Silly Season, Part 2

As the controversy over the Israeli conversion bill heated up, in other corners of the Jewish world, too, ‘twas the season to be silly. In a New York Times opinion piece so rife with howlers that a “Corrections” note of several paragraphs would not suffice, a Jewish magazine editor suggested that future historians would wonder why “as Iran raced to build a nuclear bomb to wipe the Jewish state off the map, did custodians of the 2,000-year-old dream of the Jewish people choose such a perverse definition of Jewish peoplehood, seemingly calculated to alienate supporters outside its own borders?”

It’s good the writer is concerned enough about the Iranian nuclear threat to make the rather strange connection between it and, of all things, the Israeli conversion controversy. Perhaps her next article can muse about what future historians will say about why the American Jewish establishment and its constituents — including her magazine’s readership — who are an important part of Barack Obama’s liberal base and are, even as his popularity plummets, still among his staunchest financial and political backers, failed to object strenuously — or at all — to his reconciliation to the reality of an Iranian bomb.

And perhaps those scholars will find confirmation of Santayana’s aphorism about repetitive history in the genuflection of American Jews — with those attacking the Orthodox over conversion prominent among them — before Obama’s Iran policy. It is, after all, an eerie replication of the “miserable failure” of Stephen Wise – that’s Hebrew Union College head David Ellenson’s phrase – to overcome his adulation of FDR to work for the salvation of European Jewry.

Then there is the writer’s invocation of the “alienation” meme, the notion that, in her words, neither “the Jewish diaspora nor Israel can afford a split between the two communities. . . .” As if in a giant echo chamber, this charge reverberated through the secular Jewish world, from former AIPAC head Tom Dine, whose memorable reference some years back to “smelly Orthodox diamond merchants” tends to diminish his moral clout, to Reform bigwig David Saperstein, who bemoans that among the “unaffiliated who identify with the Reform and Conservative movements, the message that the government . . . does not recognize their commitment does alienate people. . . . “ I’m trying to follow Saperstein on this: The “unaffiliated” — read: those who don’t even join a temple at least until their kid’s bar mitzvah and aren’t among the 15% of Jews who have visited Israel even once — are alienated because Israel doesn’t recognize their “commitment?! Whatever.

It’s hard to know if, in claiming that Israeli suppression of the non-Orthodox movements has alienated American Jews en masse, Sapirstein is engaging in cynical manipulation or really believes this stuff. Either way, I have a solution: He ought to take up reading his own movement’s eponymous publication, Reform Judaism. Its Spring issue featured a panel of Reform clergyfolk in Israel, and among them was David Forman, who passed away in May at age 65, while awaiting a liver transplant. Although his liberal and heterodox credentials were solid – director of the Israel office of the Reform movement for 27 years and a founder of the left-wing agitators’ group Rabbis for Human Rights – he was not a company man, and was often strikingly independent-minded about Israeli politics and candid about the Jewish scene.

Responding to the question “Has Reform Judaism become more accepted among Israelis?, Forman had this to say:

The Reform Movement’s inroads into Israeli society have been marginal at best – and I believe that we have erred greatly in trying to garner support among our Diaspora brothers and sisters by telling them how dreadful Israel is in respecting the rights of non-Orthodox Jews. We have basically turned off many North American Reform Jews to Israel.

The truth is, the cup is half full. Our Reform settlements . . . would never have been founded or maintained had it not been for Israeli government subsidies. Our educational institutions receive government aid as well. . . . Its time we start telling these positive stories instead of blaspheming Israel.

In an earlier article in the Jerusalem Post, Forman took aim at those in America who look for something to “be held liable for the comatose state of American Jews”:

Who stands in the dock? The usual scapegoat: Israel. Israel’s actions are alienating Jews abroad not only from Israel, but also from Judaism. The Jewish state has failed to fulfill its promise of being a “holy nation” It has demeaned Jewish values to such an extent that Jews around the globe are embarrassed and fleeing in droves from their Jewish roots.

Who are the leaders of this transference movement – that is, those who look to find fault elsewhere for their own failures? Surprisingly, but on close examination not unexpectedly, . . . the liberal Jewish community. If only Israel were faithful to its prophetic tradition and also a reflection of the great social movements of the West, American Jews would identify with their Jewish heritage. . . .

I was shocked when [on a recent trip to America] I spoke to 10th graders at a synagogue’s Sunday school. It is amazing what they do not know. . . . [F]ew knew that Abraham preceded Moses, few could name one prophet, few knew in what part of the world Israel is situated. They all know who Jesus’ parents were –but they do not have the slightest idea whose were Moses’. . . .

Why should [American Jews] be interested in anything that has to do with Israel if they have no knowledge of anything that has to do with Jewish life? Liberal Jews should display a little humility before lecturing us that our country does not reflect what they expect of a Jewish state. . . . So stop using Israel as a scapegoat for the ills of the American Jewish community.

An important point emerges from this last piece: even without conversion crises on which to blame the spiritual and demographic unraveling of American Jewry, there’ll be plenty other things to blame it on, unless Israel is willing to shed its Jewish identity almost entirely and remake itself in the image of J Street and its ilk.

Too high a price to pay, methinks.


Jews of Discomfort

Judea Pearl, or Reb Yehudah as I call him, is a UCLA professor of computer science, with a strong interest in artificial intelligence. He is the father of Daniel Pearl, the Wall Street Journal writer murdered by Pakistani Muslims. No one can forget his last words. “I am Jewish….My father is Jewish, my mother is Jewish….Back in the town of Bnei Brak there is a street named after my great-grandfather, Chaim Pearl, who was one of the founders of the town.”

The following article (appearing in the Los Angeles Jewish Journal) is not only insightful, but demanding. If you cannot do what he asks in the last paragraph, you are deluding yourself about your commitment to Israel as much as the yefei nefesh whom he targets in this piece.

What makes fog float in mid air, while raindrops fall straight down to earth? Physics teaches us that it is all a matter of “surface-to- weight ratio” — a simple parameter that determines whether soap bubbles rise or fall, and how many passengers a jet plane can carry.
The larger the surface, so the theory goes, the easier it is for an object to lift its weight against gravitational pull.

The analogy came to mind this past week, on Ti-sha B’Av, when I pondered the fate of the Jewish people and tried to assess our collective surface-to-weight ratio.

It was a particularly cogent day to compare the amount of energy we spend at the boundaries of our existence, facing outward to defend our being, vis a vis the resources we waste facing inward, on self- congratulation, finger-pointing and other forms of added weight.

Take the protest march on behalf of Gilad Shalit last month. Tens of thousands of Israelis took to the roads, tens of thousands stood by roadsides feeding the marchers, and millions watched the marchers on Israeli TV. I have not seen any of it on CNN, for it was aimed inwardly, toward the Israeli government. We would have surely seen some of it had this enormous energy been directed outwards, say as a protest against the UN or the Red Cross or foreign embassies for not doing their share in stopping the most blatant human rights violation of our generation.

