web analytics
August 29, 2014 / 3 Elul, 5774
At a Glance

Posts Tagged ‘law’

Military Courts Chief to Consider Imposing Israeli Law in Judea and Samaria

Thursday, November 29th, 2012

President of the military court in the West Bank Colonel Aharon Mishnayot says he will promote an initiative to apply Israeli Penal Law in Judea and Samaria, where military security laws and Jordanian criminal law have been in effect since 1967, Haaretz reports this morning.

Since the Israeli occupation of Judea and Samaria is still considered temporary, the Jordanian penal code is still the law of the land, together with some 1700 military orders that have been added over the years. Nevertheless, court procedure and the rules of evidence are followed as they are in Israel, based on a military order to that effect.

Security laws are by far more stringent in Judea and Samaria than they are in Israel, in order to cope with terrorism-based felonies. For instance, murder is punishable by death in Judea and Samaria (the law was never implemented), compared to life in prison in Israel. Attempted murder gets life imprisonment compared to 20 years in Israel. On the other hand, Jordanian law does not punish a man who rapes his wife. The two codes also differ on the rights of detainees and on detaining and interrogating minors.

Pointing out that Colonel Mishnayot is a resident of Efrat, in Judea, Haaretz reports that recently, as chief of the military courts across the green line, he has been promoting the idea of legal reform that would apply the full Israeli Penal Law in the territories under his jurisdiction.

Mishnayot is careful to emphasize that his aim is not to introduce a de facto annexation of Judea and Samaria, but to put an end to instances of injustice stemming from the differences between the codes which often contradict each. He proposes to use a military decree to impose Israeli law in the “territories,” a factor which would be a barrier before an unwanted slippery slope toward annexation.

Haaretz notes that Israeli law already applies in Jewish towns in Judea and Samaria, and new laws enacted in Israeli are automatically applicable in those areas. Israelis who commit felonies in J&S are tried in Israeli courts according to Israeli law.

Real estate law, on the other hand, is a true legal nightmare currently, being comprised of a seemingly random hodgepodge of Turkish, British, Jordanian, military and Israeli laws, a fact which on occasion is being used by forces hostile to Jewish settlement in the area to annul legal transaction and uproot legal residents.

The IDF spokesman’s office pointed out that the decision on Mishnayot’s proposal will be made in time by those in charge of legal issues in the area.

After A Few False Starts, A Match Made In Heaven

Wednesday, November 28th, 2012

I almost never met the man I married.

No, I am not from a very strict chassidishe home where dating is taboo and a brief meeting suffices before the engagement is announced. My husband and I actually dated for a few months, by which time my parents were beginning to grow concerned and the neighbors were having a heyday gossiping about us. But if not for a significant helping of siyata dishmaya, we never would have managed to get together in the first place.

First of all, I was only redd to my husband on the rebound. My brother-in-law had been learning in Lakewood for many years and was in a prime position to scout out prospective chassanim for me. He did some research, came up with a very promising candidate, approached the boy, and suggested the shidduch. Bingo! The bachur was interested in pursuing the shidduch, except for one minor hitch: He had just started dating another girl. I was next in the queue – except that my turn never came. Baruch Hashem, he ended up getting engaged to the girl he was seeing.

So it was back to the drawing board for my brother-in-law. He mentioned the dilemma to his wonderful chavrusah of many years and the two of them brainstormed together. Actually, they just raised their eyes a row or two ahead of them in the huge beis medrash and spotted the chavrusah’s first cousin. He had serendipitously just returned to the U.S. from learning in the finest yeshivos in Eretz Yisrael, in order to start the shidduch parshah. After a brief interlude of “botteling,” the deed was done; they had decided to set up the sister-in-law with the cousin.

The bachur readily approved of the suggestion, and the ball quickly passed to my court. Ordinarily, after past dating blunders, I was generally very fussy and discriminating about the boys I dated, and usually came armed with an exhaustive list of questions and demands, one more trivial than the next. He should not be too tall or too short, too thin or too heavy, beards were definitely out, etc.

This time, however, I either forgot or skipped the interrogation, and accepted the suggestion without launching an FBI investigation. Had I followed my usual pattern, we probably would not have made it to the first step.

The next hurdle was the boy’s name. I had no problem with his unique and cool-sounding first name, but my two very yeshivish brothers were up in arms. That is, until they read that week’s sedrah and encountered that very name in black on white. They then offered a sincere apology along with their blessings.

