Wednesday, February 3, 2016

Mishpatim 76 – Questioning Authority [ Kaminetsky-Greenblatt Heter] by Allan Katz

Guest Post by Allan Katz

A teacher walked around a school wearing a T-shirt with ' Question Authority ' written on it. A kid approached the teacher and asked ' Who is Authority '. It is difficult to imagine a teacher wearing such a shirt in a religious school, but it is the same message we see in the Talmud, Shevuot 31. In court, a student thinks that a poor person is in the right and innocent and the rich person is liable and in the wrong, but his Rabbi, the judge holds differently. He is told to voice his disagreement with the judge, and not remain silent. When, according to his opinion he thinks that his Rabbi, the judge is making a mistake he should not wait but intervene and express his opinion and of course in a respectable way. He does not have to be concerned about his Rabbi's possible loss of esteem and respect and he should not fear any reprisals or retaliation by the rich man. He should speak out for the sake of coming to the truth and distancing himself from dishonesty. The Talmud here is not speaking about a disagreement in learning, but in actual p'sak, how a case in a beit din, a law court should be judged. And it obvious that the student should question his rabbi, the authority figure when it comes socio-moral learning, as to how the rabbi conducts himself in the world. This is especially true where corruption and a lack of honesty is involved.

The Talmud learns this from the verse - מדבר שקר תרחק - Distance yourself from dishonesty and untruths. A person has to take steps to live his life in a way that he is not forced to lie or be dishonest. Being financially independent goes a long way in helping a person's be honest and have integrity. In this area religious institutions are challenged and pressure can be brought that can make one compromise one's integrity and adhering to God's will. When one is involved in mitzvoth, good deeds, expressing gratitude , providing a livelihood for teachers and support for students learning in a Yeshiva , people can feel a sense of self- righteousness – נגיעה הצדקות and justify ' cutting corners' and permitting one to be dishonest for the sake of a greater cause. And when the cause involves a woman who is ' perceived as an agunah', a woman who is ' chained' because he husband refuses to free her by giving her a divorce- get, and the husband is being called an evil person, a rasha, the eyes of people are totally blinded. They then believe and act in a way that' the means justify the end. '

In fact, after the Torah encourages one to distance oneself from dishonesty, it warns people not to take bribes. The Alter from Slabodka explains that we might expect people of lesser greatness to take bribes and certainly justify it for the sake of a greater cause, but the great people, ' gedolim', would never do such a thing. So when the Torah talks about bribery and great people --do not take a bribe, because bribery blinds the eyes of the wise and corrupts the words of the righteous - it is not about money. The Alter from Slabodka explains that the word for a bribe – sho' chad implies that because of a favor being done to them or for some other reason, there is an oneness, a total identification with that person. This oneness and identification prevents a person from seeing the other in a bad light and being the guilty partner. So to identify with a woman who is having problems getting a get- a religious divorce is Ok , but this identification blinds one, and one cannot act as a judge in the dispute between the husband and wife. Each case is different, sometimes the woman is getting the worst end of the deal and it can even be a majority of cases, but sometimes the man is the more innocent party. And of course a final decision has to take into account the children and how the couple will co-parent after the divorce, so identification with either party is problematic.

Questioning and challenging authority is encouraged because it is for the sake of truth and establishing God's authority in the world and personal growth in Torah. And this process means that people have to see ' mistakes as our friends ' in the knowledge that אין אדם עומד על דברי תורה אא"כ נכשל בהם - one only really understands the words of the Torah until one stumbles, makes a mistake in them. Mistakes are also not the problem, because the focus is on Teshuva, repenting and improving, not the falling, but getting up. People who are constantly involved in Teshuva are ready to admit mistakes and see them as a learning opportunity. In fact, it is acknowledged that great leaders are the ones who have to courage to expose their vulnerability and admit their mistakes or lack of knowledge or competence in certain areas. The lesson - being willing and have the courage to expose one's vulnerability is learned from Yehuda and King David. Exposing vulnerability promotes connection and trust, the cornerstones of leadership. Great leaders welcome those who question their authority, because as the sages tell us – we learn a lot from our teachers, but the most from our students and this is not only in the intellectual and academic area but also in the area of socio-moral learning.