Or take Peter Beinart’s much debated article “The Failure of the American Jewish Establishment” (New York Times Review of Books, June 10). Judging by the number of invitations I received to attend his lecture in Los Angeles, one would think that this creative intellectual has finally discovered a formula for peace or a new weapon to silence rockets without hurting civilians, or, at the very least, an Arab intellectual willing to accept Israel. None of the above. Reading his article again and again, all I hear is how uncomfortable he feels being a Jew at a time when Jews are accused of

supporting a non-democratic entity called Israel, and how we can now extricate ourselves from this discomfort by speaking out, not against

the distortions, but against a leadership that place their faith in the solid democratic character of Israeli society. I hear a desperate son

coming home screaming: “Mother, the boys at school called you dirty names again. I hate you for causing me to face those bullies, and I hate you for making me feel so inadequate, unable to defend your honor

except by joining them in amplifying your blemishes”.

Beinart was treated royally in Los Angeles because he is the prophetic voice for many Jews of Discomfort; they love him because he takes their discomfort and elevates it to a noble feeling of moral purity. They used to feel guilty for Israel’s actions, still concsious of her problems, no more. Elevated in virtue, they now see every blemish on Israel’s face as “the litmus test”
for her impure personality — hers, not theirs.

Observe another Jewish intellectual, the French philosopher Bernard Henry Levy, who is perhaps further to the left than Beinart. He too feels uncomfortable with some of Israel’s actions, and he too proposed ways to correct them. Yet instead of pointing fingers at the Jewish establishment, he takes to the trenches and, using his column on the Huffington Post, he tells his leftist colleagues: Stop this madness, look at yourself in the mirror. Is your liberalism dead when it comes to Israel? (Jun 7, Huffingtonpost)

It is all a matter of surface-to-weight ratio, says my physics book, Jews of spine confront their maligners, Jews of Discomfort blame their leaders.

Deep inside, Levy knows perhaps that ours may well be the last generation in which Jews can earn respect in academic and intellectual circles; pro-coexistence scholars are already pariahs in academia, forced to hide their sentiments from colleagues. (See my column in this newspaper, “Our New Marranos,” March 19, 2009), and if Israel goes under, Jews of Discomfort will certainly find themselves exorcised by the elite they now seek to appease. They would be remembered not for their discomfort, but for what they really were: members of a people who once supported a mistake called Israel — ruling elites do not easily forgive “mistakes” they labored to undo.

I will end with a request to readers. If you agree with my views or share my concerns, do not simply succomb to the temptation of sending this article to another member of your synagogue. Take to the trenches and face outward. Knock on the door of your gentile neighbor or office mate and say: Remember, Joe, how I used to go along with all your sarcastic criticism of Israel? Times have changed, Joe. My people are in trouble, and there are things I must do even at the risk of testing our friendship. I want to tell you how strongly I feel about Israel, what is factual and what is malice in what you hear, and why our world will not be the same without that tiny, shining spot called Israel.

Silly Season Is Here Again

It’s silly season again in the Jewish world. In other words, yet another fight has broken out over conversions in Israel, and ostensibly smart people have taken to saying some truly risible things.

In one corner, we find David Harris, executive director of the American Jewish Congress, reviving an old chestnut, one I’d thought had been laid to well-deserved rest years ago, but is apparently hardier than I assumed. His argument: When Hizbollah bombed a Buenos Aires Jewish center, killing scores, all that mattered for the terrorists was that the victims identified as Jews; likewise, there were no separate Nazi box cars, ghettoes and barracks for different Jews based on degree of Jewishness. Ergo, anyone with a sustained hankering for kasha varnishkes or Israeli folk dancing has a moral right to join the Jewish people.

There are a number of ways to respond to Mr. Harris, such as testing the logical limits of his position by asking if he knows how to spell unmentionable phrases like Jews for Jesus – but, honestly, there’s other silliness to cover, so we’ll have to suffice here with saying this: No thanks, we’d prefer not to hand the ultimate authority for defining Jewishness over to Adolf Eichmann and Hassan Nasrallah. The “argument from Hitler,” to coin a phrase, has emotive power, but little else to recommend it in a serious discussion among serious people.

Before taking leave of David Harris, however, one parting thought is in order. He begins his piece: ”I am a Jewish pluralist. I recognize that we are all on one journey, even though we proceed on many diverse paths.”

No, Mr. Harris, you’re a well-meaning fellow who’s concerned about Jews, but you’re no Jewish pluralist. If you were, you wouldn’t be able to write, as you do further on, that “there are those” – e.g. this writer and a majority of the Hamodia readership, in contrast to the Reform and Conservative movements, David Harris, the Nazis and Hizbollah – “who would willfully divide us, investing a monopoly of power in one interested party, creating hierarchies of ‘membership in the club,’ and relentlessly questioning the legitimacy of other would-be Jews.”

For David Harris’ benefit, here’s a one-line primer on pluralism: It begins with the pluralist’s openness to understanding the basis of the other’s position, and certainly to not mischaracterize it, and is followed by his commitment to live and let live to the extent no one is threatened thereby. Such tolerance for the other is grounded in respect, not necessarily respect for the other’s position, which the pluralist may regard as deeply erroneous, but respect for the other’s inherent human dignity and cherished staus before G-d.

Strange as it may seem, then, I am far more of the authentic pluralist in the matter of conversions, because I fully understand both my own position and that of Mr. Harris and company.

My position? There is one G-d, Who gave the Jewish people His Torah, and in that Torah, as interpreted by the Sages to whom He entrusted its transmission, He told us who, in spiritual reality, is a Jew and who is not. Harris’ position? First, a negation of all or almost all of the above. And once G-d has had nothing to say about who’s a Jew, the field is wide open.

As he himself put his worldview so well (with the liberty of a bit of embellishment by this writer), we’re all on one indefinable, amorphous journey, of unknown duration and nature, to an inherently unknowable destination, even though we proceed on many diverse, indeterminate paths. Given this definition –for lack of a better word — of Jews and Jewishness, if you’ve got your matzah balls, you’re all set, and logically so. A dip in the mikvah? Maybe, if it’s hot out. Circumcision? Nah. Genuine acceptance of the mitzvos? Fuggedaboudit.

So, as the reader can see, I clearly understand both positions on this issue. And while I honestly rue the tragedy of David Harris being robbed, likely through no fault of his own but by historical viccissitude, of his connection to the truth about G-d, Torah, the Jewish people and, ultimately, himself, I appreciate that, given his mistaken starting premises, his position makes good sense.

More: In keeping with my commitment to pluralism, I would not oppose Israel’s granting all who hold Harris’ position, as well as heterodox movements of all flavors, full authority over conversions to their sundry belief systems, as it grants such authority, and funding, to the Samaritans and other Jewishly schismatic sects.

But to protect the wellbeing of the Jewish people, there must be one proviso: the would–be converters and converts must be willing to set aside their personal and institutional egos, and acknowledge loudly and clearly that the terms “Judaism,” “Torah” and “Mitzvos” have already been taken – trademarked, if you will — by the Orthodox, and indeed by the Judaism of the ages, and that there is truth to the words of the refreshingly honest, late Reform clergyman David Forman (about whom more shortly): “While American Jews are creating a brand of Judaism that may be legitimate for its own reality, it is creating something that is simply not recognizable to the collective historical experience of the Jewish people.”