I later found out that when my mother-in-law was in the hospital following my husband’s birth she had asked her mechanech husband to bring her something to read. He did. A Chumash! She read through several parshiyos and ended up selecting a biblical name that was far from run-of-the-mill.

Kishmo kein hu, like his unusual name, my husband had likewise always been unique in many ways. Following the orchestrations of the exalted Shadchan on High, he also became uniquely mine.

The rest, as they say, is history.

How in Losing a Congressional Race I Found More of Myself

Wednesday, November 7th, 2012

A few hours ago I lost my bid to unseat Congressman Bill Pascrell in New Jersey’s Ninth District. But thank G-d, I’m in a good place and miraculously in a good frame of mind. I’m writing this late at night to capture my thoughts and feelings after investing approximately seven months of my life in this endeavor.

Firstly, believe it or not, I don’t feel sadness but contentment (although I can’t predict how I’ll feel in the coming days). Why contentment and relief? I set out to accomplish certain goals, and though I wish I had been more successful at advancing them, I feel we met many of those goals and I’m grateful to G-d for having made it through the campaign with a positive message.

First, I wanted to be a voice for universal Jewish values in politics. For years I had felt America was becoming obsessed with talking about gay marriage rather than heterosexual divorce. Abortion rather than men respecting women and replacing the recreational nature of sex with something of its sacredness. Contraception rather than the joy of children. I wanted to bring something of the joy of Jewish values to supplant some of the austerity of the Christian social sexual values which have come to dominate our social discourse and divide our nation.

I also wanted to run an ideas-based campaign that focused less on fundraising and more on novel policies that could address the values rot in American culture. I didn’t want to talk only about economics, deficits, and national debt, but the value of human dignity that accrues through self-reliance, self-sufficiency, and economic independence.

Most of all, I wanted to demonstrate that religious Jews, running campaigns based on Jewish wisdom and values and founded on a platform of a proud Jewish identity, can compete as viable candidates in politics and in every other sphere of American life. From the constant, positive, national attention our campaign has thank God garnered, we have shown that being an orthodox, committed Jew is not in any way a hindrance or limiting factor.

I knew from the beginning that running in a race where Democrats outnumbered Republicans four to one was like climbing a political Mt. Everest. But it was the journey that mattered.

And here is what I have learned. Running for public office has a profound maturing effect on one’s character. You have to wake up every morning and figure out how will you maneuver to deliver your message through all the noise and clutter of the media and the friction of politics. It toughens you up and sharpens your instincts. It humbles you and makes you utterly dependent on all the people around you. People you might, in your arrogance, have otherwise overlooked are now your masters. Every single one matters. And whether they embrace you or reject you, it is always they who are important with you being subordinate.

Abraham Lincoln, on a day that happens to be my birthday (November 19), gave the Gettysburg Address where he spoke of government of the people, by the people, and for the people. For once, I wanted to experience what it was like to be ‘of the people.’

Never once in my campaign did anyone make me feel that being a Rabbi meant I could not be their candidate. True, many of the Arab-Americans in our district challenged my position on Israel. But they always did so with respect and hospitality. (Please read my column on all the people I met in the race).

The Republican party, which suffered a huge defeat on so many levels tonight, needs to make some serious changes. They cannot highlight the social sexual issues which distract us from fixing so many of America’s real social problems, like increasing narcissism on the part of our youth, a catastrophic divorce rate, the portrayal of women in much of the media as a man’s plaything, the absence of a year of national service, the increasing loss of intellectual curiosity on the part of much of the electorate as shallow reality TV shows make us think less, and our addiction to material objects to bring us happiness. We also have to deal with immigration in a compassionate and sensitive manner. True, people who come here illegally are breaking the law and being unfair to all those who wait to enter by legal means. But before we throw the full book at them – and let me be clear that they should not be breaking the law – let’s at least understand that so many of them do so to feed their babies or to send money back to very poor families. They are breaking the law, but that does mean that they are criminals in the usual sense of the word. Their humanity has to be preserved at all times and we have to find a way to deal with 12 million undocumented workers, many of whom have made America their home for many years. Not to address this problem is not only to risk further electoral defeat, but it is to compromise our values of compassion, even as we rightly insist on the vital framework of law.

