Tuesday, June 24, 2014

Friedman in 1980s New York sex abuse case sues

Washington Post  A man who was portrayed in an Oscar-nominated documentary as he fought to overturn his guilty plea in a notorious 1980s sex abuse case sued a Long Island prosecutor Thursday, alleging she defamed him to bolster her conclusion that the plea should stand.

Jesse Friedman, a subject of the film “Capturing the Friedmans,” accused Nassau County District Attorney Kathleen Rice of concocting “outrageous” allegations about him, including a widely published statement that he created pornography involving child rape, incest and bestiality while a prisoner.

Friedman’s attorney Ronald Kuby said Rice timed her statements to “have the greatest negative impact” on the public’s perception of Friedman — last summer, as she neared the conclusion of a three-year review of the case.

Rice included the pornography allegation in her June 2013 report on the case, according to the lawsuit, and in press releases that became fodder for tabloid newspaper headlines including: “Jailbird Perv a Smut Writer.”

Paul Leonard, a spokesman for Rice’s office, issued a statement Thursday saying: “We view this lawsuit as meritless and will defend zealously against its allegations.”[...]

Latest scientific theory indicates that the universe shouldn't exist

C S Monitor     The universe shouldn't exist — at least according to a new theory.

Modeling of conditions soon after the Big Bang suggests the universe should have collapsed just microseconds after its explosive birth, the new study suggests.

"During the early universe, we expected cosmic inflation — this is a rapid expansion of the universe right after the Big Bang," said study co-author Robert Hogan, a doctoral candidate in physics at King's College in London. "This expansion causes lots of stuff to shake around, and if we shake it too much, we could go into this new energy space, which could cause the universe to collapse."

Physicists draw that conclusion from a model that accounts for the properties of the newly discovered Higgs boson particle, which is thought to explain how other particles get their mass; faint traces of gravitational waves formed at the universe's origin also inform the conclusion.  

Of course, there must be something missing from these calculations.

"We are here talking about it," Hogan told Live Science. "That means we have to extend our theories to explain why this didn't happen."[...]

Sholom Shuchat admits guilt in Mendel Epstein divorce torture case

APP    A Brooklyn man characterized by the FBI as an enforcer has pleaded guilty to taking part in a plot that prosecutors say involved a Lakewood rabbi and his son to use violence to kidnap an Orthodox Jewish man and force him to give his wife a religious divorce.

Sholom Shuchat pleaded guilty in federal court in Newark on Monday to traveling in interstate commerce to commit an act of violence. The crime carries a maximum 20-year prison sentence.

Monday, June 23, 2014

Fate of 3 Kidnapped Israelis Raises Tensions on Many Fronts

NY Times    Three Israeli teenagers kidnapped from the West Bank have been missing for more than 10 days now, their names — Naftali, Gilad, Eyal — becoming staples of synagogue prayers and cafe chatter across this tiny country. Four Palestinians, one of them 15, have been killed by Israeli troops, their photos hoisted at mass funerals as martyrs in the liberation struggle.

The abduction and its aftermath, in which Israel has unleashed its most intense West Bank crackdown in nearly a decade, have shaken the Palestinian leadership body that works with international negotiators and have roiled a territory that those diplomats have envisioned as a future Palestinian state. Any prospect for a return to Israeli-Palestinian talks seems ever more remote.

After winning the world’s support for a new government rooted in reconciliation with the militant Islamic movement Hamas, President Mahmoud Abbas of the Palestinian Authority is under unprecedented attack for cooperating with Israel’s search for the teenagers. He has been vilified as a traitor and threatened with death on social media, and even activists from his own Fatah faction posted Facebook statements challenging his rule.

The crisis at first buoyed Prime Minister Benjamin Netanyahu of Israel with a wave of domestic unity and international outrage, but he has begun to see a backlash against Israel’s arrest campaign. He faces demands to provide proof backing his claim that Hamas is behind the abduction, and even members of his own cabinet have second-guessed his dismissal of Mr. Abbas’s supportive statement.

