Unwanted Physical Contact of a Sexual Nature

Elimelech Meisels

Rabbi Elimelech Meisels is a tremendous Talmid Chochom,  a co-author of Hashkafic works, and stemming from a distinguished family. He is an incredible Mechanech. Thousands of girls can testify to that.  He has the respect and admiration of many thousands of former students and their parents for being there for their daughters. He has helped girls get through many things and actually saved lives. Where would they be today if not for him? He is a special man who helped Klal Yisroel in countless ways. 

This is the problem with a serial sex offender like Meisels. They are often very accomplished and successful individuals that inspire many followers with their charisma.  And yet he is a sexual predator who preys on the vulnerable. He knows how to ‘groom’ his victims. Most of whom are in their late teens. How talented this individual is. And how sick. Yes, it is unfortunately possible to be a talented Mechanech who has saved many lives and at the same time be a callous sexual predator that can ruin many others lives – all for his own personal sexual gratification.

It is difficult to understand how it is possible for someone like this to have been preying on the vulnerable for so long. At the same time, it’s easy to see how he can get away with it. The accolades in the first paragraph are based on comments many of his former students made defending him on Yerachmiel Lopin’s blog. He is a beloved figure. For the many he helped – which is no doubt the majority, he is an icon. It is therefore impossible to believe someone like this could ever do anything so egregiously wrong. Not only is he a great Mechanech - he is also a happily married man. How could anyone dare say anything so negative about him?

It is this kind of thinking that a motivates the defenders of people like Nechemya Weberman… or Baruch Lanner. It is also the kind of thinking that causes rabbis of good will to say that abuse must be first reported to them before going to the police. The thinking is that people with such great reputations and so many accomplishments cannot possibly have done what they have been accused of doing. They must be given the benefit of the doubt. Allowing the police to get involved would instantly ruin the man’s reputation. So of course the rabbis must be consulted… God forbid that this man, his wife, and children suffer needlessly at the hands of a false accuser. That’s what good reputations will do for the predator.  Which of course allows them to continue their clandestine behavior while continuing to behave in an exemplary manner in public.

But at least in this case, justice seems to have prevailed so far. Victims of this guy have come forward and the rabbis believed them. A letter was published by the special Beis Din in Chicago created for exactly this purpose. Here it is their statement in its entirety:  

The Special Beis Din of Chicago has convened to address allegations of improper conduct, including unwanted physical contact of a sexual nature, between Elimelech Meisels and students of the following seminaries with which he is affiliated: Pnimim, Binas Beis Yaakov, Chedvas Beis Yaakov, and Keser Chaya.

Based on the testimony and documents received by the Beis Din, including testimony by the claimants and by Elimelech Meiels, the Beis Din believes that students in these seminaries are at risk of harm and it does not recommend that prospective students attend these seminaries at this time.

Because these seminaries and Mr. Meisels are located in Israel and not in the United States, a distinguished Israeli Beis Din consisting of Rabbis Menachem Mendel Shafran, Chaim Malinowitz, and Tzvi Gartner has assumed for this matter.

Rabbi Gedalia Dov Schwartz
Rabbi Shmuel Fuerst
Rabbi Zev Cohen 

There are many people who have suggested that this letter is fake and the signatures are a forgery. I personally spoke to Rabbi Fuerst, one of the signatories. He told me it is real and that he signed it as did the others.

For those who don’t know, Rabbi Shmuel Fuerst is the Dayan for Agudath Israel of Illinois. A Posek that was mentored by Rav Moshe Feinstein, he is the ‘go to’ Rav for many people in here in Chicago (and beyond) for just about any Shaila in Halacha one might have. He is also the Posek for NCSY Midwest.

Rabbi Gedalia Schwartz is the Av Bet Din (chief judge) of the Rabbinical Council of America (Bet Din of America) and Rosh Bet Din (Emeritus chief judge) of the Chicago Rabbinical Council Bet Din.

Rabbi  Zev Cohen is the Rav of Congregation Adas Yeshurun, a Dayan, Rosh Kollel of the Choshen Mishpat Kollel  and one of the most trusted rabbis in Chicago.

These three people do not usually cross paths. But they have come together here as one to warn the community about this guy. They do not even refer to him as rabbi, refusing to give him the title he earned (and now dishonored). Which is pretty amazing since Rabbi Fuerst’s mentor, Rav Moshe Feinstein used the title ‘rabbi’ in his Teshuvos when referring to Reform rabbis. Imagine how undeserving this fellow is of that title.

On his blog, Yerachmiel said that people close to that Beis Din told him that among his pickup lines were “my wife is boring….”. Imagine your daughter hearing things like that from her charismatic seminary head. I’m told that many seminary girls will develop a crush on their seminary heads.  That makes it easy for a dirtbag like Meisels to take advantage of them.

Yerachmiel was also told that the abuse involved many young women and was severe.

While this situation may or may not involved abuse of minors, there is no question in my mind that it involves some form of molestation or worse. If the students he abused were minors (usually defined in this country as under 18 if I understand correctly), he could be prosecuted for statutory rape if he had sex with any of them. I have no clue what the laws of the State of Israel are with respect to that. But my hope is that the distinguished rabbis in Israel who have accepted the task pursue that avenue if it is available to them.

The bottom line here is the following. If you have a daughter that will be studying in a seminary in Israel, stay far away from this man and any seminary with which he is connected.

Update
Elimelech Meisels has been removed as head of the above mentioned seminaries. For details, see here.

The Courage of their Convictions

Letter by American rabbis endorsing controversial seminaries

I cannot think of two more establishment Rabbis in the Charedi world than Rabbis Shmuel Fuerst and Zev Cohen. Both of them are steeped in the culture of Daas Torah. This means that when their Gedolim speak, they listen. At least that’s what I thought it meant.

This does not mean to say that they can’t disagree… or think for themselves. But what it does mean is that when their Gedolim make a statement, they will not publicly contradict them. One need only listen to every single Agudah banquet where at least one speaker will talk about how Charedim are defined through their fealty to Daas Torah as espoused by the Agudah Moetzes. 

The passage in the Torah that Charedim use to justify this attitude is taken from this week’s Torah portion (Devorim 17:11): Lo Sasur Min HaDavar Asher Yagidu Lecha Yemin U’Smol. (That which you are taught according to the Torah - you shall do.) Do not veer away from what you are told – to the right or to the left.

Lo Sasur is what gave Chazal their biblical authority to create D’Rabbanans - Halacha beyond that which the Torah mandates.  Many of these D’Rabbonons were established by the Sanhedrin HaGadol - the ‘great court’ that was extant during the 2^nd Temple era. The 70 Members of this great court were called the Anshe Kenesses HaGedolah – the men of the great assembly.

Charedim apply Lo Sasur to our own day as well. They tell us that current Gedolim are to be treated with the same degree of authority.  Lo Sasur means that you heed rabbinic authority to such an extent, that (as Rashi says) even if they tell you right is left and left is right, you must nonetheless obey them. Rabbis Fuerst and Cohen are strong proponents of this interpretation of Daas Torah. These same two rabbis made up 2 of the 3 Dayanim (Judges) of the Chicago Beis Din that adjudicated the Meisels seminaries case. The 3^rd Dayan was the highly esteemed (in all circles including Charedi ones)  R’ Gedalia Dov Schwartz.

Which is why I was astonished yesterday by a letter signed by several Rabbis that make up part of the Agudah Moetzes. It was published on Rabbi Eidenshon’s blog. In essence these distinguished Rabbonim gave their full endorsement to the seminaries that were headed by Elimelech Meisels. 