But, David Harris, what about you? As an aspiring pluralist, do you not owe it to me to make the effort to understand the basis for my position on conversion that I outlined concisely above? And more importantly, do you not owe it to me to respect my integrity and sincerity in espousing that position, based on authoritative Jewish legal rulings and love for fellow Jews, rather than to fling hurtful, false accusations about divisiveness, monopolies of power and sinister attempts to “relentlessly question the legitimacy of other would-be Jews”? Is this, truly, the language of the pluralist?

Shimon Peres Looks Back

Benny Morris’ interview of Shimon Peres in Tablet has to be one of the most interesting and refreshing reflections upon history that I have read in quite a while, yielding much insight into the personalities of Israel’s elder statesman and those with whom he interacted. With all his faults, he emerges far more heroic than before, and serves as a reminder of the days in which those who toiled to found the State – for all our ideological differences with them – were made of stronger stuff than the self-serving bureaucrats of the present.

Benny Morris is himself an intriguing character. As one of Israel’s New Historians, he was the darling of the left for challenging the mythic orthodoxies of Israel’s early days, particularly the War of Independence. He argued that in fact not all of Israel’s Arabs had fled on their own; some had been pushed out. (This position peeks out at us in the course of this interview.) Arab civilians had been killed as well. He then stood his findings on their head by concluding that while such incidents had occurred, they were the exception, and quite within the range of behavior of other armies. Moreover, he argued, they were justified in retrospect!

I found two vignettes especially interesting. The first concerns his reasons for championing draft exemptions for bnei yeshiva.

I ask Peres about Ben-Gurion’s agreement to waive the conscription to military service of the ultra-Orthodox, known as haredim, and to subsidize their Torah studies in yeshivas. Was this not a mistake, given today’s reality of massive exemptions from military service and the social crisis caused by massive government subsidies of the haredi tendency to have disproportionately large families and not work?

Peres: Ben-Gurion appointed me to negotiate the [exemption from service] with them. I think it was in 1951. I saw in my mind’s eye my grandfather. I was not a neutral observer. At the time, we were talking about 100-150 yeshiva students altogether. The ultra-orthodox leaders said: If there is no exemption, the yeshivot will be established in other countries. [I thought:] Israel without yeshivot?

Peres implies that he is averse to today’s mass exemptions. He adds that he—and perhaps Ben-Gurion—expected the haredim to change over time and become productive members of society.
Peres: To be a haredi is not eternal.

Morris: It seems to be.

Haredi women are beginning to go to work; haredim are going to the army.

Morris: We’re still talking very small numbers.

Another vignette might make Rav Yisrael Salanter proud. One of the three prongs of Rav Yisrael’s formula for mussar growth was understanding kochos ha-nefesh, or what we would call astute comprehension of human behavior. According to President Peres, he achieved a key objective in crucial negotiations because his understanding of the Arab psyche in general – and that of Yasser Arafat in particular – was more important than what was written in the playbook for diplomatic maneuvering.

Morris: How did you speak?

In English. His English was poor. He was embarrassed [by it]. But in private he spoke freely in English. Let me tell you a story. About Hebron. We wanted to retain [part of] downtown Hebron, the Cave of the Patriarchs and the route to Kiryat Arba. In the end, it was decided Arafat and I would sit, alone, until there was smoke [i.e., until there was agreement]. I felt he was very nervous. He started talking in French, which he didn’t know. And he started tapping with his foot, what he always did when he was nervous. [Peres demonstrates.] I called him “rais” [Arabic for headman or president]. He called me “your excellency.” I said to him, “Rais, we can’t reach an agreement.”

I returned to my room. There, IDF head of Central Command, Gen. Ilan Biran, said: “This is catastrophic.” [He was referring to the fact that Arafat had not agreed to leave a small but crucial area of downtown Hebron in Israeli hands.] I go back to Arafat, knock on his door.

Arafat: “You all right?” Peres: “You got what you wanted. I didn’t. I left your room depressed. You are a general, I’m not. You are a president, and I’m not. You are an engineer, I’m not. You are a religious leader, I’m not. It’s no wonder that you got what you wanted and I negotiated like a fool.” Arafat: “Let me look at the map.” And then he agreed to what we wanted. He had received our respect, recognition. It worked.

Peres understood one of the most important principles of mediation. People’s stated goals are not always their real goals. Often, they are not fully aware of the real goals themselves. An experienced rebbe or rav or mediator can draw from experience and recognize what disputants really want and need, and solutions can be implemented when the other side can provide it.

(Thanks to Dr. Saul Newman for the tip.)

Menschic Warriors

This article, appearing in the Los Angeles Jewish Journal, omits only one significant fact in this kiddush Hashem of a piece. There is something that Benish Kaplan is even more passionate about than basketball. He is unswervingly loyal and dedicated to his illustrious relatives, the Feinsteins, shlit”a. Benish knows how to stick with a winning team!

Menschic Warriors
By David Suissa
Month after month, a few years ago, my little boy would nudge me. “Daddy, I want to try out for Kaplan,” he’d say. I knew Kaplan was a basketball program in the Hancock Park area, but I knew little else. My boy Noah was already playing for his Maimonides team in his school league, which meant practice every week and a game every Sunday – so why add a whole other layer of practice and games? It’s tough enough to juggle after-school activities for three busy kids; who needs another carpool headache to the other side of town?

Obviously, I hadn’t done my homework. If you’re a Jewish kid in a Jewish day school in Los Angeles, especially an Orthodox school, and you love to play basketball, the name “Kaplan” is like the name “Harvard” to an aspiring MBA candidate – hard to get in, but a dream destination. It’s like in those movies where a player toils in the minor leagues for years and dreams of one day going to “the show” – the major leagues.

Kaplan is the major leagues – in more ways than one.

First, it’s a Jewish team that plays in a non-Jewish league. Which means, forget about the haimish atmosphere of the Jewish leagues, where everybody knows everybody and “the Jews always win.”

Second, it’s really serious. Kaplan basketball isn’t recreation. It’s a passion. This is a reflection of the man who started the program more than 10 years ago.

Beinish Kaplan is a Charedi Jew who grew up on the Lower East Side of New York in the 1950s and 1960s; studied in yeshivas and was a student of the renowned Rabbi Moshe Feinstein; joined the U.S. Army and became a first lieutenant; started a successful garment business in New York before moving to Los Angeles in the 1970s and working in the finance industry; became an active member of Agudath Israel and a volunteer jack-of-all-trades organizer for the Orthodox community; and, through it all, was and remains an absolute, unequivocal basketball nut.

He started his love affair with the game as a kid, playing with his Jewish buddies and African American and Puerto Rican kids on the cement courts of the Lower East Side, rain, snow or shine.

Fifty-some years later, he hasn’t lost one twinkle of that love.

Today, on a strictly volunteer basis, he recruits and coaches seven Jewish teams each year, the kids ranging in age from 8 to 18, in a city league called ARC Basketball. From September to May, covering three different seasons, he runs practices every school night from 6 to 9 p.m. and coaches most of the games himself every Sunday from noon to 7 p.m. in locations as far away as the Santa Clarita Valley.

Catch him on any given Sunday pacing the sidelines during a game, and if not for that black yarmulke on his head, you’d think this was your typical tall, imposing, ultra-serious college coach during the Final Four tournament.

As you might expect, Kaplan puts a lot of emphasis on Jewish midot. He doesn’t tolerate trash talking, arrogance or swagger. His players are competitive but always well behaved or they don’t survive in the program.

