Monday, April 4, 2011

Sexual abuse trials of Weberman & Dascalowitz


YUBEACON

At 10:15 on Friday morning, Nechemya Weberman was seen before the judge in the Kings County Supreme Court for what promises to be a long trial involving his alleged rape and sexual assault of a 12 year old girl for three years as she was seeing him as a therapy patient. Weberman was arrested in connection with this on February 23rd and is currently out on $15,000 bail.

Weberman’s lawyer, a slick looking man in an expensive suit, turned down Judge Patricia Dimangos’ offer of five years imprisonment and maintained a pleading of not guilty. The court scheduled to meet again on Wednesday, May 11th for the next step in the proceedings. The trial itself has not been yet set. These proceedings can drag out for months or years, often wearing the victim and her supporters thin.

The defendant is a 53 year old married, unlicensed therapist from the sequestered community of Williamsburg, New York, where almost everyone is Chasidic. The courtroom was filled with Hasidim, most of whom were there to support the victim. Weberman’s wife, son, and two sisters sat in the back corner, avoiding the glances of curious audience members.[...]

Sunday, April 3, 2011

Adoption:Should race be a consideration?


Newsweek

Several pairs of eyes follow the girl as she pedals around the playground in an affluent suburb of Baltimore. But it isn't the redheaded fourth grader who seems to have moms and dads of the jungle gym nervous on this recent Saturday morning. It's the African-American man—six feet tall, bearded and wearing a gray hooded sweatshirt—watching the girl's every move. Approaching from behind, he grabs the back of her bicycle seat as she wobbles to a stop. "Nice riding," he says, as the fair-skinned girl turns to him, beaming. "Thanks, Daddy," she replies. The onlookers are clearly flummoxed.

As a black father and adopted white daughter, Mark Riding and Katie O'Dea-Smith are a sight at best surprising, and at worst so perplexing that people feel compelled to respond. Like the time at a Pocono Mountains flea market when Riding scolded Katie, attracting so many sharp glares that he and his wife, Terri, 37, and also African-American, thought "we might be lynched." And the time when well-intentioned shoppers followed Mark and Katie out of the mall to make sure she wasn't being kidnapped. Or when would-be heroes come up to Katie in the cereal aisle and ask, "Are you OK?"—even though Terri is standing right there.[...]

Obama’s War on Schools


Newsweek by Diane Ravitch

Over the past year, I have traveled the nation speaking to nearly 100,000 educators, parents, and school-board members. No matter the city, state, or region, those who know schools best are frightened for the future of public education. They see no one in a position of leadership who understands the damage being done to their schools by federal policies.

They feel keenly betrayed by President Obama. Most voted for him, hoping he would reverse the ruinous No Child Left Behind (NCLB) legislation of George W. Bush. But Obama has not sought to turn back NCLB. His own approach, called Race to the Top, is even more punitive than NCLB. And though over the past week the president has repeatedly called on Congress to amend the law, his proposed reforms are largely cosmetic and would leave the worst aspects of NCLB intact.

The theory behind NCLB was that schools would improve dramatically if every child in grades 3 to 8 were tested every year and the results made public. Texas did exactly this, and advocates claimed it had seen remarkable results: test scores went up, the achievement gap between students of different races was closing, and graduation rates rose. At the time, a few scholars questionedthe claims of a "Texas miracle," but Congress didn't listen. In fact, the "Texas miracle" never happened. [...]


Friday, April 1, 2011

Halachasizing of lashon harah: Mussar principles versus halachic rules:


The following post on Hirhurim has a link to Dr. Benny Brown's paper regarding the transformation of lashon harah - but it applies also to other matters. As affirmation of his basic thesis - my son told me that the Rosh Yeshiva of Slobodka Yeshiva in Bnei Brak told him that the Chazon Ish had said, "Lashon Harah is not a complicated topic. All one needed to remember was not to use speech to hurt others."

 This is also reflected in Rav Sternbuch's teshuva regarding a principal's refusal to listen to lashon harah regarding child abuse as well as the Rav Chaim Ozer's refusal to sign the Chofetz Chaim's pledge never to speak lashon harah.


Hirhurim

Audio Roundup CXXXIX
March 31, 2011

by Joel Rich

Dr. Benny Brown’s paper (pdf link fixed) concerning the Chofetz Chaim’s “halachasizing” approach to lashon hara resonated with some of my lay person’s musings on the subject. My Hirhurim comment prior to reading the paper was “llimud v’lo lmaaseh I always go back to the same question – why was there no real compendium on lashon hara rules until the C”C?

Increased awareness of sexual abuse amongst Orthodox women


Haaretz

Last Wednesday, the day after former President Moshe Katsav was sentenced, Tirza Frenkel, vice-principal of Tehilla, a state-religious girls' high school in Jerusalem, was planning to discuss the case in her 12th-grade civics class. But even earlier, she says, students stopped her in the hall and asked her to address the matter.