Recall that Meisels was accused of sexually abusing some of his seminary students. The Chicago Beis Din (CBD) had publicly discouraged parents from sending their daughters there – even after Meisels had transferred ownership. They (rightfully in my view) held that the seminaries were still not considered safe since there were teachers still there who knew about the abuse (via students who confided in them at the time) and did nothing – thus enabling Meisels to continue his abuse.

Originally after they made their warning to parents - the CBD deferred further action to an Israeli Beis Din (IBD) that consisted of distinguished rabbinic jurists of their own. After they quickly got rid of Meisels, they immediately restored the reputation of those seminaries. They further forbade any other seminary from accepting students that were already registered there. Letters were then sent out by at least one of those schools touting their renewed approval by the IBD.  But the CBD stood their ground.

It appears that the CBD is still doing so despite the new letter by the esteemed cosigners of the new letter that have also endorsed the schools as safe and wonderful environments for growth in Torah and Yahadus. Apparently Yerachmiel Lopin has verified that this is indeed the case. The CBD is standing its ground. From Yerachmiel’s blog: 

I have received reports from people who have spoken to the members of the CBD. All of them are staying the course, advising against attending until they are convinced that all staff guilty of enabling Meisels are removed. Touro and HTC will abide by the rulings of the CBD. Naturally the CBD is unhappy about the letter by the roshei yeshiva, but they are staying the course. 

For Rabbis Fuerst and Cohen to stand their ground here takes a lot of courage.  I give them tremendous credit for that. They apparently feel that the issue will not be entirely resolved until the enabling teachers are dealt with. I agree with them.

Here is how I feel about it. I have no clue if these seminaries are safe, despite assurances by distinguished American rabbis that they are.  They base these assurances on the prestige and reputation of prominent rabbis in Israel that will be monitoring those schools. But if I were a parent considering sending my daughter to a seminary in Israel, I would never send my daughter to any of these seminaries.

I wouldn’t touch them with a ten foot pole. I don’t care how many assurances are given – or by whom. As long as there are people teaching there that put their own welfare and that of the school ahead of their students, those schools are Tameh – spiritually impure! Enablers must be expunged.  

Furthermore, if I were one of those parents suing those schools in a class action suit in order to get my deposit back, I would continue doing so with all my might. Because even if those schools were now the safest schools in Israel, they have no right to keep those deposits under these circumstances. It isn’t as though they changed their minds on a whim. May God help these parents prevail in court.

Changing the Culture of Silence

Dayan of Agudath Israel of Illinois, Rabbi Shmuel Fuerst

It’s about time. But better late than never. The Jewish Press and the Jerusalem Post reported yesterday that over 100 prominent rabbis have signed a document urging people to report to the police all suspicions of child abuse. There is not a word in that document about going to the rabbis first.

This is very significant since the Dayan of Agudath Israel of Illinois, Rabbi Shmuel Fuerst was heavily involved in putting this document together. Rabbi Fuerst’s views are highly respected because Rav Moshe Feinstein personally mentored him and gave him Semicha (his rabbinic ordination). 

I don’t think I can overstate the significance of this document. It is a Kol Koreh. Which is how Charedi rabbinic leaders have always informed the public about their public policy statements on issues affecting the Jewish community.

Unfortunately in our day, this means of communication has been severely abused by unscrupulous people pushing their own agenda, often listing signatures of prominent rabbis that never agreed to sign their document. But this is clearly not the case here. It took a lot of courage to put out a document like this and a lot of effort to get the signatures of these  prominent rabbis.

This document is in stark contrast to previous Agudah Moetzes statements. They urged first reporting suspicions of sex abuse to rabbis to see if those suspicions were credible. That meant that personal bias was involved – even if unintentional. When prominent and respected individuals are accused of sex abuse, the common reaction to it is disbelief. Rabbis are human. If they have a relationship with someone they know to be an exemplary member of his community, they are naturally reluctant to report them to the police. Thus allowing the abuse to continue to the same or other victims. 

Not to mention the devastating affect disbelief has on a victim. Or the collateral damage to members of his family. One need not look any further than what happened to a prominent Magid Shiur (Torah lecturer) in Lakewood not long ago. When he reported the abandonment of a treatment program by his son’s abuser (his day school Rebbe) - he was vilified as a Moser (informing against a Jew); accused of molesting his own son - blaming it on someone else; and eventually hounded out of town.

That seems to have changed now. At least according to the signatories on this document.

Rabbi Yosef Gavriel Bechoffer, one of those signatories, made a very strong comment about this with which I completely agree. From the Jewish Press: 

The document is a great start,” said another one of the signers, Rabbi Yosef Gavriel Bechhofer, a distinguished author and maggid shiur at Yeshivas Ohr Somayach, Monsey. “Rabbis whose signatures are absent can be asked by their constituencies why they are not signed on it, and thus be led to join in. 

Indeed. As far as I can tell, no where to be found on this document are any of the Agudah Moetzes members. I may be wrong but I find it hard to believe that a respected Dayan of Agudah did not approach them. If he did, why are their signatures not on this document?  Do they still maintain that rabbis must be first consulted before going to the police? If so, what happened to Daas Torah? Are these Charedi rabbis rebelling?

I am glad to see this turn of events. Sex abuse has long been the stepchild of issues confronting Orthodox Jewry. Everybody admits that it goes on. But most people prefer to ignore it. They don’t want to get involved. But the Torah is very clear about this. Which this document points out: Lo Samod Al Dam Reyecha. Do not stand idly by on your friend’s blood.  People that have suffered sex abuse never get over it. It stays with them forever. Some can function well in life despite that. But many don’t.

Those who don't can suffer from depression, guilt, and shame. They may turn to drugs and alcohol. The tendency for families to hide these things because of Shidduch issues for their other children can hurt a victim insurmountably. The attempted suicide rate among abuse victims is very high. Sometimes they are successful - adding tragedy upon tragedy. So standing idly by is not an option.

Rabbi Fuesrt knows this. It is actually mentioned in the Kol Koreh itself.  I’m sure that is what motivated this good man to act. I hope that the Agudah Moetzes will reverse course and do the same thing. Let the members of the Moetzes sign on to this document without any reservations or caveats about going to rabbis first. If that happens the culture of silence might just change in the direction of justice.

A Night to Remember

Last night I attended a very unique event. It was a Chag HaSemicha for Dayanin. I’m not sure how many ‘graduation exercises’ there are like this anywhere in the entire world. Perhaps there are some. But I am relatively certain that this is a first for Chicago. Eight members of the Chicago Choshen Mishpat Institute (Machon L'Choshen Mishpat ) received the advanced rabbinic degree of Yadin Yadin. They have become expert in that segment of the Shulchan Aruch that deals with monetary matters. These rabbis are now qualified to serve as Dayanim, judges in a Beis Din – a Jewish court of law.

One of the things that made this particular event memorable for me is that it was a model of Achdus.

The master of ceremonies was Eric (Ricky) Rothner a modern Orthodox Jew and a very successful businessman who is one of the primary forces behind Chicago’s Yeshiva University Kollel. He is also the primary benefactor of this institution. The speakers included Rav Gedalia Schwartz, Av Beis Din of the Bes Din of America (RCA) and the Chicago Rabbinical Council Beis Din - and Rav Avraham Chaim Levin, Rosh HaYeshiva of Telshe-Chicago and member of Agudah’s Moetzes Gedolei HaTorah.