There’s another midot Kaplan is known for: his intensity. Kaplan is so intense that he’s been known to scare off some parents. What’s funny, though, is that he rarely scares off the kids. He taps into their love for the game, so they don’t just tolerate his intensity, they see it as their ticket to becoming better players.

And while they do become better players – more often than not, his teams are consistent winners – the coach is after something bigger than basketball. He sees the program as teaching lessons for life. For overprotective parents who worry that their kids might be getting a little soft and could use a little toughness and discipline – in other words, most of us – this is a dream shidduch.

Someone will make a movie one day about Kaplan’s Yiddishe adventure in the inner-city world of serious basketball. I often wonder what goes through the minds of other coaches and players when they hear Kaplan call out plays in Hebrew (“Purim!” is for a high post play, “Cohen 2!” is for a screen and roll, and so on) or when the Kaplan players yell out “hazak ve’ematz!” (“strength and courage!”) before getting on the court.

I can’t tell you what it felt like the day my boy guarded the son of Arsenio Hall. I think I texted half of my family members in Montreal.

It’s all part of the Kaplan experience – never a dull moment. While the program is made up mostly of Orthodox kids, Kaplan welcomes Jewish players from all schools. Some players wear a kippah while playing, others don’t. There’s no controversy here between observant and nonobservant Jews, because all Jews at Kaplan observe the same rules: the coach’s.

Ultimately, Kaplan says, he wants to build “menschic warriors.” These are Jewish boys who will work hard to succeed in life, who will be proud to be Jewish and will defend the Jewish state, who will learn the rules of life and follow them, and, most of all, who will do it with confidence but without swagger and arrogance.

Some of his favorite phone calls are from former players, who are now in college or are married with children, and who call him just to keep in touch or ask for his advice.

“That’s when I know I’m winning,” he says.

Conversion Bill Hysteria

The Rotem Conversion Bill in Israel has, as we know, generated a lot of press. I suppose it is unsurprising to many to find that the coverage has been so intellectually dishonest — claiming that the bill says a host of things about topics upon which it doesn’t even touch. False statements from liberal “leaders” were picked up by a sympathetic media far too lazy to double-check the facts — or even to look for a contrary viewpoint.

Thus the following essay from Reform Rabbi Mark Golub, the President of Shalom TV, is a sorely-needed breath of fresh air. He actually read the bill. He even links to it so you can read it for yourself. And much as he, as a Reform Rabbi, advocates for “pluralism,” creation of a fragmented model of “Judaism” in Israel much as we have in the United States, he still denounces the “wildly exaggerated” “hysteria” which has governed coverage of this issue. His video presentation and written review are both more than welcome additions, injecting a healthy dose of realism into the debate.

The Price of Exclusion

“Whatever happened to ahavas Yisrael?” an acquaintance recently demanded to know. While I sometimes doff my defender-of-the-faithful hat at the gym, I assumed he was talking about Emmanuel and dutifully trotted out all my proofs that no ethnic discrimination was involved. Though Emmanuel was — as I had guessed — the impetus for his question, the issue he raised was far larger than Emmanuel.

“When I grew up in Detroit,” Max told me, “there were barely enough kids from shomer Shabbos families to support one day school. We all went to school together. I remember Rabbi Avrohom Abba Freedman, a devoted disciple of Reb Shraga Feivel Mendlowitz, going from bed to bed in hospitals asking people if they were Jewish. If they were, he would beg them to send their children to Bais Yehudah. Many important talmidei chachamim from that era came from non-shomer Shabbos homes.”

As the frum community has grown, schools have become more and more selective. The emphasis today is on refining the criteria for exclusion, not bringing in as many Jewish children as possible. Rav Aharon Leib Steinman has quipped that Avrohom Avinu would not be accepted in our schools today because of his father, but Yishmael and … Read More >>

The Real Road to Jewish Unity

What most violates the ultimate oneness of the Jewish People are multiple definitions of the word “Jew” – what results from a smorgasbord of conversion … Read More >>

Honoring the Badge

The piece that follows is an exceptionally cogent and heart-felt presentation of some of the multi-tiered tragedy of abuse in our community. The incidence of abuse is tragic; the efforts to silence victims is tragic.

I was not able to ascertain the background or veracity of the specific charges in the piece, which first appeared in the Jewish Star. It doesn’t really matter. In the absolute worst case, think of it like racial discrimination in Emmanuel: it may have been the wrong example, it turns out, but the behavior is rife in other locations.

The most important reaction is for people to acquaint themselves with the names of those poskim who have said, and continue to say, that when an abuser may strike again, he must be stopped, and the proper halachic reaction it to go to the police. Period. Abuse kills. Nothing less than that.

Honoring the Badge

By Daniel Sosnowik

“Officer, what’s your badge number?”
I’ve been asked that question countless times over the last 26 years. Almost always, it followed an unpopular decision. Always, it was accompanied by an unspoken message: “I’m letting you know I will hold you accountable for this decision.”

And always, I answer that question … Read More >>

Angels in the Dark – A Mood Piece for Tisha B’Av

While all of us are conscious of the loss of the beis hamikdosh yvbb”a as the underlying cause of all natioal tragedy in the last two millennia, many of us still react most deeply to events closer to our day. I have seen shuls full of people dutifully reciting kinos without significant emotional connection come to life and tears arriving at the kinos of R Shimon Schwab and R Weismandel about the Holocaust.

In corresponding with one of our commenters, veteran mechanech and history buff Rabbi Shmuel Burstein, I came across a wonderful piece he published a number of years ago. It can quickly remind us of what Jewish life can become when HKBH lifts His protective shield r”l. It is published with the author’s permission. It has appeared in a number of places, including Aish.com, and the CUFI website.

It was the end of May, 1943, and Jewish Lvov was burning. Once home to Poland’s third largest Jewish community, Lvov’s 100,000 Jews numbered less than 8,000. “They are killing the Jewish police! This is the end!” came a cry from the ghetto.

Huge buildings, entire blocks were on fire. Jews ran in all directions. Hundreds made a dash for the sewers, … Read More >>

Middah K'Neged Middah

There exists an eerie parallel between the treatment of Israel by the international media and the treatment of chareidim in the Israeli media. Within two days of the Gaza flotilla incident, videos showing the Israeli naval commandos who rappelled onto the Mavi Marmara deck being set upon with metal bars and knives were available to all news outlets, and the association of those killed with jihadist groups well-documented.

Nevertheless both the United Nations and the United Nations Human Rights Council pushed forward with demands for an international investigation, and much of the international press continued to write about the event as an act of wanton murder. Reuters took a particularly creative approach to uncomfortable facts: it simply photo-shopped them out of existence. The knife in the hands of one of the jihadists, which had been used to eviscerate the commander of the Israeli forces, disappeared from the Reuters photo.

Moreover, the international press turned the flotilla into a huge public relations success by continuing to write about the “humanitarian crisis” in Gaza as an established fact. Few of those reporting on that crisis seemed the slightest bit interested in actually visiting Gaza to witness the crisis firsthand. Had they done so they … Read More >>

Coercion in the Name of Liberty

Orthodox opposition to changing the legal meaning of matrimony in order to suit the Zeitgeist is not intended to, and does not, limit anyone’s religious … Read More >>

“I see all these Sephardi names!”