Frenkel has a reputation at the school for devoting a lot of attention to sexual abuse, in general, and to the Moshe Katsav affair in particular. The issue preoccupied students throughout the trial (which began in the summer of 2009 ), she says, and discussions were held in classrooms at high points in the proceedings, such as after the verdict.

"I used the case in civics classes to describe court proceedings, to explain what a plea bargain is and why Katsav turned it down - and to discuss sexual abuse," Frenkel says. "In Orthodox parlance, we talk about how every woman was created in the divine image, and therefore has a right to her body and must not be violated."

She told her students that "the personal message to all of you is that you has the right to safeguard your body and to do with it as you see fit, and nobody has the right to demand anything else." [...]

Paying for dialysis when it doesn't prolong life?


NYTimes

Of all the terrible chronic diseases, only one — end-stage kidney disease — gets special treatment by the federal government. A law passed by Congress 39 years ago provides nearly free care to almost all patients whose kidneys have failed, regardless of their age or ability to pay.

But the law has had unintended consequences, kidney experts say. It was meant to keep young and middle-aged people alive and productive. Instead, many of the patients who take advantage of the law are old and have other medical problems, often suffering through dialysis as a replacement for their failed kidneys but not living long because the other chronic diseases kill them.

Kidney specialists are pushing doctors to be more forthright with elderly people who have other serious medical conditions, to tell the patients that even though they are entitled to dialysis, they may want to decline such treatment and enter a hospice instead. In the end, it is always the patient’s choice.

One idea, promoted by leading specialists, is to change the way doctors refer to the decision to forgo dialysis. Instead of saying that a patient is withdrawing from dialysis or agreeing not to start it, these specialists say the patient has chosen “medical management without dialysis.” [...]


Thursday, March 31, 2011

Does major change always require causing a stink?

Just had a discussion regarding the tactics to use in bringing about change in a community. Can one act with derech eretz and a concern with truth or is the only effective way to be rude and abrasive and to have a blatant disregard of truth? The point of contention are the views of Saul Alinsky.


NYTimes

Saul Alinsky, the Chicago activist and writer whose street-smart tactics influenced generations of community organizers, most famously the current president, could not have been more clear about which side he was on. In his 1971 text, “Rules for Radicals,” Mr. Alinsky, who died in 1972, explains his purpose: “What follows is for those who want to change the world from what it is to what they believe it should be. ‘The Prince’ was written by Machiavelli for the Haves on how to hold power. ‘Rules for Radicals’ is written for the Have-Nots on how to take it away.” [...]

Make yourself look as big and scary as possible:

For an elementary illustration of tactics, take parts of your face as the point of reference; your eyes, your ears, and your nose. First the eyes; if you have organized a vast, mass-based people’s organization, you can parade it visibly before the enemy and openly show your power. Second the ears; if your organization is small in numbers, then do what Gideon did: conceal the members in the dark but raise a din and clamor that will make the listener believe that your organization numbers many more than it does. Third, the nose; if your organization is too tiny even for noise, stink up the place.


Abuse: Yosef Kolko case - Should beis din's social worker have to testify?


APP

A former yeshiva teacher and camp counselor spoke in detail about sexual abuse accusations against him to a social worker hired by a rabbinical council months before the case was brought to law enforcement, according to testimony in Superior Court Wednesday.

Now, an assistant prosecutor wants the social worker to be able to testify against the teacher, Yosef Kolko, at upcoming criminal proceedings regarding accusations that he molested a boy he met while a camp counselor.

Kolko's attorney, Michael E. Wilbert, argues that his client, as a patient, is entitled to confidentiality.

Sexual abuse case sheds light on Emmanuel’s ethnic tensions


JPost

A sexual abuse case recently made public is shedding some new light on the development of the ethnic tensions that exploded in Emmanuel last year.

Channel 2 reported on Monday that the principal of Emmanuel's Ashkenazi elementary school for boys, Rabbi Moshe Nussboim, is currently on trial behind closed doors in the Kfar Saba Magistrate's Court on suspicion of sexually abusing three boys from Sephardi families in his school between the years 2002-2008.

The Emmanuel affair took off in 2007, when a partition was erected in the middle of the local Beit Ya'acov girls' school building to separate between girls in a "hassidic track," composed of primarily Slonimer Hassidim, and the rest of the girls.

A High Court petition by Yoav Laloum and his Noar Kahalacha NGO charging ethnic discrimination led to the court ordering that the wall be taken down, and the Independent Education Center, which runs the school, obeyed.[....]

Wednesday, March 30, 2011

4 Palestinians falsely accused of raping 11-year-old


YNET

Police released four Palestinians residing illegally in Israel, who were arrested Tuesday on suspicion that they had raped an 11-year old Israeli boy, when it turned out the latter had been lying.

The four men denied the allegations from the first, prompting police investigators to question the boy again before a scheduled lineup. During the second round of questioning, the boy admitted that some of the claims he had made were false, and also supplied a different description of the men

Two opposing views: Must you listen to rabbis to violate the Torah?