Rav Schwartz spoke first dealing with the concept of Shimush. A Posek needs no less training for his field than a doctor who becomes a specialist in his field. Just like any great specialist will study under the ‘greats’ in his field, so too must a Posek study under the greats in his field. When someone ‘graduates’ with Semicha, he is not really ready to Paskin difficult Shailos. He has studied the theory, but has not been out in the field.

He needs to learn practical applications of what he learned under the guidance of an experienced Posek in order to do it properly. Much like a doctor who graduates medical school. At that moment he becomes a legitimate doctor. But that is only the beginning. He then becomes an intern. And he begins to learn the practical applications of his craft for 3 or more grueling years. He will not do – say a heart transplant without studying long and hard under the guidance of an experienced heart surgeon. This is the idea of Shimush. It is a recognized and vital aspect of preparation for one’s job whether it is medicine or Psak Halacha.

Rabbi Levin spoke next. He not only spoke reverently about Rav Schwartz but publicly recognized his great status as a Dayan - an area that Rav Levin conceded he has little or no expertise in. Think about it. A member of the Moetzes of Agudah recognizing the Av Beis Din of the RCA as greater than he in Psak Halacha. I don’t know how many in the overflow audience noticed it. But it struck me as a huge Achdus moment. Rav Levin proved once again that he is a man of both great integrity and humility.

Rav Chaim Cohen who is the Rosh Machon L'Choshen Mishpat then spoke followed by Rabbi Michel Twersky of Milwaukee whose son Rabbi Ephriam Twersky was there as a graduate. Among the other Musmachim were Rabbi Zev Cohen, founder of this institution and Rabbi Ahron Yosef Fuerst, son of Rabbi Shmuel Fuerst Dayan of Agudath Israel of the Midwest.

And then a very emotional Rabbi Zev Cohen spoke about this achievement. Afterwords Rabbi Cohen’s father in law, Rabbi Pinchas Stolper handed out the diplomas.

Everyone there was together – both on the dais and in the audience. Individuals from disparate Orthodox groups that are often in competition with one another were there participating as one – together for the same purpose; showing respect and acceptance for one another.

The last time I remember this kind if Achdus was when 8 students of Merkaz HaRav were brutally murdered by a Muslim terrorist. How sad I thought at the time that it took the mass murder of Yeshiva students to have that kind of Achdus. But this time, there was no murder. There was instead an event that celebrated learning and knowledge of Torah law. All politics were put aside. I couldn’t help feeling good about that. Ken Yirbu.

The Musmachim were (in no particular order) :

Rabbi Zev Cohen
Rabbi Ephraim Friedman
Rabbi Tzvi Finer
Rabbi Gershon Schaffel
Rabbi Yerachmiel Pickholz
Rabbi Efraim Twerski
Rabbi Aharon Yosef Fuerst
Rabbi Shlomo Tennenbaum

Patrilineal Descent and Conversion

A few years ago I was at an event held by a Kiruv organization that tackled the problem of who is considered a Jew in Halacha. It came up because of the nature of Kiruv. Often people to whom outreach is directed are products of mixed marriages or non Halachic conversions. When it is the mother who is the non Jew, the children are considered non Jews. So what happens when such people who believe they are Jewish become involved in such programs? They find out they are not Jewish. Do we continue the Kiruv process? Or do we tell them to go have a cheeseburger at McDonald’s and have a nice life?

The clear Psak from Rav Moshe Feintein is that we retain them until they are ready to convert and then convert them. This is what Rabbi Shmuel Fuerst, a Talmid Muvahak of Rav Moshe just told me moments ago. The reason Rav Moshe Paskin’s this way is because since these kids consider themselves Jewish anyway, if we don’t convert them, they will end up themselves participating in an intermarriage since they, who are in actuality non Jews, will be seeking Jews to marry. Rabbi Fuerst further told me that many of the finest people we have in the Torah world today have had such conversions and many are actually even learning full time in Kollelim. And this kind of things happens often. He is involved with such a conversion right at this moment.

In light of that I was shocked by what I received via an e-mail this morning.

Rabbi Daniel Eidensohn of Yad Yisroel and Yad Moshe fame sent me a Psak from Rav Moshe Sternbuch. He is a major Posek and one of the leaders of the Edah HaCharedis in Israel. The psak was generated by question asked of him by Rabbi Eidenshon. In light of Rav Moshe’s clear Psak, Rav Sternbuch’s attitude is quite surprising, especially in his attitude about rabbis who seem to follow Rav Moshe’s ruling.

Here in Rabbi Eidensohn’s own words is what happened:

A number of months ago, I had been asked to host a young man for Shabbos by a kiruv organization. During the Shabbos meal he expressed great interest in everything Jewish. When I asked him about his background, he mentioned that even though he had been raised as a non-Jew by his non-Jewish mother - but since his father was Jewish he knew he was Jewish.

I was shocked by the revelation but said nothing to the young man. After Shabbos I asked the director of the program why he had sent me a non-Jew for Shabbos? He replied that he had received a halachic ruling from an American rav who allowed participation of a non-Jew – who viewed himself as Jewish. This was so even though the program had a mixture of boys and girls and there was a danger of intermarriage of the participants.

I have since found out that this is not an isolated incident but in fact reflects the decision by certain individuals in kiruv to proselytize those who have a Jewish father. I mentioned this information to Rav Moshe Sternbuch. After gathering information from other sources, he wrote the following psak which he requested me to translate and disseminate.

Here now, in English translation is the Psak by Rabbi Sternbuch:

You ask what are the guidelines for kiruv programs - that encourage Jews to fully observe the Torah - which take place in religious schools or organized events. In particular should a person who is not halachically Jewish – because his mother is not Jewish but his father is - be encouraged or even allowed to participate?

I have heard that there are rabbis who not only permit it but even encourage it, They assert that especially those people who already view themselves as Jewish – even though they are mistaken - should be encouraged to participate because they might eventually convert.

My view is that it is absolutely forbidden to try to proselytize a non-Jew even if he mistakenly views himself as Jewish. One obvious reason is that such an approach actually encourages intermarriage. If people with only a Jewish father are encouraged to participate in Jewish educational events it will convey the message that in some sense they are actually Jewish. That is because it is commonly accepted that only Jews are allowed to participate in these events.

Thus this innovation crosses the red lines that have always been accepted by Torah true Jews. Typically the intermarried couple does not realize that they are constantly transgressing prohibitions which carry the punishment of kares [Rambam Hilchos Issurei Bi’ah 12:6]. But at least they need to be aware that intermarriage cuts them off completely from the Jewish people. If we allow and even encourage their non-Jewish offspring to participate in Jewish educational events, they will feel that they still have an intimate connection to the Jewish people – G-d forbid!

Another basis of concern is that I see this as a violation of following non-Jewish practices (chukas akum). These rabbis are showing mercy to the Jewish father by a de-facto acknowledgment of the non-Jewish concept of patrilineal descent. According to the unanimously held Torah view - any person with a non-Jewish mother is completely
non-Jewish. Also the gratuitous granting of Jewish status and benefits to this non-Jewish child violates the Torah prohibition of Lo Techanem.

These rabbis also try to justify their innovation by claiming that it is a solution to the massive problem resulting from the intermarriage of Russian Jews. They assert that one should encourage the conversion of the child of a non-Jewish mother because the Russian Jews intermarried because of the unfortunate circumstances under the Communists. Therefore they are to be regarded as innocent children who grew up in captivity (tinok shenishba). They feel it is appropriate to show special mercy on these unfortunate people.