Encouraging students to be more challenging also fosters connection and more respect between teachers and their students.We want students to question not only out of a desire to find out what is true but to care and do what is right. They should acquire the insight needed to recognize injustices and the courage needed to oppose them and be willing to take a stand.

Tuesday, February 2, 2016

The dangers of the Internet: 13 year old killed as a result of online chat

Washington Post    There are few holes deeper than those in the heart of a 13-year-old girl.

For many, it is an age of painful yearning, of a life lived in imaginary cloudworlds, away from acne and algebra and all that awkwardness.

It used to be 13-year-olds would cry into their pillows. Or write in rainbow-covered journals, with rainbow pens. Their pain was private. Still, most endured, and survived.

But Nicole Madison Lovell found something we all wanted when we were 13: an audience.

There are people out there who listen to sad, lonely girls, tell them they are beautiful and smart. They were right there — in Nicole’s bedroom.

She asked them if she was cute. She flirted with them. She showed them coquettish pictures of herself. She was a social media-savvy tween when she told them all about her first kiss. Her imaginary cloudworld wasn’t private. On Facebook, Instagram, Kik, in chats and groups, she wasn’t the kid with the liver transplant scars, or the baby fat girl bullied in her seventh grade classes. She was a flirting, dating teen with lip gloss and great lines.

And Nicole did not survive.[...]

But here’s what we do know for sure: Nicole led an active, imaginary life online, meeting people on Kik, a messaging app that has been the bane of law enforcement officials these past couple years. [...]

“Kik became the latest thing,” Bacon said. “It’s attractive to predatators because of its anonymity. You can make a Kik account and you can make yourself out to be anyone you want to be.”[...]

Bacon said he tells parents to never let their kids have in-depth, online conversations with strangers. If your kid has crossed the line, ask your phone carrier to have your kid’s phone mirrored to your phone.

“Every text, every picture they send, mom and dad can see on their device,” he said.

My kids hate it when I do that. Too bad.[...]


Monday, February 1, 2016

Rav Gestetner criticizes ORA

"THE REAL CULPRIT IN THE TAMAR FRIEDMAN EPSTEIN REMARRIAGE"

GUEST POST:

Most of us by now have realized that Tamar Friedman Epstein’s remarriage to Adam Fleischer is a clear violation of the Torah and should she bear any children with him, they will be branded as mamzerim. We have witnessed dozens of great Rabbis decry the Kamenetsky Greenblatt Heter to remarry.  The question is : What caused Rav Shmuel Kamenetsky to allow for such a clear breach of the Torah? The answer in my opinion is that we have allowed for so many years the laws of Gittin to be twisted to conform to the modern feminist  movement’s wishes, which has led us in a path of laxity in the stringencies of Hilchos Gittin.  We have recently seen countless rabbis involved in  practicing “forced Gittin” against halocho, being exposed for their bad deeds. But the list of such rabbis is much bigger. Most rabbis involved in forced gittin aren’t kidnappers or torturers, but their methodologies produce the same mamzerim as Tamar Epstein would. Is it a mere coincidence that so many rabbis involve in this anti- Torah  scheme meet their fate in the same year?  

 One such entity that is responsible for much strife and enmity in Divorce matters is ORA (organization for the resolution of Agunot ) led by R. Jeremy Stern. He runs an organization well-funded by the feminist  movement , to force Gittin on all men. Make no mistake, according to ORA, you have no halachic justification to argue your case on why your wife hasn’t received her Get, but rather they will destroy your reputation, financial means , and distance you from your children all in the name of the GET. This organization has gained momentum in the last 20 years under the false pretense of helping victimized women whose husbands refuse to give them a GET. Although there exist cases of true Agunot, many others are all “self created Agunot” to help ORA bolster the need to raise funds for their “ overinflated number of Agunot”.

 These “fake Agunot” are in reality mentored and guided by ORA to withhold negotiations with their husbands or only negotiate terms that are 100% favorable to them, thereby causing no movement in negotiating an end, and thereby extending the “fake aguna status to 10+ years in many cases. They can then claim to the public that they have an “Aguna Crisis” and raise more money for their cause. Additionally ORA has over the years bullied rabbis who don’t follow along with them in their scheme. Their greatest weapon has been public rallies and other intimidation tactics. 

Let’s take for example the Aharon Friedman and Meir Kin cases. These men have gone to Bais Din from the beginning. They both had followed halachic protocol and showed a willingness to give their wife’s Gittin. In fact Meir Kin had deposited a Get over 8 years ago. However as the following letter from Bais Din Shaar Hamishpot indicates, Lonna Kin stated to Rabbi Gestetner that ORA is unwilling to remove all their hateful propaganda against Meir. The Bais Din has informed her and several others that once the internet/ newspaper bashing is removed, then negotiations for the release of the Get can begin, as otherwise the GET will be not kosher due to coercive tactics employed.  Rabbi Gestetner informed Lonna that indeed ORA is the cause of her not receiving a GET. The question is why after 10 years of separation and  Meir remarrying with a Heter of  100 Rabbonim, that ORA is refusing to help out Lonna in receiving her GET? 

Then  you have Aharon Friedman offering a GET, but just requests that Tamar move back to his vicinity to visit with his daughter, but once again no negotiated end? ORA was once again also involved in the Friedman-Epstein divorce.  How ludicrous is this whole fiasco, where all that had to be done was to negotiate a settlement? But why is Tamar Epstein and Lonna Kin and many others going along with ORA after years with no GET?  Therefore , we all must wake up and realize that ORA is the culprit for many of these unsettled cases. They will continue to obstruct meaningful negotiations if it opposes their feminist agenda or if it diminishes their "Aguna numbers", and until we stop our support of ORA and distance ourselves from them, we will see a continued amount of unsettled divorce cases in which many of these husbands are actually wishing to give their wives a GET, but are waiting for a negotiated fair settlement so they too can live life after the divorce.

Sunday, January 31, 2016

Rav Avraham Chaim Sherman :Kaminetsky-Greenblatt heter







הובאו לפני דבריהם של הרבנים הגאונים דייני בית הדין קבוע דבאלטימור שליט"א, ראש ישיבת נר ישראל הרב אהרן פלדמן שליט"א, ראב"ד דמאנסי כבוד הרב שמואל יהודה לייב לאנדסמאן שליט"א אודות המעשה הנורא של התרת אשת איש לעלמא בלא גט רח"ל דבר שפוגע בקדושת הנישואין וקדושת עם ישראל.
מאחר והתרת אשת איש לעלמא בלא גט לא נעשתה ע"י בי"ד חשוב ובלא הסכמתם של גדולי תורה ופסיקה והושתתה על הפקעת קידושין בלא גט מכח מקח טעות.
חובה להקים בי"ד חשוב של דיינים מומחים, ובדחיפות שיזמינו את האיש והאשה ????? (אולי וזאת?) ע"מ לאפרושי מאיסורים חמורים, ושמירה על קדושת הנשואין וקדושת עם ישראל.
באתי על החתום להיות שותף לפסיקתם ומחאתם של גדולי התורה והפסיקה, <חתימה>

Saturday, January 30, 2016

Chazon Ish: Understanding of Jewish thought and Agada requires knowledge of halacha


אמונה ובטחון
השלמה לפרק ג'   כח

אלה שלא זכו לאור הגמ' בהלכה המה משוללים גס מאגדה באפי' האמיתי כי בהיותו חסר לב חכמהו אי אפשר לו לקנות מושגים שמימים אמיתים, גם אינן מסוגל ללימודים מישרים ומה שהזכירו בגמ' בעלי אגדה היינו חכמים בהלכה שהוסיפו עיונם גם באגדה אבל לא יתכן להיות ריק מהלכה ולהיות בעל אגדה, ויתכן אנשים שעסקם בהגיונות בני אדם כעין פילוסופי' ריקנית פעם במדות פעם בקורות הדורות ועוד כיוצא בהם ומשתדלים לקבוע הגות לבם במסגרות התורה, ויתכן שיצליחו למשוך לב השומעים ולהנעים זמירות באזני המקשיבים, ואמנם אלה אין להם חלק בתורה לא בהלכה רלא באגדה כי כיסוד ההלכה יסוד ההגדה, אין הגדה הגיון לב. ההגדה היא חלק התורה שקיבלנוה דור אחר דור אשר מסרה משה ליהושע ויהושע לזקנים וכדתנן באבות ולהיות בעל הגדה החובה להיות בקי במקרא בתורה בנביאים וכתובים, להיות בקי בכל אגדות שנאמרו בגמ' בקיאות נאמנה להיות בקי במדרש בקיאות שנונה ומסודרת, ואחר כך לשאת ולתת בה בהבנת המסקנות שבהם. וכמו שלא יתכן חכם בהלכה בלא קנין הבקיאות המרובה, ואמנם אלה החפצים בהתגלות לבם מורגלים בידיעות מקוטעות קטע מכאן וקטע משם עד שנאסף בידם ילקוט של מאמרים ספורים המשמשים בם לברוא הרצאות להשמיע לרבים (ומהם מופלגים בבורות וריקנות אינם יודעים לתרגם התורה נו"כ אינם יודעים את הכתוב בראשונים ידיעה מספקת, ומהם שלא למדו כלל תנ"ך ואינם מבינים ללמוד אגדה בבמ' ברוב מקומות הש"ס) ובכל זאת המה מחנכים לצעירי הצאן, ומטיפים לקח במידות ומוסר ולפעמים גם במדע ומתק שפתים ) ואם אמנם המה גורמים לעתים להטות לב הרכים ליראה ולמוסר, ולבנו רוחש להם כבוד והערצה על מעשיהם הטובים, אבל אין שמחתנו שלמה בהם כי סוף סוף חסר לנו תורה ויש כאן עניות דתורה, ויצירתם בלתי מתוקנת בהחלט, וכמו שכתוב בפרקים הקודמים, אם אין תורה אין חכמה אין עצה ואין תבונה.

Thursday, January 28, 2016

Prenuptial Agreement:Rabbi Shalom Spira proposed correction to RCA resolution

Be-chasdei Ha-Kadosh Barukh Hu, Yishtabach Shemo


Shalom Aleikhem Ha-Rav ha-Ga'on R. Daniel Eidensohn, shlit"aBishvilo Nivra ha-Olam, u-Mimenu Ein Raz Ne'elam,

I think that Kevod Torato ha-Rav will appreciate this letter I sent to the President of the RCA two months ago regarding how to rectify the RCA prenuptial agreement.

Todah rabbah ve-khol tuv,

Shalom Spira
Montreal, Canada




From: Shalom Chaim Spira
Sent: November 24, 2015 16:38
To: rabbibaum@ketertorah.org
Subject: RCA Resolution entitled `ORA; Kayama; and, Illegal Halachic Relationships`

Be-chasdei Ha-Kadosh Barukh Hu, Yishtabach Shemo


Shalom Aleikhem R. Shalom Baum, shlit"a, Nassi shel Histadrut ha-Rabbanim de-America, Yehi Noam Ha-Shem Alav, ve-Al Kol ha-Nilvim Elav,

Congratulations to Kevod Torato ha-Rav upon his appointment as President of the RCA. 

With the kind permission of Kevod Torato ha-Rav, I would like to respond to the recent RCA resolution entitled  `ORA; Kayama; and, Illegal Halachic Relationships`, available here: http://www.rabbis.org/news/article.cfm?id=105834

The resolution calls upon every RCA member to utilize the prenuptial agreement available at <theprenup.org> for every wedding where he is mesader kiddushin. However, what the talmidei chakhamim who voted in favour of this resolution may not have realized is that R. Moshe Sternbuch recently wrote a responsum disqualifying this very same prenuptial agreement. The responsum is available at https://www.scribd.com/doc/273292099/Rav-Moshe-Sternbuch-condemns-prenuptial-agreements?secret_password=tfA9agf8H8M7dDE9Hk4N. R. Sternbuch`s responsum vindicates Section A of my prenuptial agreement essay at http://www.scribd.com/doc/176990434/Prenuptial-Agreements , which reached the same conclusion prior to R. Sternbuch (based, as my essay is, on R. J. David Bleich, Be-Netivot ha-Halakhah Vol. 1, the latter having been published two decades ago).

Of interest to Kevod Torato ha-Rav will be that my prenuptial agreement essay (which diamond-polishes R. Jacob Kamenetzky`s proposal how to rescue agunot; R. Kamenetzky having been presented with the original idea by his disciple R. J. David Bleich) was even more recently publicized in the Canadian Jewish News (Nov. 12, 2015; p. 32) in honour of Parashat Toldot, a scan of which is presently enclosed. 


Given these developments, I hope that Kevod Torato ha-Rav will encourage the RCA to reformulate its resolution to call upon every RCA member to abandon the (well-meaning albeit unfortunately disqualified) prenuptial agreement at <theprenup.org>  and to instead employ the kosher prenuptial agreement presented by my essay.

I thank Kevod Torato ha-Rav for his kindness in receiving my recommendation.

Todah rabbah ve-khol tuv,
Shalom Spira
Montreal, Canada

Wednesday, January 27, 2016

Jeremy Stern - I quit my shul when the rabbi came out against prenuptial agreements


Two weeks ago, I rescinded my shul membership. The rabbi had made a public statement against the use of halachic prenuptial agreements. For me, he crossed a red line. I cannot identify with an institution whose religious leader opposes rectifying one of the worst desecrations of G-d’s name that currently plagues the Orthodox community. 

Get recalcitrance is not only a violation of Jewish law, but a form of domestic abuse in and of itself. Domestic abuse is not just about black-and-blue marks, but about a repeated assertion of power and control from one spouse over the other. That is precisely what goes on when an estranged husband vindictively and sadistically refuses to issue a get long after the marriage has proven to be irreconcilable. 

We cannot stand idly by while such abuse is perpetrated in our midst, and we cannot simply point fingers at others — rabbis in particular — to “fix” the problem. Simple solutions are rarely the cures for complex problems, and the agunah crisis is no exception. However, while a comprehensive solution to the agunah crisis may be beyond our grasp, there is one solution which has been extremely effective in preventing this problem going forward, and it is in our hands to implement: the halachic prenuptial agreement.

At the end of the day, we choose our rabbis, our rabbis don’t choose us. We hire our shul rabbis. We are the ones who vote them in and sign their contracts. It is up to us to make this a red-line issue. We must hire rabbis who will not only encourage the use of halachic prenups throughout the community, but insist upon their use whenever they officiate. [...]

R Shlomo Rechnitz speaking out about children rejected by Lakewood schools




Friday, January 22, 2016

Beshalach; Was The Land Of "Moav" Originally For The Jews By Rabbi Shlomo Pollak



At the end of the Bris Bein HaBesorim (בראשית טו, יח-כא) , Avrohom Aveinu was promised the land of 10 nations, including קיני קנזי & קדמני, which Rashi there explains is אדום עמון ומואב......

"ביום ההוא כרת ה' את אברם ברית לאמר לזרעך נתתי את הארץ הזאת מנהר מצרים עד הנהר הגדל נהר פרת. את הקיני ואת הקנזי ואת הקדמני. ואת החתי ואת הפרזי ואת הרפאים. ואת האמרי ואת הכנעני ואת הגרגשי ואת היבוסי"

We, of course, only  got the 7 lands, and Rashi explains the other three we will get לעתיד לבא......

There is, however, an apparent contradiction in the words of Rashi himself, if that was the original plan, or if we lost those three, after the  חטא מרגלים.......

For questions and comments please email salmahshleima@gmail.com

Rabbi Brodksy strongly criticizes Rav Moshe Sternbuch for calling for public protests against gedolim (i.e. Rabbi Kaminetsky) regarding the heter

 update: added audo recording
Rabbi Brodsky - a rosh yeshiva in Toronto - expresses the view of many rabbis that one can not publicly criticize gedolim and he says Rav Sternbuch's words should be ripped up and thrown away. The layman should not talk about the issue at all since it is being handled properly by rabbis behind closed doors. In contrast Rav Sternbuch has clearly and strongly stated that it is the obligation of every Jew to protest against this corruption of halacha.

The fact that Rav Shmuel Kaminetsky has not rejected the heter for adultery and that Rav Nota Greenblatt has not publicly acknowledged that the heter for adultery he gave is invalid - deserves criticism - as the Rambam (Hilchos De'os 6:8) has clearly stated. It is not as if this is a complex halachic problem. They simple continue to refuse to acknowledge the obvious - that they have made a serious mistake in giving a heter for adultery - and need to publicly acknowledge it

audio recording January 16 2016


Tefillos for a refuah sheleima for Rav Chaim Yisroel Belsky

 

Rav Yisroel Belsky is a brilliant talmid chochom, treasured rosh yeshiva, tzadik and poseik.
 
He is hospitalized in very serious condition and is desperately in need of our tefillos.
 
Please daven for him besoch shar cholei yisroel for a refuah sheleimah b’mheirah.