I am amazed. Larry Derfner has written many articles about Charedim — usually reflecting his left-wing opinions, in religion as in politics. Four years ago I wrote a two-part essay on “Fisking Larry Derfner,” responding to what Jonathan Rosenblum called “a particularly nasty attack on the charedi community.” R’ Yonason averred that Derfner “would hardly be classified as an inveterate chareidi-baiter,” but he was not particularly friendly.

So I certainly did not expect to discover, under his byline, an article which is not merely favorable, but practically glowing in its praise, while addressing a topic which has exacerbated the secular-religious polarization in Israel. In discussing the fathers from Emanuel who were jailed, Derfner endorses the Charedi narrative of a struggle for religious liberty, rejects the ethnic bias charge as “a misperception fed by the mainstream media,” calls the result a victory for the Haredim, and describes the experience of the fathers themselves in moving words — moving, to the point of tears.

What follows are highlights, but I recommend reading the full article.

Chaim Krimalovski, one of the “Emmanuel prisoners,” recalls: “The most revered rabbis were coming up to me, sobbing, saying how … Read More >>

Answering Daniel Gordis

How the citizens of Israel speak about and to one another makes a great deal of difference. If anyone should understand that it is Daniel Gordis, Senior Vice-President of the Shalem Center.

More than anyone, Gordis has been responsible for breaking the painful news to supporters of Israel that there is little hope of peace in the near future. That was the thrust of his most recent work, Saving Israel: How the Jewish People Can Win a War That May Never End, for which he received the National Jewish Book Award.

Winning that war requires maintaining a modicum of civility when voicing our complaints about one another. Without a measure of unity, we will not prevail in that long war. Thus I was shocked by my friend’s recent vitriolic diatribe against the charedi community (“The Five-State Solution,” Jerusalem Post, June 25).

He fires a series of one-sentence accusations at the charedi community, not lingering over any of them long enough to interject even a trace of analysis, or nuance, or solutions. If charedim have ever contributed anything of value to Israel, or might ever do so, it has escaped his notice. Lifting a page from the old campaign posters of … Read More >>

Nechama For the Churban

Rav Yehuda Amital zt”l left last week for the Yeshiva Shel Ma’aloh. He was born Yehuda Klein in Grossvarden, Romania, and studied as a child in the local yeshiva, which was run by a transplant from the Mir. He suffered the destruction of his family in the Shoah, and spent eight months himself in a labor camp before being liberated by the Red Army on Simchas Torah in 1944.

Arriving in Israel, he learned in Chevron under R. Issar Zalman Meltzer, from whom he subsequently received semichah. (He would later marry his granddaughter, יבלח”ט Miriam.) He also learned with R Yaakov Moshe Charlop.

With the outbreak of the War of Independence, he was drafted into Tzahal, and fought at Latrun and the Western Galil. After the war, he served as one of the roshei yeshiva of Yeshivat HaDarom. It is there that he developed the concept of the Hesder yeshiva, and was one of the important forces bringing turning that vision into a reality.

After the June War, he accepted the position of Rosh Yeshiva of Yeshivat Har Etzion, a post he would retain until age 80, serving alongside יבלח”ט R Aharon Lichtenstein, shlit”a.

Rav Amital championed a new approach to learning Tanach … Read More >>

A Response to Rav Dessler Regarding Secular Study

While much of last week’s buzz concentrated on words that were never uttered, the issue behind it has been around for many hundreds of years. Should Torah chinuch stress limud Torah alone, taking a dim view of any other involvement, or should it include aspects of secular training and acculturation, large or small?

Most of our readers are familiar with the famous comparison made by Rav Dessler zt”l in Michtav Me-Eliyahu vol.3 pgs 355-360. Rav Dessler pointed out that chinuch in Germany, which included secular study according to the directives of R. Samson Raphael Hirsch, succeeded in producing laypeople almost uniformly observant. It did not, however, produce Torah giants. Eastern Europe, however, which allowed no secular involvement, produced many Torah luminaries. The price it paid, however, was the many dropouts from observance altogether.

Rav Dessler’s analysis was first published in 1963. Three years later, the journal Ha-Ma’ayan published an anonymous response. This response is not as well known as R. Dessler’s piece, and deserves some attention and thought, whatever people decide is the proper course for them.

It may be true, says the author, that R. Samson Raphael Hirsch’s Germany did not produce many Torah giants. It is not at … Read More >>

A Note to Cross-Current Readers

On a number of occasions my attention has been drawn to the fact that some of my essays posted on Cross-Currents have elicited in their comments sections negative remarks about, portrayals of, or insinuations concerning various groups of Jews. This pains me, primarily because I believe such sentiments prolong our golus, and secondarily because I feel complicit in them.

Halacha proscribes saying something positive about another person in front of someone who dislikes that person and who may then feel compelled to voice a negative feeling about him or her. The nature of a website is such that those who read its content will always include some who are ill-disposed to this or that individual, group of people, type of person, organization or movement. If an essay of mine that lauds someone or something causes others to feel a need to point out, blatantly or subtly, negative things about that someone or something, I am culpable.

I realize that there are guidelines for comments to Cross-Currents postings (they can be found at http://www.cross-currents.com/comments_and_tips/ ), but, for whatever reason, I have found that some comments my offerings have elicited have fallen short, sometimes far short, of what … Read More >>

Concentric Circles

Precisely the intense empathy we feel and express for our “inner circles” enables us to feel genuine concern for those in more distant … Read More >>

In Brief:

Matisyahu Made Him Cry

-- 1:50 pm

Matisyahu, for those who don’t know, is an American Jewish kid who grew up listening to reggae, became a BT, started singing Jewish-oriented reggae and became a (very) popular artist. His lyrics speak about Torah and Chassidic themes, but are sung in a “faux-Jamaican patois” to a reggae beat.

And one reviewer found Matisyahu’s “Jerusalem” speaking to his soul, lost his objectivity, and cried. “Critics aren’t supposed to cry at concerts. But I did.” Another Jewish heart yearning to come home.

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“Their Souls Are Screaming Out For What You Have”

-- 2:36 am

Unlike many New Yorkers I know, I do not have an easy time listening to Michael Savage. I squirm when caught in a car in NY when the driver tunes in to his show. While appreciating his support for Israel, I find his manner over the top, and his content simplistic. All this makes his July 12 remarks more significant, for the pure genuineness of his observations.

Apparently invited to a leyl Shabbos dinner, he meets ten Chabad teenaged girls, and is overwhelmed by their purity. It leads him to contrast their life style with that of their non-religious peers, and to advise them not to be jealous of the lifestyles of cultural icons, because nothing that the beautiful people have holds a candle to what the G-d-fearing have. He notes how many belong in rehab – and can’t stick it out. Why does their stardom fade and fizzle? Savage tells these girls quite simply: “Their souls are screaming out for what you have.”