I agree that they should be shown special sensitivity and leniencies. However this is only when they have at least distanced themselves from their intermarried parents or have already indicated an interest in genuine conversion. However if the parents insist on continuing their intermarriage, there is no halachic basis to be sorry for them. The child in that case is a non-Jew and will remain as such.

Concerning the specific case that you mentioned of a student whose father is Jewish but the mother is a non-Jew. One of the kiruv programs wants to include him – even though he still lives with his parents. You mentioned that a number of American rabbis have given halachic rulings that his participation in the program should be encouraged because he might convert. Do not associate yourself with their programs. You will receive much greater reward by disassociating from them than the possible benefit that might result.

I am being deliberately brief in my comments here - even though there is clearly much more to mention. That is because the plague of intermarriage has already spread here to the Holy Land – the palace of the King. The Holy One Blessed be He should help us and quickly bring into actuality our Redemption. Eliyahu should come and purify our camp so that we are fit to receive the countenance of our righteous Moshiach.

The Eternal Jewish Family

There has been a proclamation issued by the Edah Hacharedis which its authors wish to disseminate and which has been made available to the public by Rabbi Daniel Eidensohn. It basically condemns a new organization that deals with Halachic conversions called The Eternal Jewish Family (EJF). The proclamation has already appeared on many blogs including Hirhurim (scroll down to Saturday night’s post to see it).

Most Orthodox Jews know by now that ‘Halachic conversions’ is one of the hottest topics being debated in the Torah world. That is because it is fraught with so many problems.

The concern most strongly driving the controversy is the massive number of Jews from the former Soviet Union who have immigrated to Israel. Many of them are intermarried. If the non Jewish spouse is a woman, their children are not considered in any way halachicly Jewish. That has resulted in tons of non Jews who think they are Jews living in Israel.

To a smaller extent this is true in the US too. Non Halachic conversions performed by Reform and Conservative rabbis leave non Jews believing they are Jews. And so too their children.

Additionally there have been many conversions done even by Orthodox rabbis that have come into question. The Rabbanut Beis Din in Jerusalem, now controlled by Charedi Rabbis has recently created quite a storm by no longer automatically accepting conversions done by rabbis belonging to the Rabbinical Council of America ( RCA).

The primary concern about some of the RCA conversions is a laxity on the key conversion requirement for the convert to sincerely promise they will observe Mitzvos. EJF was created in part to rectify this by standardizing all Orthodox conversions and requiring a no nonsense acceptance of doing Mitzvos. This was the brainchild of Rabbi Leib Tropper, of Yeshivas Kol Torah in Monsey, a Baal Teshuva Yeshiva.

Rabbi Tropper has managed to gain the participation of many rabbinic leaders of all types including leaders like Rav Elyashiv (by proxy of his representative Rabbi Nachum Eisenstein), Rabbi Dovid Feinstein and Rabbi Hershel Shachter, That is how important this issue is viewed and how accepted EJF has become as the vehicle to get this accomplished.

But... Rabbi Tropper also has as a goal of actively seeking out children of non Jewish mothers and placing them in religious Jewish schools with the hope that they will eventually convert. This is not a proper Halachic approach. Rabbi Moshe Sternbuch had written a Teshuva about it a while back. That Teshuva generated some controversy here because it seemed in opposition to a practice employed by NCSY under the authority of Agudah Dayan, Rabbi Shmuel Fuerst.

NCSY by its nature will very often have teens participate who are not Halachicly Jewish... but think that they are. Their mothers were converted non-Halachicly by rabbis of non Halachic streams of Judaism.

Rabbi Fuerst based on what he had clearly been told by his Rebbe Rav Moshe Feinstein, has Paskined that NCSY can actively encourage these children to continue participating in NCSY and to seek a proper conversion. Rav Moshe held that by not encouraging these youngsters to convert they would none the less continue believing they were Jewish and seek to marry other Jews That would actually increase inter-marriage in Klal Yisroel.

It is not clear whether Rabbi Sternbuch disagrees with this policy.

In any case, Rabbi Sternbuch has gotten the Edah HaCharedis rabbis on board with his Psak and has come out with a proclamation de-legitimizing EJF.

This is the germane paragraph:

Because of the dire consequences of intermarriage, there was a strong barrier that prevented many from intermarrying. However now that the consequence of exclusion from the Jewish people has been removed - this motivation not to intermarry has been lost. Consequently these intermarried couples and their children remain amongst the Jewish people. This results in their non-Jewish children being accepted into religious schools out of the hope that they will eventually convert.

It should be stated that in his original Psak, Rabbi Sternbuch does permit converting children of an intermarriage when they come to us of their own volition.

It seems from this proclamation which is basically a re-statement of Rabbi Sternbuch’s earlier Psak, that the reason for not allowing seeking converts from intermarried couples is that it is deterrent to intermarriage. The question remains about whether he would apply it to NCSY. Would he use the same rationale of deterrence to simply reject those NCSYers who are products of an intermarriage? Or would he consider them as coming of their own volition? That is unclear and the controversy remains.

There is another issue here. It is very surprising that Rav Sternbuch would urge rabbis not to participate in this event considering that a man he venerates, Rav Elyashiv is participating. Can it be that he sees Rabbi Eisenstein as an invalid representative of Rav Elyashiv? Or is he disagreeing with Rav Elyashiv on this matter? Or is Rav Elyashiv unaware of this component? If so, why is that? Do they not speak to each other?

In my view the controversy created by EJF is so great that de-legitimizing it is a good thing. The controversy was created by Rabbi Eisenstien. He wanted only ‘believers’ to qualify as a Dayan... a judge on the new conversion Beis Din. The conversion court system that would result after the process of conversion be standardized. It would require that rabbis not have heretical beliefs. Rabbi Eisenstein wanted to make clear that believers in an ancient universe disqualify them from serving on a conversion Beis Din.

Some people actually claim that Rabbi Eisenstein said they are actual heretics if they believe this. That isn’t clear. What is clear is that he is constantly doing things to alienate Jews he doesn’t agree with. And using an EJF platform where many rabbibnic leaders were in attendance gave him a broad pulpit to do so. And since he is Rav Elyashiv’s representative. It was a bully pulpit.

It is ironic that the Edah has condemned EJF. They probably agree with Rabbi Eisenstein’s views about the ‘hersey’ of an ancient universe. But whatever the reason, I’m glad they did it. If what comes out of such an organization can so contribute to the divide in Klal Yisroel it deserves to go into the ash bin of history.

Mrs. Miriam Shear Responds

Guest Post

Yesterday I wrote a post based on an article in the Village Voice which in part involved the Rubashkin family and their intimidating tactics toward Mrs. Miriam Shear and her husband. I made reference to the fact the Mrs. Shear had her share of intimidation in the past via a severe beating on a Jerusalem bus at the hands of some Charedi thugs in Jerusalem.

There were some who questioned whether the Miriam Shear in the Village Voice article was the same Miriam Shear who was so brutally beaten on that Jerusalem bus. I spoke to Mrs. Shear today and she confirmed that she is indeed one and the same person. She has also provided the following which is a clarification of her views. What follows are her unedited words in their entirety:

Let me, please, for the sake of keeping facts straight, address some of the questions raised in the comments section on your article, “The Rubashkins – Jekyll and Hyde”:

1. It is true that my husband and I did receive a settlement from the following entities. They are: Superior Meat (Shloimie Luss), Agri's largest distributor; One Stop Kosher (Shlomo Goldman), a grocery store that leases floor and counter space to Superior Meats; Morris Poultry (Leslie Kleiman), an Empire Chicken distributor and also general distributor of other products; the Vaad HaRabbonim of Detroit; Rabbi Shmuel Irons, the Rosh Kollel; Rabbi Yoel Sperka, a shul rabbi who sat on the "beit din" of 2 - there was no 3rd rabbi as required by halacha; and Rabbi Shmuel Fuerst, who was appointed - without our knowledge or permission - by the other 2 named rabbis; whose name was rubber stamped on a psak even though R. Fuerst never met or spoke with my husband and I ever in his life. The settlement was for anti-trust allegations in the amount of $160,000 - a small sum relative to our losses.