Finishing my campaign with a positive energy and dignity, even as I keep the door open to the possibility of further political involvement, also allows me to put some of the unavoidable awkwardness of partisanship – much as I have tried to avoid it – behind me. Two hours after my defeat my dear friend and brother Mayor Cory Booker of Newark came to my home to hang with me and cheer me up. We had a great time discussing all the things that connect us, like a deep love and spiritual friendship of twenty years, without politics being on the agenda.

Now is the time for America to come together and fix its problems. I fought hard against Bill Pascrell. But when I called him tonight I told him he will be my Congressman and I bow fully to the majesty of the magical democratic system under which we are all so privileged to live. Likewise, President Obama continues as my President. I don’t agree with both men on many things. But I will work with them to create an America that is unified and that is fully focused on being the light of liberty, prosperity, and freedom to every corner of the earth.

God bless all of you and God bless America.

Gaming the System

Monday, November 5th, 2012

One of the more troubling issues for me about the current right-wing push for all of their students to learn Torah full time for as long as possible (well into their marriage and long after having a number of children to support) is the way in which this is financed.

I have long ago expressed my disagreement with this policy as it is currently applied. The idea of directing every single male in all of Jewry into a life of Torah study as the ideal (to the exclusion of any other productive endeavor) is anathema to the very idea of a Jewish nation.

I am not going to go into the details as to why I feel that way in this post other than to say that I do not believe God wants His people to not fully utilize all the individually different talents He has granted them. Every individual Jew is different with talents in a broad range of different fields. They ought to choose those fields where their talents lie.

For those whose talents are uniquely geared to Torah study – that is the best use of their time. But for those whose talents are suited elsewhere, they should find out what they are, utilize them that way and thus make a far greater contribution to God, Judaism, and the Jewish people.

The Lakewood ideal is to sublimate those talents into full time Torah study.

One of the terrible consequences of this push for every male to spend his life learning Torah is the material cost. This is most acutely felt in Israel. But Americans who do this aren’t exactly living the good life either. Learning full time means they do not earn any money outside of a meager stipend a Yeshiva like Lakewood pays. Those funds cannot possibly support them enough to put a roof over their heads, put food on the table, send their children to private religious schools (even those with very low tuition) and other expenses required just to live a bare-bones modest lifestyle.

While it is true that many Kollel wives work to support their husbands they rarely make enough to support their very large families. Sometimes there are parents and in-laws that help. But that too is not enough, and is drying up a source of income with every succeeding generation. More than ever young people are being convinced to spend their lives in a Beis HaMedrash well into their prime earning years.

One of the ways Lakewood helps its Avreichim is by teaching them how to game the system. By this I mean applying for every possible federal dollar available to students who need financial aid to continue their advanced studies beyond high school. One of the most commonly used federal programs is the Pell Grant.

The Pell Grant was created 40 years ago by then Senator Claiborne Pell to provide financial aid to low income students enabling them to access higher education. While these Avrechim do apparently qualify under Pell Grant guidelines I nevertheless find this to be a misuse of the system.

I do not accuse them of stealing from the government. But there is no way that the Pell grant was ever intended to be used as supplemental income. Which is for the most part how it is used.

A lengthy article in the Forward has taken a closer look at this situation. Here are some of their troubling observations.

Said Heather Valentine, vice president of public policy at the Council for Opportunity in Education put it:

“It’s not just about creating the access to higher education… It’s about making sure that students are… graduating and getting placed in jobs.”

I think that Lakewood and the rest of the Yeshiva world that promotes full time learning understands this. This is how they have addressed the issue:

Proponents of yeshiva education point out that critical thinking and argumentative skills that develop while poring over Talmud — not to mention grueling day-long study sessions broken only for prayer and meals — serve students well for careers in many professions, particularly business and law.

In her book, “Heart of the Stranger: A Portrait of Lakewood’s Orthodox Community,” Botein-Furrevig said the current CEO of BMG (Lakewood), Kotler’s grandson Aaron Kotler, told her that BMG has “a successful job placement service” for graduates and that many students go on to careers in “business, the rabbinate, academia, medicine, finance, law or technology.”

Is this not Gneivas Daas (deception)? I have no doubt that there have been and still are students who have attended Yeshivos like Lakewood and have gone on to a wide variety of successful careers like those mentioned by Lakewood CEO, Rabbi Aaron Kotler.

But to imply that they have a successful job placement service in the fields of medicine, law and technology when that is not the case is simply wrong.

I believe the opposite is true. With the exception of helping their students find jobs in Chinuch or similar jobs, they do nothing to support students seeking careers in any of those fields.