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The New Israel Fund’s Israel Problem

-- 12:52 pm

Several weeks ago, an activist for disabled children, “Shlomit,” attended a seminar conducted by the New Israel Fund. She self-identifies as “left-wing, Zionist, and religious,” and she supports criticism of Israel. But she was unprepared for an NIF event in which she was surrounded by

activists who negated the State of Israel’s existence. With people who want to annihilate the State without ruling out violent means, who believe that the State of Israel was born out of sin and who apologize for its existence, who loathe Israel and its symbols, who justify harming Israel, its soldiers and all its institutions, who devote their lives and efforts towards turning Israel into a bi or multi-national country. In fact the above is inaccurate. These people are fighting for one nationality alone – Palestinian. These same people oppose communal or civil national service for Arabs within the State. They also equate Israel’s actions with those of Nazi Germany.

Ben-Dror Yemini, writing in Ma’ariv, added the following commentary:

NIF — no one understands you. When you say that you are for a Jewish democratic state, but you support organizations that work with all their might against a Jewish democratic state — no one understands you. When you say that you do not participate in the campaign to boycott Israel, but you fund organizations that support the boycott — no one understands you. When you say that you do not participate in the demonization of Israel, but your president says that “Israel is carrying out a massacre”- no one understands you.

Now Shlomit too does not understand NIF. At least she is in good company. She understands perfectly. You, NIF, are having trouble understanding…

You are like an ambulance rushing to help someone injured in a car crash who runs over several hundred people on the way. And the ambulance driver doesn’t understand what they want from him — “Me? But, my motives were pure.”

Hat Tip: World Jewish Daily

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Arafat’s Legacy Lives!

-- 3:55 pm

Bill Clinton has said that one of Yasser Arafat’s biggest mistakes in their conversations was trying to convince him that there never was a Jewish Temple in Jerusalem – that it had stood instead in Saudi Arabia. Clinton knew at that point that Arafat was nuts. (Arafat probably forgot that the Temple in Jerusalem figured in some Christian narratives as well.)

The madness did not stop with Arafat’s death. Many Palestinians are committed to cutting any ties between Eretz Yisrael and the Jewish people. Even Tehilim are more than they can handle, as this AP story demonstrates:

RAMALLAH, West Bank — When the iconic 1970s disco group Boney M rocked Ramallah this week, the local music festival prevented the band from performing one of its biggest hits.

Lead singer Maizie Williams said Palestinian concert organizers told her not to sing “Rivers of Babylon.” The song’s chorus quotes from the Book of Psalms, referring to the exiled Jewish people’s yearning to return to the biblical land of Israel.

Palestinians often question the Jewish historical connection to the Holy Land. Organizers said they asked for the song to be skipped, deeming it “inappropriate.”

“I don’t know if it is a political thing or what, but they asked us not to do it and we were a bit disappointed that we could not do it because we know that everybody loves this song no matter what,” she said.

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Answering For the President

-- 1:25 am

Not a question every rov has to answer….

As an Orthodox Jew, Jack Lew, President Obama’s choice to Director of the Office of Management and Budget, observes the religious restrictions on the Jewish Sabbath, which runs from sundown Friday to sundown Saturday. He leaves the office Friday afternoons in time to get home before sundown, and does not use electric or electronic devices, including the telephone.

Once, while working in President Clinton’s director, Lew’s home phone rang one Saturday. He didn’t answer and a familiar voice could be heard from the answering machine, urging him to pick up the phone. Mr. Clinton said he understood the sanctity of the Sabbath, but that it was important that he talk to Lew. He even said, it was later reported, that “God would understand.”

Lew later consulted with his rabbi, who said that taking an important phone call from the President of the United States would be permissible on the Sabbath under the Talmudic teaching that work on the Sabbath is allowed in order to save a life.

I imagine that the answer to the question would also turn on the likelihood that the Jew’s area of expertise could impact upon the lives of people, as well as some sense that the President knew enough about Shabbos and respected it sufficiently, that his request to pick up the phone indicated a real crisis. Bill Clinton, for all his other faults, had a deep love and respect for Scripture. Rabbi Menachem Genack, the head of OU Kashrus, sent Clinton a “parshah sheet” every week. If it came late, he would hear from the White House. Sometimes, the sheets were faxed back to Rabbi Genack with comments or questions scribbled in the margins.

[Thanks to Dr Barry Simon for the tip.]

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Supreme Court: “Blatant” Bias

-- 11:33 am

From Arutz-7: The Regavim Association has issued a report showing that the Supreme Court gives blatant preferential treatment to left-wing associations.

Regavim, The Association for the Preservation of State Lands, conducted a four-year review of lawsuits brought by various groups, and how those groups were treated in the “pre-ruling” stages, “when the legal merits of the various cases are not yet known.”

The report shows the Chief Justice Dorit Beinisch, in particular, is biased towards the left wing.

The preferential treatment towards lawsuits brought by the left wing is manifest in the following areas: Rushed proceedings, Beinisch’s participation on the judicial panel, the issuance of restraining orders against the State, intervention in government decisions, and especially the final rulings…

Regavim explains that its report concentrated on the procedural matters of a given suit, which take place before its merits are considered. “At this stage,” the report’s author, Betzalel Smutrich, explains, “the decisions reflect the judges’ basic positions and biases, if any, towards the matter. This is why the tremendous differences between the right-wing and left-wing petitions, as we show in the report, cannot be attributed to scholarly legal hairsplitting.”

“The facts described in the report clearly indicate a consistent and conscious policy that is based on political outlooks,” Smutrich says, “and it is led unequivocally by Chief Justice Dorit Beinisch.”…

“The public cannot be expected to place its trust in its judges under such circumstance,” he concluded.

Given that the Supreme Court is largely self-selecting, and in its bias simply follows the model of judicial activism of previous Chief Justice Aharon Barak (rightly described during Elena Kagan’s Senate confirmation hearings as the “Most liberal activist judge in the world“), Israel’s “alternate government” by judicial fiat is unlikely to end any time soon.

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Letter to the editor in the Five Towns Jewish Times

-- 4:57 pm


The letter below, from the Philadelphia Rosh HaYeshiva, appears in the current issue of the Five Towns Jewish Times

Dear Editor:

It has come to my attention that a recent article published in this paper by Rabbi Aryeh Zev Ginzberg has resulted in much negative reaction. Several rabbonim encouraged Rabbi Ginzberg to write his article, and he wisely chose not to state their names and expose them to the anger he feared might result from his words (though they were respectful and measured words throughout). As one of those who encouraged him, and to whom he submitted his article to ensure that I approved of it, I would like to publicly commend him for what he wrote.

The subject of Rabbi Ginzberg’s article was an invitation by an Orthodox shul to a speaker who is prominent because she received an “ordination” from an Orthodox rabbi. The invitee was asked to address the entire congregation as a “scholar in residence” and Rabbi Ginzberg correctly saw that fact as a subtle but clear embrace of what her “ordination” represents – an erosion of mesoras avoseinu, the holy Jewish heritage that governs the lives of all believing Jews.

That mesorah does not allow for women to fill certain roles of men, and rabbanus is one of those roles. This is not a matter of prejudice against women. It is a matter of recognizing that Hashem created men and women to serve different roles in life. Nor it is a matter of any dispute among recognized poskim. It was not only the rabbonim of the Moetzes Gedolei HaTorah who drew that line but rabbonim who are looked up to for direction by Orthodox Jews outside the haredi world as well.