2. The Village Voice article states that my husband and I were major philanthropists. I guess that's a relative matter of definition but I wouldn't describe ourselves that way. Yes, we did give what would be considered, in most circles, lots of tzedeka, and yes, it would have been somewhere in the 6 figures. I honestly do not know what the numbers are as this goes back a few years ago and I was not the primary person in our family disbursing funds to kollels, yeshivas, individuals, etc. If we had it, we distributed it. Unfortunately, due to criminal anti-trust activities by Agri and others, we no longer have it.

3. The Village Voice article states that "hundreds of people" were recipients of our Memphis free kosher food bank. Memphis only has approximately 10,000 Jews. The families that were recipients of free food were approximately 10 - 15. Others got discounted food, some got at cost, and some paid full asking price. Nobody that expressed a need was ever turned away. Need was determined by their own statements or referrals from rabbis and social workers or what we perceived. No documentation was required.

4. After Kosher Case Club was put out of business, we moved to Toronto. I am not Canadian - only Israeli and America. My husband is the Canadian (and Israeli and American).

5. After 2 years in Canada, we moved to Israel this past July 8th and live in the Judean Desert mountains. (It’s a better view than Sholom Rubashkin has right now in his Dubuque County Jail cell.)

6. While the Village Voice article focuses primarily on Agri, there were other distributors who conspired to put KCC out of business, all encouraged by the Rubashkins and/or its affiliates. We had excellent relationships with these distributors prior to Heshy and Sholom Rubashkin's meddling. Some of these distributors very much wanted to continue supplying us but made it clear it was "other pressures". Some were specific - others were not.

7. We received a legal opinion from anti-trust attorney Irwin Alterman who said that the actions of Agri and others violated both federal and state criminal and civil anti-trust laws. This legal opinion was supplied to the Vaad HaRabbanim of Detroit and sent to some of the vendors who were pressured to suspend shipments.

8. The criminal anti-trust antics of Agri and others were so serious, hostile and rampant that we received a signed, sealed, and written psak from a major Rav allowing us to provide information to both federal and state authorities on both criminal and civil actions by Agri and others if we did not receive a settlement to compensate us in full for our losses by July 2006.

9. We have made several attempts to negotiate a settlement with Agri. Our request is reasonable and only requests compensation for the actual dollar amount lost. Our legal counsel contacted Agri’s criminal anti-trust attorney, Mr. David Rosenfield 212-592-1513 in writing demanding reimbursement for our losses. Other affiliated parties made attempts to contact the Rubashkins directly – all to no avail.

10. There are other kosher food suppliers/distributors who, under pressure from Agri and others, suspended shipments to KCC or refused to accept our orders – even those paid with cash up front. Several of them succumbed to this pressure reluctantly and with remorse; others simply went along.

11. I was contacted by Federal authorities from the Federal Food Stamp Program in 2006. I was informed that the actions of Agri and others was not only criminal anti-trust, it was also a violation of the Food Stamp Act, several regulations of the Dept of Agriculture that prohibits interference and access to food products; that these actions are RICO violations; and that such actions are criminal felonies punishable by up to 25 years in a Federal prison and/or a $250,000 fine.

12. Two weeks ago I contacted Gary Torgow of Detroit and informed him that I will be soon be contacting the Federal government concerning the criminal anti-trust activities of Agri and other kosher food vendors. How this will impact the parties to the Mutual Release Agreement is anyone’s guess. What is clear, however, is that when one entity enters an area of criminal activity and engages with others to join them in these illicit endeavors, the ramifications and ripple effect can be far-reaching to those who willingly or unwillingly participated – regardless of their role, title (i.e., rabbi), etc.

13. Neither KCC or my husband and I filed bankruptcy upon KCC’s demise. We still carry the heavy burden of debt from KCC. Vendors who acted in compliance with the law and continued to supply us are still owed money – some of which we are personally signed on. We have stayed in contact with these vendors and apprise them of developments as they occur. All vendors will be paid 100% of debt owing as soon as funds become available. Some vendors have been paid in full, others only partially. These law-abiding vendors are also victims of the criminal anti-trust activities.

14. The Mutual Release Agreement prohibits me from making any disparaging comments concerning the parties to the agreement. Therefore, I cannot respond in full – and sometimes not at all – to certain inquiries. However, there are other fully informed sources who can provide further information. The MRA does not prohibit me from acknowledging that an agreement was executed or what was the amount of the settlement on anti-trust charges. Copies of the MRA are available in PDF format upon request.

15. Neither my husband nor I have ever been convicted of any crime - misdemeanor or felony. In fact, I personally received a clean enough security clearance to 1) Teach at the Detroit Police Academy, 2) Teach electronic security at Oakland County Community College and Macomb County Community College, 3) Was the first female Chair of the American Society of Industrial Security - Detroit Chapter, 4) Was licensed as a burglar and fire alarm contractor in the State of Michigan, 5) Accepted as a participant in Counter-Terrorism Programs administered by the Israeli government, receiving certifications in several areas.

16. For further discussion or comments, please feel free to call me on my Voip line 216-502-2325 (don’t wake me up, please!) or email to: imahawk@aol.com.

A Charedi Treasure and Pictures of Women

Women who participated in the CCF's  'Step Up'

What if I could show that the Posek HaDor of the 20^th century approved of publishing pictures of women? There is of course no way to ask Rav Moshe Feinstein directly this question. He passed away at age 91 in 1986.

R’ Moshe was considered by the vast majority of the Yeshiva world to be the Posek HaDor. It was Rav Aharon Kotler that was in large part responsible for getting the world to see him that way. Rav Aharon Kotler founded Lakewood Yeshiva (BMG) and was considered the Gadol HaDor by the entire Yeshiva world. When he spoke, people listened. Even other Gedolim. 

That was made famously clear when 2 such Gedolim, Reb Shraga Feivel Mendlowitz and Rav Yitzchok Hutner wanted to open up a college as part of Yeshivas Rebbenu Chaim Berlin. They went to a lot of trouble to do that and even received accreditation from the New York Board of Regents. Rav Aharon said ‘No!’ ...and that was the end of it. This is how powerful his influence was as the undisputed Gadol HaDor of the Lithuanian type Yeshiva world.

So that when R’ Aharon Kotler told people that asked him Shailos in Halacha – to seek answers instead from R’ Moshe – R’ Moshe became the Posek HaDor. Of course it should also be mentioned that the reason R’ Aharon gave R’ Moshe that status was because of his broad and deep knowledge of Talmud and Halacha – which is very evident in his multi volume magnum opus, Igros Moshe. 

But I digress. My point is to show just how important his word was with respect to Halacha and Hashkafa in the non Chasidic Yeshiva world in America.