With the wider Middle East engulfed in violent turmoil, analysts increasingly fear the explosion of a third intifada in the West Bank and Gaza Strip — or the unraveling of the Palestinian Authority — if the teenagers are not found and the Israeli campaign continues to erode Mr. Abbas’s credibility and control.

Nearly two months after the collapse of Secretary John Kerry’s peace talks, the situation only highlights the huge gulf, political and psychological, between the long-warring neighbors.
“In Israel, the whole country is obsessed by this and can’t think of anything more horrible, and on the Palestinian side, you see these cartoons where it’s celebrated,” said Dennis B. Ross, the former American peace negotiator, who arrived in Jerusalem during the weekend. “It’s not just the two publics, it’s the two leaders who have looked at each other through a lens of basic disbelief.”[...]

Sunday, June 22, 2014

אימה בבני ברק: תלמיד ישיבה נעצר בחשד לניסיון תקיפת ילדה

Kikar haShabbat

תלמיד ישיבה כבן 19 נעצר הלילה ברחוב עזרא בבני ברק כאשר עקב אחר ילדה בת 13, בחשד כי תכנן לבצע תקיפה חמורה. התלמיד, החשוד בתקיפות נוספות, יובא להארכת מעצר (חרדים)

Thursday, June 19, 2014

Rav Zilberstein: Is acting friendly to someone you can't stand - geneivas daas?

Rav Zilberstein (Chashukei ChemedShavuos 35b): Question: A person sees someone from a distance and cringes hoping that the other one doesn’t see him and come over to him because he has no strength to deal with him. And yet when they do in fact meet he forces himself to have a big smile on his face and to give him a friendly greeting while at the same time regretting that they had met and counting the seconds until the person leaves. Is this considered a transgression of the sin of fraud (geneivas daas)? Answer:  Rambam (Hilchos De'os 2:6) writes that it is prohibited to conduct oneself in a fraudent and deceitful manner. A person should not act differently then he feels (the mouth and the heart should be in agreement) but rather his actions and words should be consistent with what he thinks (tocho k'baro) and that which is in his heart should be that which he expresses with his mouth. The Rambam concludes by saying that even one word of deception and fraud is prohibited. But rather he should have truthful lips and an upright spirit and a pure heart in all his endeavors. Rashi expresses similar thoughts in Parshas Vayeshiv (Bereishis 37:4), where he says that Yosef's brothers could not speak to him because they despised him – and from this we learn their praise that they were not able to be deceitful and say something other than what they felt. Thus Rashi is saying that was preferable for Yosef's brothers not to be engaged in chanufa with Yosef and not to act friendly when they didn't have positive feelings about him. We find a similar idea in Sefer Chasidim (51) who says that it is prohibited to deceive others – even a non-Jew. And he adds that those who despise a non-Jew when giving them  a greeting and they cause the non‑Jew to mistakenly think they are being friendly - are in fact sinners. Because there is no greater deception (geneivas daas) than this.

 However concerning the same issue we find in Gittin (62a) that Rav Kahane when he met a non-Jew he gave him a greeting of "peace be to the master." Rashi explains he did not have intent to bless the non-Jew but rather Rav Kahane was thinking of this teacher. Tosfos there asks how Rav Kahane could do this since it was geneivas daas (fraud)? The Chasam Sofer says about Tosfos – צ"ע  - i.e., it is puzzling. The Chasam Sofer notes that Shavuos (35b) says that all the kings mentioned in relationship to Daniel are mundane except for one that is holy, "Thou, O king, king of kings, unto whom the God of heaven hath given the kingdom, the power, and the strength, and the glory" (Daniel 2:37) – which G-d is meant. This indicates that Daniel was calling Nevuchadnezer "king of kings" while in his heart he was referring to G‑d. Therefore, the Chasam Sofer concludes, we are forced to say that in a case of hatred (eivah) or peace (darchei shalom) it is deception is permitted.

However the Yalkut HaMeiri (Gittin 62a) comments that the Chasam Sofer does not really have a question against Tosfos because if in fact Daniel had meant G-d – then it is not considered geneivas daas. This is explicit in the Zohar (Parshas Va'eira 23b),Then came R. Eleazar and R. Abba and kissed R. Simeon's hand, and R. Abba wept and said: ‘Alas for the world when thou, master, shalt be removed from it! It will become an orphan without thee; for who will then illumine the words of the Torah?’ He then went on to quote David's greeting to Nabal: "Be well (lehai, lit. thus for life!), and peace be to thee, etc.” ‘Surely,’ he said, ‘David must have been aware of Nabal's wickedness, and how could he greet him thus? It was, however, New Year's day, the day when the Holy One judges the world, and David's intention in using both expressions, “Thus for life”, and “and thou art peace”, was to address Him from whom all life and all peace come, in order to make a fitting profession of faith. And greeting a righteous person with Shalom! (peace, harmony) is like greeting the Holy One Himself, especially when addressed to thee, O master, who in thine own person representest the harmony between the above and the below! But it is not allowed to greet thus a wicked person, and yet, if it be unavoidable, there is no insincerity involved in the phrase when outwardly addressed to the person concerned, but inwardly intended for God." So therefore if you want to claim this was deception – it is not – because one who offers a beracha intends it for G-d. If the wicked person mistakenly thinks it was directed at him – then he is just fooling himself. Thus we see that Daniel was blessing G-d and it was not considered geneivas daas. In contrast if one blesses a non-Jew and means his teacher – that is truly geneivas daas.


Back to our topic, it says in Avos (1:15), One should receive all people with a pleasant countenance. Since it says "all" that means even people that you don't like. Rabbeinu Yonah notes that you should show them a happy face in order that people will like you. This implies that even if you truly are not happy to see him – you should still look happy. That means it is not geneivas daas  but rather fulfilling G-d's will and in fact it is a mitzva. Furthermore that by doing this you might start liking the person since the heart follows after one's actions. The exception would be concerning a wicked person because it is prohibited to receive a wicked person with joy since you are to hate those that G-d hates.

Justina Pelletier: Case of medical child abuse or family abuse by the Department of Children and Families?

This is a sobering case where a teenager was taken from her family on the charges of child medical abuse - despite the fact that she was being cared for by one of the world's best hospitals. Supposedly on the basis of what was best for the child, the legal system took custody claiming her problems were psychological not medical- because the parents refused to accept the new diagnosis. It cost the government $400,000 for treatment in the last 16 months based on the new diagnosis - with little improvement and a deterioration in her physical condition. Because of wide spread outcries - she has been at last returned to her family. Big Brother does not always know what is best!
 
Boston Globe   When juvenile court judges and the state’s child-protection agency allow children in custody to return to their parents, there is supposed to be only one standard: the best interests of the child.

But political, legal, and financial factors appear to have also figured prominently in resolving the impasse in the 16-month-long custody battle over Connecticut teenager Justina Pelletier, and, some child welfare specialists argue, the factors may have played outsized roles. The case was locked in acrimony between the parents and the Department of Children and Families , and as recently as March the judge in the case deemed the parents unfit.

Much changed in the past month, however.

Juvenile Court Judge Joseph Johnston, at the request of DCF, restored custody to the parents Tuesday, ending the case that the child welfare agency had brought against the parents, whom officials had accused of medical child abuse. On Wednesday, Justina returned to her family’s home in West Hartford, Conn., cradled in her father’s arms.[...]

DCF filed a motion June 6 to dismiss the case. The judge went along Tuesday, citing “credible evidence that circumstances have changed.” The order said nothing about the diagnostic dispute, one in which he sided as recently as March with Boston Children’s Hospital, saying Justina’s ailments had psychological origins.

The hospital staff had filed medical child abuse charges against the parents in February 2013, a few days after Justina arrived in their emergency room. Her mother insisted that Justina was suffering from complications of mitochondrial disorder, for which the girl had been treated at Tufts Medical Center for more than a year.

Yet, more than a year later, many child welfare officials said they could not argue that moving Justina home is not in her best interests, given some sobering truths. She had not been getting much better in DCF care, and her mobility appears worse, as the teen who once walked easily now relies on a wheelchair.[...]