They don’t even approve of schools like Touro and consider a lifestyle outside of learning to be less than desirable. I will never forget the remarks Lakewood Rosh HaYeshiva Rav Malkiel Kotler made along those lines about Dr. Bernard Lander – founder of Touro upon his passing

I understand the need for Lakewood and similar Yeshivos to help their students find legitimate and legal sources of financial aid. But I do not understand misleading the public about how these schools live up to the expectations of helping their students find decent careers – when doing so is anathema to its philosophy.

If that isn’t Genivas Daas, I do know what is. Need based stealing does not justify doing it. Even if it is done for the lofty goal of learning Torah.

Visit Emes Ve-Emunah.

Did You Know This About Mormonism?

Wednesday, October 24th, 2012

Did you know this about Mormonism?

…The Book of Mormon clearly states that Nephi built a temple modeled upon the temple of Solomon upon arriving in the Americas (2 Nephi 5:16).  In addition, the Book of Mormon says that other temples were built in the Americas (see 3 Nephi 11:1 and Helaman 3:14)…the Israelites in the Americas were trying to faithfully follow the law of Moses…

From a commentary:

Ne 5:16 I, Nephi, did build a temple

This temple was fashioned, as Nephi says, after the temple of Solomon. It is fair to conclude that they practiced the same forms of animal sacrifice that were performed in the temple in Jerusalem. The only difference between the administration of the temple of Solomon and Nephi’s temple is that the Nephites were not of the tribe of Levi, and therefore the priesthood they held was the Melchizedek priesthood (2 Ne 6:2). As Melchizedek priesthood holders, they could administer all the temple ordinances which were done according to the Levitical order.

And more.

Visit My Right Word.

Palestinian Statehood, Terror, and the US Election (Pt. 2)

Wednesday, October 24th, 2012

Whenever an insurgent group resorts to openly unjust means, its actions become incontestably terroristic. Even if the ritualistic Palestinian claim of a hostile Israeli “occupation” were somehow reasonable rather than invented, the corresponding right of entitlement to oppose Israel “by any means necessary” would be false.

Significantly, any openly unjust means would remain an obvious expression of terrorism, even if these means were sponsored by a now accepted sovereign state. Alternatively, in these post-independence circumstances, such means could also become a war crime.

Whatever the particular issue at hand, international law always has determinable form and content. Its principles and practices cannot be fashioned and re-fashioned by individual terror groups or by terror-supporting states in order to satisfy certain presumed geo-political interests. This is especially the case wherever terror violence purposely targets evidently fragile and vulnerable civilian populations.

Whatever their cause, national liberation movements that fail to meet the test of just means can never be protected as lawful or legitimate. Even if we could accept the intrinsically spurious argument that Hamas and/or Fatah are somehow able to fulfill the explicit criteria of “national liberation” movements, it would remain perfectly obvious that they still do not meet the recognizable standards of discrimination, proportionality, and military necessity. These authoritative standards of humanitarian international law are made most prominently applicable to insurgent organizations by the common Article 3 of the four Geneva Conventions of 1949, and also by the two 1977 Protocols to the Conventions.

These core standards are also binding upon all combatants by virtue of broader customary and conventional international law, including Article 1 of the Preamble to the Fourth Hague Convention of 1907. This rule, generally called the “Martens Clause,” makes all persons responsible for upholding the “laws of humanity” and, reciprocally, the “dictates of public conscience.”

Under international law, the ends can never justify the means. As in the case of war between states, every use of force by insurgents must be judged twice, once with regard to the justness of the objective (in this case, a Palestinian state that seeks to be built upon the ruins of a correspondingly dismembered Israel), and once with regard to the justness of the means used toward achieving that annihilatory objective.

In law, murderers of mothers and young children who take an undisguised delight in the blood of their victims can never be “freedom fighters.” Indeed, if ever they should become entitled to such a laudatory designation, we would then have to recalculate the authentic meaning of international law. More precisely, we would have to concede that such law was really nothing more than a quaintly veneered authorization for unhindered evil.

American and European supporters of a Palestinian state continue to presume that Palestine would become an agreeable part of a two-state Solution. For these optimistic believers in “peace,” this 23rd Arab state will gratefully coexist with a still-standing Jewish state. Both U.S. presidential contenders should understand this presumption is plainly contradicted by the undisguised expectations of leading Palestinians, and is regularly dismissed everywhere else in the Arab/Islamic world.