Back to my  question. What would Rav Moshe have said about publishing pictures of women? The best way to know the answer posthumously is to ask his close Talmid, Rav Shmuel Fuerst who did Shimush with him. But we don’t even have to do that. We can see what the organization he founded – and the organization he Paskins for – does. The Chicago Chesed Fund (CCF) recently circulated a brochure that features several pictures of women.  Like the one in the above illustration taken from that brochure. (also available at their wesbsite - a must visit!)

Lest anyone think that this was done without his approval, let me disabuse you of that notion. The CCF does not move an inch without asking Rabbi Fuerst first. If those pictures are in there, it means that based on what R’ Moshe’s close Talmid said, it was not only appropriate but laudable to do so.

These were pictures of women who volunteered in one of the many projects that the CCF is involved in. In this instance it was  a event called ‘Step Up’. On Mother’s Day all the women who volunteered trekked up the 55 flights of the North Harbor Tower to raise funds for infertility treatment. 

This is but one of many projects this fine organization is involved with. It is housed primarily in a huge warehouse – where its ‘shopping’ section includes donated shoes and clothing (either new or gently used – like new) of all type for men, women, and children. 

They are neatly arranged on racks or shelves - much the same way they would be in a department store like Marshall’s or TJ Maxx.  But it isn’t only clothing. It is food and furniture of all types. It is also money. If you need it, they give it to you based on your needs. 

This is not only for the poor. It is also for the underpaid with large families. When shopping there, you are treated no differently than any shopper at Marshall’s would be. And yet, to avoid embarrassment, no 2 people ever shop there at the same time. Shoppers can go through the racks of clothing and shelves of food, or anything else they offer; take what they need and walk away without paying a penny! If money is an issue, once the truth of their situation is verified, they are given the funds they need. No questions asked.

One family I personally know that are homeowners but where the only income was from a father who lost his job, got all of their Pesach needs taken care of by the CCF. Which included hand Shmurah Matzah for the entire family of 12 children! And enough money to shop freely for his family’s Pesach needs. His Pesach was as elaborate as anyone else’s - thanks to the CCF’s generosity.

If a Bar Mitzvah boy needs a new suit and the family can’t afford it, they will buy it for him. I know at least one case like that where they were told of such a case and the Bar Mitzvah boy got a new suit - having had no clue where it came from. The CCF gave it to the family anonymously so that he would not feel like a charity case.

The CCF is staffed to a large extent by unpaid volunteers and a minimal paid staff. The Chicago Jewish community is well aware of what the CCF does and has been very generous in its donations, both financial and in providing products (like food, clothing, and furniture), and in the amount of time they give to it .

Except for their small overhead - their fundraising efforts go entirely to help those in need. Those availing themselves of their services are never made to feel like they are charity cases.

The CCF is also a uniting institution. Those that volunteer come from all manner of Hashkafa. From Chasidic - to Yeshivish - to Modern Orthodox. Often working together in common cause. The CCF is also uniting in the sense that they never turn down anyone in need regardless of their  Hashkafa. Nobody’s Tzitzis are checked!

I have really only scratched the surface of what this fine organization does.  But I wanted to publicize one of Chicago’s  real treasures.

I am proud of the entire Orthodox Jewish community in Chicago for their generosity in supporting the CCF, whether it is with money, product, or time. Thank you, CCF for all the good you have done, do, and will do in the future.

Better Late Than Never

Chaim Walder (Jerusalem Post)

Sometimes good things can result from bad things that came first. It appears that this is what happened here. The exposure of a Chaim Walder - a once beloved Charedi author of children’s books - as a decades long serial sex abuser may have actually changed the culture of how Charedi world now deals with accusations of sexual abuse. 

It has been a long time in coming. But the attitude seems to have changed from going to rabbinic authorities first to going directly to the police.

Back in 2015, a courageous group of 100 rabbis from around the world - many of them Charedi and led by Chicago’s Agudah Dayan, Rabbi Shmuel Fuerst, signed a Kol Korei – a public declaration espousing their views on this issue. Which in part said the following: 

…any individual with firsthand knowledge or reasonable basis to suspect child abuse has the religious obligation to promptly notify the secular law enforcement of that information.

Not that this should have surprised anyone. R’ Yosef Shalom Elyashiv, ZTL, who was considered the undisputed Gadol Hador by the Charedi world at the time made an almost identical statement.. 

But that didn’t much change the Charedi culture on this issue. The Agudah Moetzes declared that suspicions of abuse must first be brought to rabbis who would then decide whether they were credible enough to report. 

One may wonder how the Agudah Moetzes who are so fiercely dedicated to the best interests of the Jewish community could come out with a statement that seemed to contradict R’ Elyashiv?  That’s because they did not trust their public enough to know what is and isn't a credible accusation of abuse. They believed that innocent people would be accused by vindictive individuals with an agenda to destroy the reputation of a personal albeit innocent enemy. Once the police got involved, the accused’s reputation would be tainted for life even after they were cleared.

So with the best of intentions they decided that rabbis from their own community must be consulted to determine whether or not there was a ‘reasonable basis to suspect child abuse’. They did not trust secular authorities to be discreet whereas they would be.

That effectively nullified R’ Elyashiv’s directive. Or at best delayed action on suspected offenders allowing them to keep offending. And at worst it allowed rabbis not trained in these matters to make decisions about people they knew. Decisions that were  unwittingly biased because of the accused’s often pristine reputation. 

These rabbis thought they were protecting innocent people from false accusations while in truth they actually were bamboozled by them into believing their cries of innocence. Thus allowing predators to keep on doing it with impunity while being even more careful not to get caught.

But Rabbi Fuerst and the original group of 100 rabbis understood the pain of survivors, the urgency of protecting the public, and getting sexual predators off the streets. Correctly trusting the Charedi public to know what a reasonable basis to suspect child abuse - is.

And now this kind of thinking seems to have moved a lot more rabbis to sign on to that document.  And strange as it may seem, we can thank Chaim Walder for that. There had been credible accusations against him in the past. But his pristine reputation protected him. And to the best of my knowledge, the police were kept out of it. 

Few heard those accusations  or refused to believe them if they did. Threats from Walder himself toward his victims  helped him too. And enabled him to continue his abuse for a long time. Who knows how many additional victims could have been spared had those accusations been directly reported to the police?! They have been trained to know how to investigate those crimes without the impediment of the natural bias of rabbis that knew him. 

The lesson was apparently learned. As reported in the Jerusalem Post many additional Charedi rabbis have now seen the light; seen the wisdom of going directly to the police; and abandoned the policy of informing rabbis first:

New signatories of the kol koreh include Aish HaTorah, the UK Federation of Synagogues,  dayanim (religious court judges) and leaders of orthodox communities around the world, including Monsey, New York.

So thank you Chaim Walder for your posthumous albeit unintended service to the community you so egregiously violated throughout your life.  Maybe your special place in hell will not be as hot because of that. Although I doubt it.

Agunah - Dissension Among the Ranks

Tamar Epstein (Forward)

I never thought I would see the day when members of the Agudah Moetzes would have a public disagreement on a matter of such great Halachic magnitude. But that day has arrived.

Not that it hasn’t happened before.  Even going back to the days of the Mishnah, the Tannaim (great rabbis) of that era had debates of even greater magnitude. But in our day in Agudah circles it is rare if it happens at all. Even when there is dissension among Moetzes members, their rules require that the majority opinion be publicized as unanimous. I guess they feel that this gives their pronouncements more weight. And yet two of its members have diametrically opposite Halachic positions on a highly sensitive issue – albeit outside the walls of the Agudah.

The issue here is whether the concept of Kedushei Taus may be applied in the case of Tamar Epstein, a woman denied a Get by her ex husband (they are civilly divorced), Aharon Friedman.

R' Shmuel Kamentesky

A woman in this situation is called an Agunah – commonly referred to as a chained woman. Although technically it is not accurate to call her that since it applies to a woman who does not know whether or not her husband is alive, the result is the same. They cannot get married, since doing so would be Halachic adultery - the serious violation of a married woman having sexual relations with another man. And children of such a relationship would be considered Mamzerim – a category that prevents them from marrying someone that was born of a non adulterous relationship. Which is the vast majority of Jews.

I have written about this case in the past. Tamar Epstein is Orthodox. And because her husband refused to give her a Get, she could not get remarried. Her case was taken up by many Rabbis, including Rav Hershel Schachter. Friedman was banned by many Shuls in an attempt to persuade him to willingly give his wife a Get. Public rallies were held in support of Tamar. Even the secular media was enlisted in her campaign. But it was to no avail. He refused – making unreasonable demands in exchange for it. This has been going on for years.

R' Aharon Feldman

This is where Kedushei Taus comes in. Kedushei Taus is an annulment of a marriage that is deemed to have occurred under deceptive circumstances. The Gemarah explains that when a woman finds a serious flaw in her husband (which he hid from her) after they are married - a flaw so bad that she would have never married him had she known - it is considered as though the marriage never happened. And of course that makes her free to marry someone else.

This Halachic device was tried before by the well intentioned Rabbi Emanuel Rackman - to the complete rejection of virtually all Poskim. From right to left.  Including Rav Yoshe Ber Soloveitchik. Rabbi Rackman claimed that had a woman known her husband was abusive she would have never married him. But all Poskim agreed that this was not a flaw significant enough by Talmudic standards to be considered a Kedushei Taus. There have been similar attempts to utilize this type of Halachic device more recently which have been met with similar rejection. 

But in Tamar Epstein’s case something strange has happened. Kedushei Taus was utilized by several very prominent Charedi Poskim, one of them a member of the Moetzes. The flaw is mental illness. Which appears to have been firmly established in her ex husband’s case.

It appears that Rabbi Sholom Kamentetsky has Paskined that Tamar’s claim that her husband was mentally ill unbeknownst to her at the time of the marriage - was a valid one. Had she known, she would have never married him. R’ Sholom’s father, Agudah Moetzes member and ‘Philly’ Rosh HaYeshiva, Rav Shmuel Kamenetsky was on board with his decision. It has also been reported that Agudah Dayan Rav Shnmuel Fuerst is on board as well.

Last  September Rav Nota Greenblatt, a courageous Charedi Posek in Memphis, performed a marriage ceremony for Tamar and her new husband, Adam Fleischer.

The condemnations came fast and furiously. The use of Kedushei Taus in this case was deemed improper by a number of Poskim, including YU’s Rav Hershel Schachter, and Charedi Poskim like R’Moshe Sternbuch, and by fellow Moetzes member Ner Israel Rosh HaYeshiva, Rav Aharon Feldman. They proclaimed her still married to her first husband, that her new marriage to Adam Fleischer was an adulterous one, and that any children of this union would be Mamzerim.

I cannot conceive of too many situations in Klal Yisroel that are a bigger mess than this. Rabbis Kamenetsky, Greenblatt, and Fuerst are not some rogue rabbis out to undermine the system - or to use loopholes too freely. These are not rabbis that cater to the feminist spirit of the times. These are not rabbis that are moved to compromise Halacha because of their legitimate sympathy for the plight of the Agunah.

These are highly respected, knowledgeable Charedi Poskim. Serious rabbis that follow every jot and tittle in the Shulchan Aruch - the Code of Jewish Law. They Paskined here based on their solid analysis of Halachic sources on Kedushei Taus and found that this case allowed for its legitimate use. They should be respected for both their knowledge and their courage.

But that is not what’s happening. They are being besmirched and vilified on Rabbi Daniel Eidensohn’s blog. Which is outrageous and ought to be protested in the strongest possible terms. 

Clearly one may rely on Poskim such as those Tamar relied upon. She has done nothing wrong. But the fallout is still there. Because of the controversy, her children will be tainted with doubt. Even if they are allowed to marry fellow Jews and welcomed into any Jewish community - there will always be a question in the back of many minds about their status.

I am personally not qualified to judge here. Obviously my sympathies are with Tamar. My heart says she should be considered legally married to her new husband. And she certainly ought to be left alone. But my mind is in doubt. Was this a legitimate use of Kedushei Taus or not? I don’t really know. Because I respect the Poskim on both sides of this issue.

I don’t know how Tamar is taking all this controversy. But it can’t be easy – even if she is putting on a good face. My heart goes out to her.

Joining the Club

Co-signer of the document - Chabad leader in Chicago, Rabbi Baruch Hertz

‘We were living in the dark ages!’ That was Rabbi Shmuel Fuerst’s response to me when I told him how courageous he was as a co-signer (along with 100 other prominent Orthodox rabbis) of a document urging people to report suspicions of abuse directly to the police.

As reported by the Jerusalem Post, this was the sentiment expressed in  a new document issued by prominent rabbis of Chabad: 

“We recognize in light of past experiences that our communities could have responded in more responsible and sensitive ways to help victims and to hold perpetrators accountable,” 

The subject of sex abuse has long been one of the most discussed subjects on the internet. And for good reason. It is one of the most mishandled maladies of modern times. The Catholic Church was in the spotlight for many years because of their own mishandling sexual abuse committed by priests. 

Orthodox Judaism was not much better. Well intended rabbis had failed in their responsibility to victims (or survivors as they prefer to be called) ‘standing idly by while their brother’s blood was spilled’. 

It’s not that any of them were evil. God forbid. They were just misinformed and thought that they were being kind. They focused on the accused abusers believing accusations of abuse could not possibly be credible against upstanding members of their community. They instead often saw the victim as a liar out to ‘get’ someone that they didn’t like for one reason or another. 

Often the victim had lost his faith in Judaism because of the abuse they suffered. Thus complicating matters further. Rabbis saw an irreligious Jew accusing a religious Jew of the  worst kind of wrongdoing and simply did not believe them. It did not make any sense to them that an upstanding Jew would sexually abuse anyone. They were reluctant (to say the least) in granting any credibility to an OTD young person accusing someone like that of sexually abusing them.

That resulted in a secondary abuse. By rejecting the victims as liars they were in affect victimizing them a second time.

While this had disastrous consequences for the victims, they did not see it.That is because they were uneducated about the nature of sex abuse.

Fortunately, this is not longer the case. Many rabbinic leaders from across the spectrum of Orthodoxy have learned a bit about the nature of sex abuse and understand that one can be a prominent and contributing member of a community by ‘day’ and  sexual predator by ‘night’. That it is often the nature of predators to ingratiate themselves to the communities in which they live by living a seemingly pious life; providing lots of financial support to religious institutions; and doing many acts of Chesed. As one predator once admitted, he did that on purpose so that he would become immune to reports of abuse should one of his victims speak up. 

Many rabbis that used to act instinctively to protect the accused now know this and have changed course. And now prominent Chabad rabbis have joined them -  recognizing with regret their inappropriate reactions of the past.

It seems however that there are still pockets of the Orthodox establishment that have not signed on to this. If believe that communities like Satmar haven’t budged from their position of siding with the accused and vilifying the victim. This is aht happened in the Nechmeia Weberman case. He was convicted of sex abuse and sentenced to 150 years in prison. To the best of my knowledge  they continue to proclaim his innocence.

Many of Lakewood’s rabbinic leaders and Agudah have improved greatly in their attitude about sex abuse. But as far as I know, they still require reporting credible suspicions of abuse to rabbis before reporting them to police. I understand their reticence. They still fear that prominent people might be accused by disaffected youth with an anti Torah agenda. They want to be absolutely sure that that the accused will be protected from that. Accusations that – even when totally false can ruin a person’s reputation for life as well as that of his family. But the likelihood of an accusation being false is small compared to the likelihood of it being true. Furthermore as Chabad notes: 

“Regardless of the standing of the abuser, accusers and their family, members must be treated in an accepting, nonjudgmental manner so that they feel safe and can therefore speak frankly and fully,” said the Chabad statement. “This is necessary for them to receive suitable therapeutic support, and in order to facilitate proper investigation and pursuit of justice. Shunning or encouraging social ostracism of victims, their families, or reporters is strictly forbidden.” 

Adding to the concern for the victims is the undeniable fact that people who know and respect an accused abuser cannot possibly be objective, not matter how religious they are.  That’s because they are human and subject to human bias. I cannot imagine treating an allegation of abuse against a prominent Jew with a record of service to the community being put on equal footing with the victim’s denial of it. This is not to impugn the character of these rabbis. It is only to say that they are human.

The remaining reticent rabbis need to ‘leave it the authorities’ when someone is accused of sex abuse. The authorities are not evil people. They are trained to deal with sex abuse and to ferret out the truth. And they should be trusted. In the rare instance where an accused abuser turns out to be innocent. (this does happen as I am personally aware of at least two cases of it), it may be traumatic for him and his family and hard to overcome. But the reverse is a far greater problem. When victims are treated as liars - they are abused a second time. This contributes to their going OTD, becoming clinically depresssed and ‘self medicating’ with alcohol and drugs. And sometimes suicide!

Those rabbis who have come around to the need to report suspicions of abuse to police now realize this. Which is why Rabbi Fuerst made that ‘dark ages’ comment.  And why Chabad has now joined in requiring sex abuse to be directly to the reported to police. Let us pray that at this time of Teshuva, Tefilla and Tzedaka, that these reticent rabbis join the ‘club’ of Orthodox rabbis from across the spectrum who are now urging their public to do the right thing.

Calling Out Irresponsible Behavior

Agudah of Illinois Dayan, R' Shmuel Fuerst condemns irresponsible behavior

I am kind of a news junkie. I read, listen, and watch the news frequently throughout the day. Including when I have my doughnut and coffee every morning.

This has become a very depressing of enterprise of late. For obvious reasons. That of course hasn’t stopped me. If there was ever a time to pay attention to what is going on in the world –it is now!

This morning I heard the same news I’ve been hearing for weeks now. And as has mostly been the case - just when you think things have gotten pretty bad, they get even worse. I walked away from this morning’s newscast anxious and depressed. It took me awhile to get back to an even keel. Which doesn’t really change things. But it does help me deal better with the day.

What depressed me today is that New York is – or is quickly becoming - the epicenter of the COVID-19 virus infection. Watching a desperate Governor Cuomo struggle through a press conference citing infections figures that seem to double every few days is frightening beyond words.

It was distressing to hear him say that respirators - a vital piece of medical equipment -  will be in such short supply that tens of thousands of people that might need them to survive – will not get them.  Equally distressing - frightening even - is his prediction that what is happening in New York will soon be happening all over America relatively soon.

I’m not sure how accurate this projection is since the rates of infection varies from state to state. Less populated states do not have anywhere near the infection rate New York does. And if they practice social distancing properly they might get out of this without the kind of spike taking place in New York.

Which brings up the question, ‘Why New York?’ What is it about this city that makes it the epicenter of the disease?

The answer to that should be obvious, too. Population density.  Everyone is close to everyone else. Places like Times Square comes to mind. It seems like – in New York -  there are people everywhere all the time.  

Some epidemiologists have theorized that public transportation in New York finds people so densely packed - so close to each other they can barely move. Every day. Morning and evening. Social distancing in situations like that is impossible. It is also true that the spike might be related to the fact that many people weren’t tested until now and actually had the virus earlier – but are first being counted now. That, however, doesn’t make me feel much better.

New York is also the epicenter of Jewish life in America. There are probably more Jews in the greater New York area than in every other city combined. The same is true for Orthodox Jews. It has not escaped my attention that this fact has contributed to the problem. Not because there is God forbid any sinister motive. But simply because of the fact that Orthodox Jews tend to congregate in groups a lot more than the average New Yorker. Mostly for religious reasons.

A great many Orthodox men go to the synagogue daily to Daven with a Minyan. Some go 3 times a day. And most men and women go to Shul every Shabbos where in some cases there are many hundreds of attendees. In other cases there are those that Daven in a crowded Shtiebel where there might be dozens of Jews sitting or standing right next to each other for hours at a time.

Young Orthodox Jews can be found in the Beis HaMedrash of their given Yeshiva studying for hours a day among hundreds (or even thousands in some cases) of other students every day  for months at a time!

We also tend to have our share of weddings and Bar Mitzvahs - all of which tend to be much larger than the average New Yorker celebration. Weddings in particular are a breeding ground for infection because of the close contact between people during those lengthy dance sets!

None of this is inherently bad. There is nothing wrong (and everything right) with a society that has such a close knit relationship with their coreligionists and celebrates life-cycle events with family, friends and neighbors. But this isn’t about right or wrong. It is about facts. And in this case, these facts do not favor us.

Most of the Orthodox Jewish community has been duly chastened and have been abiding by the restrictions imposed by the government. For purposes of their own safety and to prevent community spread.

Unfortunately there are some that have been treating this like a joke. As though the government and epidemiologists don’t know what they are talking about. And they have either totally defied those restrictions or have been modifying them inappropriately for their own ‘religious’ purposes.

They have not only put themselves in danger. They have put the lives of their families in danger. As well as their neighbors and friends.  

But perhaps worst of all is the Chilul HaShem they are causing. They might not realize that the world is watching. Or they do and don’t care.  Either way that attitude is so irresponsible that it ought to be made clear that just how wrong and anti Torah it is by all responsible Orthodox organizations. Which have been coming out with valuable advice almost daily about what to do during this crisis both for our physical and spiritual health.

It is important for them to spread the word and announce to the world that what this community is doing is NOT OK! That behavior like that is a Chilul HaShem of major proportion! And that the responsibility for it is at the top. The buck stops at the door of their leaders who are either encouraging this behavior or tolerating it.

Once again - (and I cannot emphasize this enough!) It is time for all responsible Orthodox organizations - across the board - to speak with one voice of condemnation about this.

It may not change their behavior. But at least the world will know that these people are outliers who - with an attitude like this - have separated from the rest of the Jewish people and do not represent Judaism at all

This might sound harsh. Some might say that dishonoring a rabbinic leader is the height of impudence and counter to the values of the Torah in a serious way.

That would be true under ordinary circumstances. But as the Gemarah tells us, B’Makon Chilul HaShem – Ein Cholkin Kavod L’Rav. I can’t imagine a Chulul HaShem greater than causing the world to blame the pandemic on religious Jews.

I am therefore glad that in Chicago Rabbi Shmuel Fuerst, Dayan of Agudath Israel of Illinois made comments last night during his annual pre-Peasch lecture that are a version of what I said here. (It was live-streamed on Zoom and available by telephone for those that do not have Internet access). I do not recall his ever doing anything like that before. It takes a lot of courage. And that ought to be applauded by all of us.