From Daas Torah - translation copyrighted

The following shows that the commonly accepted view of rabbinic authority is based on the Sifre which is not the authoritative view since it is rejected by  the Bavli & Yerushalmi and is not mentioned by Rambam and Shulchan Aruch.

Ramban (Devarim 17:11):
Left and Right.  Rashi explains that even if the Sanhedrin tell you that right is left or left is right – [you must obey them]. Meaning that even if you are certain that the Sanhedrin has erred and it is as obvious to you as the difference between your right and left – you still must comply with their understanding of the Torah. In other words you can’t argue, “How can I eat that  which is prohibited by the Torah or how can I execute this person when I know he has not transgressed?” Rather your attitude must be, “The absolute obedience to the rulings of the Sanhedrin is what G d has commanded me and I must observe the mitzvos exactly as the Sanhedrin (which is in G d’s presence in the Temple) says. The Torah was given to me according to their understanding – even if they err.”  This is what happened when R’ Yehoshau had a dispute with the Sanhedrin as to what day was Yom Kippur. R’ Gamliel the head of the Sanhedrin ordered R’ Yehoshua to appear before him on the day that he thought was Yom Kippur (Rosh HaShanna 25a). the necessity for this mitzva is very great. That is because the Torah was given to us in writing and it is known that people don’t think identically in all matters. Therefore it would be natural for disputes over what the Torah means to continually multiply and it would end up that there would be many Torahs instead of one. That is why this verse tells you that one must obey the Sanhedrin which convenes in G d’s presence in the Temple – in everything they say concerning the understanding of the Torah. There is no difference in the requrement to obey whether this Torah understanding is part of the Tradition which goes back what G d told Moshe or what their understanding of the meaning or intent of a Torah verse.  This requirement to accept their Torah understanding is because the Torah was in fact given to us according to their understanding. Therefore they must be obeyed even if their view contrasts with your understanding as left contrasts with right and surely if you agree with their understanding. That is because G d’s spirit is on those who serve in His Temple and He does not desert His pious ones. G d always protects them from error and mistake. The Sifri (Shoftim 154) says that you must obey them even if appears that they have reversed right with left and left with right.

Yad HaMelech (Hilchos Maamrim 1:2): …It is clear that according to the understanding of Rashi and the Mizrachi the intent of the Sifre [that one must listen to the rabbis even when it apparently involves Torah prohibitions] is against the view of the Babylonian Talmud and also against the Yerushalmi. Furthermore since the Rambam omits mention of this Sifre therefore we have only the halachic view that is explicit in the Bavli and Yerushalmi.  Thus all halachic rulings which appear to contradict the words of the Torah e.g., eating prohibited fats or killing an innocent man – irrespective as to the authority of the rabbi giving the ruling they are not to be accepted. It is stated explicitly in the Yerushalmi and also the Bavli that if someone errs in this matter and thinks it is an obligation to listen to these rabbis to eat fat prohibited by the Torah because he thinks it is a mitzva to always obey the rabbis – this individual is obligated to bring a sacrifice as he would be for eating any Torah prohibited food in error.
  
*** Even Ramban might hold Sifre only applies if  Sanhedrin rejects your view ***

Rav Ovadia Yosef (Yabiah Omer Y.D. 6:7.2): … The Yerushalmi (Horious 1:1) states, that you might think even if they tell you that “right” is “left” and that “left” is “right” that they must be obeyed. Therefore the Torah says that you should only obey them if they say that “right” is “right” and “left” is “left”. But this is the opposite of the Sifre [that you must obey them even if they tell you that “right” is “left” and “left” is “right”…. However according to the explanation of the Ramban (Sefer HaMitzvos Shoreh I) and those who support him [Ran Sanhedrin 87a] there is a reconcilation. According to the Ramban as long as the dissenting view has not been directly presented to the Sanhedrin [or Rabbinic authority] then he must refuse to eat that which the Sanhedrin insists is kosher. [If he eats food that he regards as unkosher because he is relying on the Sanhedrin he must bring a korbon] However once he has directly discussed the issue with the Sanhedrin and they have rejected his view [despite his best efforts] then the halacha becomes that he must obey them [even if he is still convinced he is right.]

Riva (Devarim 17:11): Don’t deviate from what they tell you left or right – Rashi explains,“You must obey them even if they tell you right is left and left is right and surely if they tell you right is right and left is left.”  This is an astounding statement. Are we really required to listen to a rabbi who tells you that something that is impure is pure or that something which is prohibited really permitted?! The answer is that this command does not concern Torah obligations but rather Rabbinic decrees. Thus “the right that is really left” is referring to decrees such as not doing the Torah mitzva of blowing shofar because of the concern of profaning Shabbos. The meaning of “the left that is really right” is referring to decrees such as prohibiting marriage to someone who is permitted by the Torah.