Knowing Rabbi Ginzberg as I do, I am certain that he does not, cholila, have any ill will toward the speaker. What motivated him to write what he did was a rightful obligation to defend the integrity of our mesorah – an issue larger than the invitee, larger than her rabbi, larger than the differences between various Orthodox shuls and their respective standards.

An Orthodox shul, whatever “stripe” it is, has a responsibility to avoid promoting, even unintentionally, departures from our mesorah. Rabbi Ginzberg saw the invitation here as inconsistent with that responsibility. And I feel, as I felt when he approached me, that he is absolutely right.

Rabbi Shmuel Kamenetsky

Comments Closed

Anti-Sefardi Discrimination – a Time Honored Tradition

-- 2:01 am

It may have a longer history than many of us realize. Thumbing through a Seder HaDoros in the Philadelphia Kollel, my son chanced upon the following passage:

From the Portuguese Expulsion they spread out to the four corners of the earth. Some of them came to Italy. The Roman community pledged a thousand ducats to the Pope, so that he should not allow the Jewish Sefardim to enter his territory. The Pope was angered by this, saying, “How can you be so cruel to your brothers?” He decreed that they should leave his territory, and the Sefardim should enter instead of them. They were compelled to expend much money to annul this edict.

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An Elegant Afterword on Emanuel

-- 5:10 pm

One of the several Emanuel pieces in Mishpacha this week concludes with one of the most helpful summaries I have seen to date. No posturing, no delusions. Enough open-mindedness to distribute blame and responsibility all around – and to dream of a better day. Let no one say that the haredi community stifled the voices of introspection.

It would be wrong for the chareidi community to point fingers at the Supreme Court and not take a moment for some serious introspection as to what this story means to us.

First of all, while the race allegations against the Slonimer community are wrong, we cannot whitewash the facts. There have been schools in which families weren’t accepted into the school for no other reason than their creed or background. It is very possible that the parents now in jail are serving a sentence because of the actions of some haughty school principals in other communities who ignore the calls ofgedolei Yisrael to run admissions based solely on academic standards and other objective criteria, such as tzniyus and the kedushah of the home.

The second lesson, then, is that there are no free lunches. When you take money from someone — and certainly when you take 90 percent of your funding from them — they call the shots.

Third, in regard to chareidi public relations efforts. Last week’s massive rally finally conveyed to the public at large the true issue in Emanuel. The chareidi community got the message out to the people, but it was too late. There should have been efforts — both in the Supreme Court and in the secular media — to tell the true story of Emanuel. Had the Sefardic parents whose children are enrolled in the chassidic track spoken earlier, much heartache could have been avoided. Furthermore, hiring a competent Sefardic lawyer to fight the case would have gone a long way towards convincing the court that the parents were not racially motivated.

The community as a whole failed, and parents from Emanuel are paying dearly for the failure.

And so, Thursday’s rally. According to police estimates, some 30,000 people filled the streets of Bnei Brak, and more than 100,000 participated in the rally in Jerusalem. The rallies carried an important message: when forced against the wall, the chareidi minority will not cave to the secular majority, and unless it is willing to exert full judicial power on religious Jews, the country will need to reestablish a system of respect and understanding of each other.

But only by learning the above lessons can the chareidi community in Israel hope to change the dynamics from within

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Somewhat On The Lighter Side

-- 10:37 pm

But not really.

A Yemenite friend walked into my office. I hadn’t seen him since the current crisis began. We traded notes, and quickly found that we agreed on all essential points: discrimination is rampant; the Court’s incarceration of the parents is unconscionable and a horrific exercise in the powers of the most activist court in the world; whatever we felt about restrictive admissions policies in schools (where we differed), once the Court decided to order parents where to send their children, the community had no choice but to resist.

Then, we both found something else we agreed upon. It was tragic that every group we know of, both in Israel and the US, lost an opportunity to undo the image of a hundred thousand “marchers for apartheid” that has been imprinted in the minds of hundreds of millions of viewers. So many people and organizations had the chance of appending a line at the end of their statements to the effect that, “We march because the actions of the court in this case affect us at our core. We do not minimize the real problem of discrimination that has plagued many sectors of this country, including our own, for decades. We ask everyone to probe a bit deeper to get at the root causes of this prejudice, and commit themselves to work for its eradication.”

My friend, always chipper, concluded with an anecdote that is funny only because we understand how true and common it is.

Mr. Mahpoud walks into the Beit HaMishpat, and asks for the forms to legally change his name. “What are you changing it to?” asks the clerk. “Goldberg,” says Mahpoud. The clerk smiles knowingly. He’s seen this before.

Two weeks later, Mahpoud/Goldberg is back on the same line. He asks for the same form. “I want to change my name to Rabinowitz,” he says.

“What’s wrong with the name ‘Goldberg?’ asks the clerk.

“Nothing. But every time I use it, they ask me for my previous name.”

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Letter From the Slonimer Rebbe, Shlit”a

-- 2:27 pm

Anyone who has studied Nesivos Shalom, or knows Slonimer chassidim, would not associate them with extremes of zealotry. This has added to the confusion about the Emannuel tragedy, especially the negative media coverage. On the other hand, given the legacy of the Nesivos Shalom, one of the first things that comes to mind is taking chinuch seriously. The following letter from the Rebbe reinforces some of the positive images, and adds a personal touch. It certainly proclaims that pushing the tension between secular authority and Torah was not on the agenda, but once raised, allows for little compromise. There is no more nor any less essential conflict today than there was for the last 62 years. Smart people realized that the best modus vivendi is often to avoid bringing a conflict to a head. I think there are smarter people in Slonim than there are on the High Court.

Thanks to Doron Beckerman for the quick translation from the Hebrew:

    Nation of Hashem, Be Strong and Let Us Gather Strength

To our beloved, dear community, Hashem is upon them, may they live. Be strong and may your hearts gather courage, all those who hope to Hashem.

During these difficult days that our congregation, may Hashem guard and protect them, is enduring – His advice is faith, and this is Hashem in whom we place our hope, we will rejoice and be jubilant in His salvation.

Know this: Had I thought that the court justices believe what they say, that the school in Emanuel is founded on racial discrimination, it seems to me that I would act differently.

However, since I have no speck of a doubt that they know the truth, that all their words are based on falsehood. If so, this is nothing but a struggle between faith and heresy, between the force of holiness and the force of impurity of the Other (evil) Side, – a struggle that we always knew would erupt at the End of Days.

And in a struggle over sanctification of Hashem’s Name – even if they will place us before a firing squad – we will not yield nor compromise a hairsbreadth!

Hashem is our King and we are His servants until our final breath.

And I call to all believers in Israel:

Please join us in this exalted struggle, the struggle that has been awaited and anticipated for generations, “when will it come to my hand, that I should be able to fulfill it”.

17 Comments

Emmanuel Sidebar

-- 9:50 am

The below, by Rabbi Chaim Dovid Zwiebel, Agudath Israel of America’s executive vice president, appears in Hamodia as a sidebar to a larger report on the Emmanuel school situation

In 1922, Oregon voters passed an initiative amending the state’s law to require all schoolchildren to attend public school, in effect, disallowing private schools, including religious ones (in Oregon, primarily Catholic). Two lawsuits were filed, one by a religious school. That case, known as Pierce v. Society of Sisters, was decided in the school’s favor by a panel of the Oregon District Court. The decision was appealed to the United States Supreme Court, which handed down its ruling on June 1, 1925.

The Supreme Court unanimously upheld the lower court’s decision and thus enshrined in federal law the right of parents to choose the school setting most appropriate for their children.

The language of the Supreme Court ruling is clear, pointed and remarkably relevant to the situation facing the parents of Emmanuel.

“[W]e think it entirely plain…,” the Court declared, “that the Act of 1922 unreasonably interferes with the liberty of parents and guardians to direct the upbringing and education of children under their control.”

“As often heretofore pointed out,” it continues, “rights guaranteed by the Constitution may not be abridged by legislation which has no reasonable relation to some purpose within the competency of the state. The fundamental theory of liberty upon which all governments in this Union repose excludes any general power of the state to standardize its children by forcing them to accept instruction from public teachers only.”

And then the decision distills the essence of the matter: “The child is not the mere creature of the state; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations.”

Israel’s Supreme Court did not hesitate to invoke Brown v. Board of Education and other U.S. Supreme Court rulings in its decisions about the Emmanuel school and parents, trying to draw a misleading parallel between haredim and racists of the 1950s. Unfortunately, though, the honorable Israeli justices neglected to cite the U.S. Supreme Court case most directly on point – the one that clearly establishes the fundamental right of parents to select the school where their children will be educated.

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Agudath Israel Reacts to Rubashkin Sentencing

-- 4:10 pm

Reacting to U. S. District Court Judge Linda Reade’s sentencing of former Agriprocessors CEO Sholom Rubashkin to 27 years in prison and five years probation, Agudath Israel of America executive vice president Chaim Dovid Zwiebel issued the following statement:


This is a dark day.

It is a dark day for American justice. Judge Reade has ignored not only the expert opinion of six former United States Attorneys General and numerous other high-ranking former Justice Department officials that Mr. Rubashkin’s sentence should be significantly less than that recommended by the U.S. Attorney; she has imposed a sentence even more draconian than what the U.S. Attorney sought. There is something very wrong with this picture.

It is a dark day, as well, for American Jewry. While none of us condones any wrongdoing by Mr. Rubashkin, the extraordinary severity of the sentence imposed upon one of our Jewish brothers sends chills of shock and apprehension down our collective spine. This is a horrifying development.

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Supporters of Sholom Rubashkin Outraged by Excessive Prison Sentence

-- 12:55 pm

From the JTA:

Sentence of 27 Years Inconsistent with Calls from Legal Community for Judge to Avoid Disparity of Justice

CEDAR RAPIDS, Iowa – Family, friends and supporters of Sholom Rubashkin expressed outrage Monday after the federal court announced a sentence of 27 years in prison for Rubashkin for his bank fraud conviction. The sentence is greater than the amended recommendation from prosecutors, and is inconsistent with calls from throughout the legal community for Rubashkin to be sentenced in a manner similar to other men and women convicted of white-collar crimes.

“The sentence is greater than necessary, indeed, it is greater than what the government asked for,” said Guy Cook, a member of Rubashkin’s legal defense team. “It is unfair and excessive, essentially a life sentence for a 51-year-old man, and is not in the public interest.”

The Hon. Bob Barr announced Monday that Rubashkin will appeal the verdict and the sentence.

“This sentence is inconsistent with the overwhelming view of the legal community, including six former U.S. attorneys general, who have all said a first-time, non-violent offense does not warrant a multi-decade sentence,” Barr said. “The court’s sentence today is even more than prosecutors asked for, which is a very disturbing development.”

4 Comments

Statement of the Jerusalem Beis Din

-- 12:20 pm

Late yesterday the news services were abuzz with news of a possible settlement in L’Affaire Emmanuel, with the news that Yoav Lallum had signed an arbitration agreement with the Beis Din of HaRav Avraham David Levin. Mr. Lallum, by the agreement, had to immediately withdraw all suits with Israel’s secular High Court.

Today it emerged that Lallum manipulated the Beis Din, and its words were immediately twisted and misrepresented. Lallum has apparently told Israel Radio that the reason the Beis Din did not move forward is because none of the parents from Emanuel signed the agreement. Besides that most of them are now imprisoned due to his actions, the Beis Din made withdrawal of the Supreme Court actions a precondition. Lallum has added mocking the Beis Din to his list of offenses.

Beith Din Tsedek
Jerusalem
28 Chayei Adam Street

Founded in the year 1978 by HaGaon Rav Levin zt”l

Ninth of Tammuz 5770 (June 21 2010)

File number 1590

Slonim of Emanuel et al (side A) vs. Yoav Lallum et al (side B)

Protocol

As of now, the Beth Din has not received any notice stating that Mr. Lallum notified the Supreme Court on his alleged withdrawal of his suit against side A. This, despite the decision of the Beth Din yesterday afternoon that he is obligated to do so immediately, within three hours.

The decision of the Beth Din yesterday –that beginning this year there should be no divisions in the Chinuch Atzmai Emanuel School unless ordered by the Beth Din – has been spread to the media as if “the Beth Din supports the ruling of the Supreme Court …that the school was divided racially.” This has created an awful desecration of the Holy Name, and goes against all the Gedolei Yisrael that came out against this Supreme Court ruling.

Decision and Clarification

1. First it shall be clarified, that after Mr. Lallum signed on the letter from the Beth Din, the Beth Din agreed to enter into this issue in order to save the women from imprisonment, and also to free the men. For that reason the Beth Din required of Mr. Lallum that he withdraw all requests of the Supreme Court, such that the requests of Mr. Lallum be denied.

2. Given that it has become clear that Mr. Lallum broke the order of the Beth Din from the fourth of Tammuz (June 16 2010), and turned to the Supreme Court to judge against Chinuch Atzmai for contempt of court, to remove from it funds and to remove permission from the Emanuel parents to make a private school.

3. And given that Mr. Lallum has not complied with the Beth Din’s order yesterday to withdraw his claims from the Supreme Court, and he has made this conditional upon various conditions not in accordance with the opinion of the Beth Din, and he has misused the conclusions of the Beis Din to the media — therefore the Beth Din views this as breach of the decision of the Beth Din, and the judgement that was established between the sides today is null and void.

4. His decision of last Wednesday to turn to a secular court without any approval of the Beth Din is akin to brazen rebellion against the Torah of Moses.

5. The Beth Din clarifies that its order yesterday was not intended against side A concerning the division that was done in the school in Emanuel, in so far as no parent in Emanuel ever came to protest against this division of levels of education in the school.

6. The interpretation that was given to the media concerning yesterday’s Beth Din decision as if it supported the Supreme Court ruling or agreed that there was racism, is an utter and wicked distortion. The decision of the Beth Din – like that of all the Gedolei Yisrael – was that every decision in the management of schools shall only be according to the directives of the Gedolei Yisrael. It is Da’as Torah which decides, and none other.

N.B. Given that Mr. Lallum’s intent, in his claim, was against the administrators of the Chinuch Atzmai schools, and not specifically the parents and others in Emmanuel, thus our restraint order was entirely not directed against side A.

Signed,

HaRav Avraham David Levin, Av Beth Din
HaRav Mordechai Eichler
HaRav David Yehoshua Kenig

With the Seal of the Beth Din Tsedek, Chayey Adam Street, Jerusalem

3 Comments