Wednesday, June 18, 2014

Why are Reform and Conservative Judaism dying: An important lesson for all Jews

I recently came across Relational Judaism by Dr. Ron Wolfson ©2013. It accurately describes the non-Orthodox world - which has been constantly searching for ways to stop the flood of people out of their congregations by trying to entertain them or by making Judaism interesting or meaningful. Or failing that by converting non-Jews or tolerating inter-marriage and not demanding much in terms of observance or even education. 

The solution he proposes - that the Jewish communities need to encourage and development relationships for the individual - is one that the Orthodox world need to be reminded about. The Orthodox world needs to know that while focus on intensive Torah study and mitzvos is important - it is not enough to stop our children going off the derech. It is not enough to seal our world by banning Internet, smartphones, newspapers, movies, magazine and books. It is not enough to label the outside as a heretic. It is not enough to dress differently and prohibit immodest dress and mingling of the sexes. We also need to be concerned about developing good interpersonal relations  within our community.
 ================

 A Cautionary Tale    Recently, I was invited to be scholar-in-residence at what was once one of the largest synagogues in the United States. The congregation was celebrating its one-hundredth anniversary. The campus was dominated by a huge building, built in the 1960s. The sanctuary was enormous, and a labyrinth of hallways led to dozens of classrooms, offices, and meeting halls. In the year 2000, the community had no mortgage, no debt, and a balanced budget. Most synagogues would love to be in such great shape.   Yet, there were signs that the coming decade would be challenging.   
  
The building was aging and in need of renovation. The senior rabbi who had served the congregation for decades was retiring. Most ominously, the demography of the community had changed; young people were moving north. The synagogue membership was slowly but surely declining from a high of nearly 1,500 households. The leaders of the synagogue knew that something had to be done.  

 Here's the something they did.  In the year 2000, they decided to borrow one million dollars to invest in the future growth of the congregation. After the long-serving, beloved rabbi retired, they hired a high-priced rabbi.. who lasted less than two years. That cost one-half million dollars. The other   half-million was spent on programming, all kinds of programming­ big events, concerts, community lectures with high-priced nationally  renowned speakers, highly touted initiatives to get more people into  the synagogue on Shabbat-all sorts of things. Many of the programs had clever names, good marketing, and high appeal to specific segments of the community. Lots of people showed up for the programs and, by all accounts, enjoyed them. And then ... they left.  

Nothing was done to change the ambiance of the congregation, which was widely considered cold and unwelcoming. Nothing was done to engage the people with others in attendance. Nothing was done to connect individuals with the congregation itself. Nothing was done to find out who they were. Nothing was done to follow up. Nothing was done to convince the members that the institution truly cared about them.  The result: after ten years of this initiative, the congregation was a million dollars in debt, and membership had shrunk to 300 households. By the time 1 got there, the leaders were kicking themselves, asking me what they could do to reinvigorate their community.  I told them what I will tell you.  It's all about relationships.   People will come to synagogues, Jewish Community Centers, Jewish Federations, and other Jewish organizations for programs, but they will stay for relationships. Programs are wonderful opportunities for community members to gather, to celebrate, to learn. There is nothing “wrong" with programs; every organization has them. But, if the program designers have given no thought to how the experience will offer  participants a deeper connection to each other, with the community,  and with Judaism itself, then it will likely be another lovely evening,  afternoon, or morning ... with little or no lasting impact.   

For those interested in living a Jewish life and for those professionals and lay leaders seeking to increase Jewish engagement, permit me to put my cards on the table, up front:   It's not about programs.  It's not about marketing.  It's not about branding, labels, logos, clever titles, websites, or smartphone apps.   It's not even about institutions.   It's about relationships.   [...] 

Let me be blunt: the slakes are high. Until recently, we have done pretty well to engage Jews through some connection with the Jewish community. Estimates suggest 80 percent of Jews affiliate with some institution-a synagogue, a Jewish Community Center, a Federation, a school, a youth group-at some point in their lives. We get 'em, but then, we lose 'em, usually at key transition points. Why? Because we have failed to develop deep relationships with many of the individuals who come into our midst, and we are, frankly, terrible at transitioning our people from one organization to another, from one City to another, from one life stage to another.  We can do better.  [...]