Again, consider cartography. The official Map of Palestine at the PA website continues to include all of Israel. Significantly, there is only one state on this map. As readers may already know, it is not Israel.

The Palestine Liberation Organization was formed in 1964, three years before there were any “occupied territories.” What, exactly, was the PLO attempting to “liberate” between 1964 and 1967? There is no more important or primary question.

In all law, terrorist crimes mandate universal cooperation in both apprehension and punishment. As required punishers of “grave breaches” under a still-decentralized regime of international law, all states are required to search out and prosecute, or to extradite, individual terrorist perpetrators. In absolutely no circumstances are states permitted to characterize terrorists as “freedom fighters.” Any such characterization would reject the fixed obligations of international criminal law.

In absolutely no circumstances are states permitted to support terror violence or war crimes against other states.

This is most emphatically true for the United States, which incorporates all of international law as the “supreme law of the land” in Article 6 of the Constitution, and also in certain Supreme Court decisions. Though almost no one seems to be familiar with such an “arcane” history, this American nation was formed by its Founding Fathers according to the timeless legal principles of Blackstone’s Commentaries and in conformance with antecedent and universal Natural Law.

Working Toward Abuse-Free Yeshivas

Wednesday, October 24th, 2012

What can a yeshiva do to institute practices that will help prevent any form of abuse?

Our community has become a focal point of scrutiny for not responding with greater fervor to the allegations and occurrence of sexual abuse. Not only does this create pain and suffering for victims and their families, it greatly undermines the very institutions built to help protect them. Yeshivas are bedrocks of our community, not only for education but also as a safe harbor for our children.

The following suggested course of action, though by no means comprehensive, provides a frame of reference for yeshivas, day-care centers and similar entities to adopt or to strengthen current action plans.

Establish standards: This gives principals, deans, executive directors and boards of directors an organized plan and a system to implement for both prevention and response.

In May 2003 Torah Umesorah issued its Statement on Behavioral Standards on the Prevention and Response to Child Molestation. Torah Umesorah reissued this in July 2007. Professor Aaron Twerski and I prepared these behavioral and reporting standards at the behest of roshei yeshiva “for principals to implement in their yeshivas and day schools, which, it is hoped, will strengthen the protection of students.”

Create a zero tolerance mindset: The proliferation of drugs in public schools in the 1980s led to the popularization of the drug-free school concept. This involved the development of a strong and active plan by administrators, faculty, parents, police and the community and greatly strengthened the ability to keep drugs out of schools, thus keeping children safer.

Key points of an abuse-free yeshiva include: training faculty in prevention and response; sending a clear message to students and parents that disclosure of any inappropriate conduct will be confidentially investigated; letting victims of abuse know they will be supported; and fostering a perception and understanding that perpetrators will be reported and prosecuted. All this creates a clear mindset of a zero tolerance policy.

Fingerprint all faculty and employees of the yeshiva: This is currently required in public schools, though not in private schools. True, it is an added expense, albeit an important one. This system would immediately alert the school of any employee previously convicted of any crime, including sexual abuse, as well as notify the school of any arrests that occur while s/he is in their employ.

There are too few child molesters in our community who have been arrested and prosecuted and few are registered sex offenders. Thus we are far away from a foolproof system. Yet if we collectively implement the fingerprinting of all yeshiva faculty and employees, yeshivas over time will become safer havens to teach and nurture our children.

Elliot Pasik, Esq, president of the Jewish Board of Advocates for Children (JBAC) has long advocated for fingerprinting in schools and he stresses that one should not underestimate how favorably parents will view yeshivas that voluntarily undertake this important step as an additional measure to protect their children.

Follow the law: The Torah Umesorah guidelines state that when there is reason to believe such a violation has occurred, the reporting of fondling, touching or any form of lewdness is not considered mesirah.

Kol Tzedek, a program under the purview of the office of Brooklyn District Attorney Charles Hynes, is a good resource for training faculty or providing guidance on mandated reporting law.

It is known that child molesters groom children, which first involves gaining their trust. This opens the door for the molester to abuse the child, subsequently instilling shame or fear in the youngster and inhibiting the victim from coming forward.

Following the law opens the door on reporting, thus hopefully closing the door on abuse.

David Mandel is chief executive officer of OHEL Children’s Home and Family Services and can be reached at dm@ohelfamily.org.

Printed from: http://www.jewishpress.com/indepth/opinions/working-toward-abuse-free-yeshivas/2012/10/24/

Scan this QR code to visit this page online: