Friday, December 4, 2015

Channakah; Celebrating, Miracles in Battle, or Supernatural Oil?

In Al HaNissim we only mention the Miraculous outcome in the battlefield. When we light the Menorah, we recite "Haneiros Halalu", which discusses the miracles in battle.....

The Gemmarah in Shabbos 21b, on the other hand, only discusses the miracle of the lights....

So which one is it??

For questions and comments please email salmahshleima@gmail.com
 

Tamar Epstein's heter versus the Haifa Kidushei Taus Case: A Comment

Guest post


With the Friedman-Epstein story unfolding, a number of bloggers and commenters have raised the fact that there are precedents in the Israeli Rabbinical Courts for annulling a marriage due to mental illness or defects. The most often cited case is the decision of the Haifa Regional Rabbinical Court in Case Number 870175/4, handed down by Rav Nahari, Rav Yagoda, and Rav Rappaport.

Supporters of Rabbi Shmuel Kamenetsky, Rabbi Sholem Kamenetsky, and Rabbi Greenblatt insist that the “heter” given to Tamar Epstein was, in essence, no different than that of the Haifa Rabbinical Court: in both cases, the dayanim relied upon mental health professionals to determine that the husband has a preexisting mental illness, thus justifying annulling the original marriage.

Detractors of the Epstein “heter” point out that the cases are not comparable. The husband in the Haifa case was in a vegetative state and thus unable to give a get, making his wife a true aguna. In the Friedman case, the husband is alive and well and can give a get, even if his terms are not amenable to his wife.

By reading the factual presentation in the Haifa decision one can immediately see the obvious distinction between the cases. A more important point – and one barely mentioned by the various blog postings on the topic, is the procedural difference between the two cases.

About two years ago, the Epstein camp issued press releases claiming that Tamar Epstein was “free”. Not a single rabbinical figure was willing to step forward and explain how a married woman became unmarried without having received a get. While there were plenty of rumors that support was coming from Rabbi Shmuel Kamenetsky – who together with his son have been friends of the Epstein family for decades. However, no admission on his part was forthcoming. On the contrary, Rabbi Shmuel Kamenetsky issues a signed statement denying that he allowed Tamar to remarry without a get. In any case, the exact meaning of the proclamation that “Tamar is free” was left to the imagination of those following the case.

Tamar's marriage during the Asere Yemei Teshuva brought the issue to the public – and led to the publication of the “heterim” written by Rabbi Sholem Kamenetsky and Rabbi Greenblatt. Rabbi Kamenetsky’s letter (in its various drafts) consisted of two or three typed pages and includes a short discussion of the halachic issues, as well as a factual section. At no point does Rabbi Kamenetsky claim to have spoken with anyone from Friedman’s side, let alone Aharon himself. The factual findings in his letter are exclusively based upon two sources:

a) Tamar herself, who presented the opinion of a therapist who allegedly treated the couple;
b) an “expert doctor” who diagnosed Aharon with two separate disorders. He never met Aharon, and appeared to base his opinion on conversations with Tamar and another woman who had been engaged to Aharon at one point.

Rabbi Greenblatt’s one page “heter” (350 words in total) mentions that most poskim opposed annulling marriages due to defect, but Rav Moshe Feinstein did hold that this was possible. Rav Greenblatt did not go into the facts of the case, relying, instead, on Rabbi Sholem Kamenetsky’s presentation that the husband is mentally ill and that this defect existed before the marriage.

The informal gag order having been lifted, we now know that Tamar Epstein was declared “free” – not by a duly convened Beis Din consisting of three independent dayanim well-versed in Even Haezer, but by “heterim” that ultimately boil down to the fact finding mission of a close family friend, Rabbi Sholem Kamenetsky.

Therefore, without getting into the halachic and psychological fallacies at the basis of the “heter,” we can see the complete lack of procedural justice in the Epstein case. No Beis Din was convened; Friedman’s side was not heard; the “dayan” who gathered the evidence was a biased and interested party to the case; the evidence appears to be largely hearsay; and the entire process was veiled in secrecy and, in fact deception: while Rabbi Shmuel Kamenetsky denied supporting the “heter”, both Rabbis Greenblatt and Sholem Kamenetsky wrote that he was, in fact, in favor of it. (There are also recorded conversations of Rabbi Shmuel Kamenetsky telling potential marriage partners for Tamar that they could marry her, despite Aharon not having given a get.)

The Haifa case was conducted in a completely different manner. The 89 page decision (nearly 40,000 words) was published in its entirety, although, as per Israeli law concerning Rabbinical Court proceedings, identifying details were omitted.

The decision was given by a panel composed of three dayanim, who had no connection to the litigants. Since the husband was unable to appear, the Beis Din appointed a guardian ad litem (his mother) to represent him in the hearings.

The evidence was gathered from a number of witnesses, including those from the husband’s side. A number of different doctors were consulted and these doctors based their opinions both on written medical reports and on the psychiatrist who had treated the husband.

Even after the three judges came to their conclusion, they certified the case for appeal and the dayanim of the Great Rabbinical Court of Appeals concurred with the lower court’s opinion.

We can summarize by stating that the Haifa case, in all of its aspects, was conducted with an adherence to procedure and transparency.

Such cannot be said for the Epstein case, which has been characterized by a partisan, agenda driven decision making process conducted without any attempt at procedural fairness. The entire process was obfuscated by a disinformation and distortion campaign perpetrated by those promoting the “heter.”

Justice Brandeis argued that “Sunlight is said to be the best of disinfectants; electric light the most efficient policeman.” If so, we can only hope that exposing this procedural travesty of justice to the public will cure Klal Yisrael of this infection and, with Hashem’s help, prevent it from spreading any further than Philadelphia.

Rabbi Schecter Interview in Ami Magazine - with added comments

Wednesday, December 2, 2015

Tamar Epstein's Heter: Should a special beis din be created to rule on its validity or should the focus be on investigating the rabbinic corruption and incompetence revealed in this case?

Guest Post

With regard to the proposed new beis din, it appears to me to be of extremely limited value for them to just determine whether or not the annulment was valid - although that is something that should be done.  The annulment is a total joke and everyone knows that.

It seems to me that what is needed is an investigation of so-called "rabbonim" who had a role in this matter over the last seven years, not just the psak.  It should include an investigation of what process they went through in making the psak and the other similarly reprehensible actions taken over the years, and what fact-finding if any was done by which "rabbonim" that would justify these actions.  It appears to me that there must be some type of reckoning as to whether it is appropriate for these individuals to have any leadership role as a posek, rav, or other type of communal leader.

This matter is not a matter of innocent mistakes, or people cutting a few corners.It appears to me that this involved the grossest possible incompetence at best, and more likely outright, knowing and  purposeful deceit, if not pure bribery and corruption. This behavior went on for years and years, including the most vile character assassination, not to mention a beating and attempted kidnapping that endangered the life of a child, which clearly constitutes a capital crime under Federal law.

This activity has created a massive chillul hashem and made a total mockery of Orthodox Judaism.  Given that the "rabbonim" deliberately made this matter into a huge public spectacle (such as articles in the New York Times, Washington Post, and demonstrations at the United States Congress), they had to have known that this "annulment" would become very public. 

So while it is true and important to show that the annulment was not valid and the resulting children would be mamzerim - but there is a much greater question that needs to be address. The larger question is about the apparent massive incompetence and corruption at the highest levels of so-called Orthodox leadership in the United States. Included in this is the silence of other's in leadership positions and why they ignored what everyone knows is true?   Failure to hold those rabbis who were involved in corrupting the halachic proces will just guarantee that similar or even worse episodes will happen in the future. Therefore this an opportunity for the Jewish community to do some long overdue housecleaning and rededication to halacha and truth.

R Shalom Kaminetsky: Architect of Tamar's heter - is guest speaker at melave malkah


Tamar Epstein's Heter: Rav Shmuel Feurst joined Rav Nota Greenblatt in giving the "heter"

It has long been suspected that Rav Feurst of Chicago was a significant factor in the "heter". Rav Greenblatt wrote in his letter that after hearing the "facts" of Aharon Friedman's serious and incurable "mental illness" he was willing "to join other rabbis" in giving a heter for Tamar to remarry without a Get. The question has been who are the other rabbis or did Rav Greenblatt give a heter by himself because no one else wanted to agree to R Shalom Kaminetskys request for a heter of mekach ta'os?

I have gotten a direct answer to the question from a well qualified source. He stated categorically that Rav Feurst had agreed with the heter but he added that there are others. Rav Feurst is a well regarded posek and also a talmid of Rav Moshe Feinstein. Thus we are not talking about Rav Greenblatt having an off day and following  the Daas Torah of Rav Shmuel Kaminetsky. We see that there are poskim - who clearly should know better - who agreed to this "heter" without bothering to check the facts as presented by R Shalom Kaminetsky and did not bother to hear the other side. Thus the corruption in the system is significantly worse than if the entire responsibility was on Rav Nota Greenblatt. It is also astounding that a posek of Rav Feurst's stature would not acknowledge that he was a major player in the "heter" or even acknowledge that he was involved.

I have also heard reports that this isn't the first time that Rav Feurst has declared that a Get wasn't needed because of "mekach ta'os". Someone mentioned that he has done it at least 15 times. At the present time I do not know whether this report is correct and whether the conditions specified by Rav Moshe Feinstein were met in the other cases. However there is no question that in Tamar Epstein's case Rav Moshe Feinstein would not have accepted the false data and the false conclusions.

It is time for Rav Greenblatt and Rav Feurst to either defend their psak or retract it. As Rav Greenblatt has noted, a secret psak by anonymous poskim is not to be taken seriously.

Sunday, November 29, 2015

Rav Nota Greenblatt: Problem of relying on others for the facts that determine psak

Dear Rabbi Eidensohn,

There is a tragic situation I have been trying to do something about for several years. Perhaps your recent endeavors can help.

In January 2014 I spoke to Rabbi N. Greenblatt of Memphis, TN who confirmed the Halachos of Orech Chaim, siman 366  require that if anyone is prevented from access from the food component of the community eruv, the eruv is invalid. There are several people in Las Vegas that the Young Israel does not allow on the property, most notably a widow (http://cleanupyoungisrael.blogspot.com/)! It appears that Rabbi Greenblatt's son Rabbi Yaakov Greenblatt, who participated in construction of the eruv, was not informed of the situation in the area the eruv was to encompass. 

When I called Rabbi Greenblatt in Memphis it was very clear he knows the Halacha of eruv that the Kollel failed to fulfill. He said he was going to check into it. When I called him back he said that he had been assured by the "Bnei Torah of the Kollel" that everything is all right. He didn't know about the widow, he didn't know what happened to Rabbi Peltz (http://cleanupyoungisrael.blogspot.com/2012/01/leaders-of-young-israel-of-las-vegas.html) and he has no idea how Rabbi Edgar Gross, z'tl was threatened if he dare try to enter the shul (https://drive.google.com/file/d/0ByDyf3w55PRPdWNuaDdOcnhVbjQ/edit?usp=sharing).
 
Rabbi Greenblatt simply put his trust with "the Kollel", a kollel that disregarded a seruv on the excommunicated leader of the shul, that everything is all right so to him the eruv erected by his son is ok.

Any way you can help with this situation would be greatly appreciated.

Thank you.

Asher Kaufman
 

Fax number, 763-322-2342

If anyone wants to speak with me they can either email or fax their number to me and I will call them back.