But, what happens after the crowds go home? Has anything happened during the time they were at the program to deepen their relationship to the community, to the sponsoring institution, and most importantly, to each other? Or, will they check it off their to-do list, another consumable activity, demanding little or no commitment other than a couple of hours of their time. And, will they continue their relationship with the institution? A rabbi confides in me, "A woman who was a member of my synagogue for twenty years resigned. 1 was shocked because she showed up to all of our programs. So, 1 called her to ask why she was leaving. You know what she said? 'I came to everything, and I never met anybody"
 
 Something is missing. Something critically important. Something so crucial, it could determine the health of the North American Jewish community in the twenty-first century.  It’s time to shift our paradigm. It is time to shift the shape of Jewish engagement.      

Tuesday, June 17, 2014

גדולי ישראל במכתב חריף: האישה שקיבלה גט בצפת - לא מגורשת


מרנן ורבנן גדולי הדור מפרסמים מכתב חריף ביותר נגד פסק הדין של בית הדין בצפת שהתיר אישה עגונה שבעלה צמח וכותבים כי הפסק "מגובב בסברות בדויות ודחויות מהלכה" (ארץ(

פרשת הגט בצפת ממשיכה להסעיר את עולם התורה ואת פוסקי ההלכה: הבוקר (שלישי) מפרסמים מרנן ורבנן גדולי הדור גילוי דעת חריף כנגד הגט וקובעים כי האישה אינה מגורשת ונותרה "אשת איש". 
תחת הכותרת "מחאה נמרצת", כותבים מרן ראש הישיבה הגראי"ל שטיינמן, הגאב"ד הגר"נ קרליץ ועוד גדולי תורה: "נחרדנו לראות כי יצא "פסק דין" להתיר אשת איש גמורה לעלמא (אישה שבעלה "צמח" על ידי זיכוי גט)".

גדולי ישראל דוחים במכתבם בשאט נפש את פסק הדין שניתן וכותבים כי הוא "מגובב בסברות בדויות ודחויות מהלכה, ולדבריהן הרי הותרו עגונות רבות הנזכרות בש"ס ובפוסקים ואם כן כל חכמי ישראל מאז ומעולם עומדים כנגדם".

"על כן נתחייבנו למחות במחאה נמרצת על גילוי פנים בתורה שלא כהלכה והתרת אשת איש לעלמא", כותבים גדולי ישראל.

Sunday, June 15, 2014

Daas Torah brought about the desire to kill Yeshoshua and Calev

Rav Zilberstein (Aleinu LeShebeach - Shelach) notes that when a person sins it provides justification for further sins. As the result of the Jews questioning the wisdom of going into Israel – against the wishes of G-d – it set the stage for further deterioration. When the spies came back with their report which included the conclusion that they would not be able to succeed in conquering Israel - the people collectively became very upset. This was to the degree that they wanted to kill Yehoshua and Kalev who were insisting that it was a good land and that they could succeed. Rav Zilberstein asks that while it is understandable why they were upset with the report – but why did they want kill the spies who had asserted that they could in fact conquer the land? Furthermore he notes that the people said that,  We should appoint a king and go back to Egypt." What was the impetus for that plan?

He answers that Rashi (Bamidbar 14:1) says that aida is referring to the Sanhedrin. Rav Zilberstein explains that after the negative reaction to the report of the spies – the people became very upset and did not know what to do. Therefore they wanted to know what Daas Torah was in this matter and they went to the Sanhedrin. The Sanhedrin poskened that since going into Israel could only be accomplished through miracles and the people at this point were not deserving of miracles – going into Israel would be suicidal. In other words if they entered Israel they would be killed and the women and children taken captive. The people drew the logical conclusion that rather than die in in a futile attempt to conquer Israel they should appoint a king and return to Egypt. When the people saw that Yeshoshua and Calev were still insisting that they continue into Israel – and were going against Daas Torah – they concluded that they were rodefim and they need to be killed to save their own lives. The people would have in fact killed them except for the intervention of G-d.