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January 21, 2017 / 23 Tevet, 5777

Posts Tagged ‘supreme’

‘Don’t Put Her Back in the Cage’ – Supreme Court Enjoins Rabbi from Voiding an Aguna’s Divorce

Wednesday, January 11th, 2017

Supreme Court Vice President Elyakim Rubinstein on Wednesday issued a harsh criticism of the intent of the Supreme Rabbinic Court to reconsider a ruling of the regional rabbinic court in Tzfat granting via an exceptional procedure a get-divorce decree to a woman whose husband had been in a coma for nine years, Walla reported.

The Tzfat rabbinic court employed an exceptional process known as “zikuy get” (awarding a divorce) to circumvent the halakhic requirement that a get be given with the explicit consent of both husband and wife. In this process, the court appoints itself the emissary of the husband who is unaware of his environment. The court acted with the full consent of the husband’s family.

“I don’t like this picture,” Justice Rubinstein said during a Supreme Court debate of an appeal against the Supreme Rabbinic Court’s intent to reconsider the get. The justice added: “What if the petitioner were to remarry in the meantime and had children, everything would reopen?”

On Tuesday, the women petitioning the Supreme Court said: “Almost three years ago, I was given my life back, and all of a sudden a man who doesn’t even know me is demanding to take me all the way back, to be an Aguna again.” She said she felt this was “completely unjust.”

Rubinstein also noted that the petitioner against the get is a third-party without personal connection to the case, saying, “This petition is inappropriate. The petitioner is getting involved in someone else’s fight.”

However, attorney Raphael Schtube, representing the petitioner at the Supreme Rabbinic Court, argued that he, in effect, represents the husband who is in a coma. “The real petitioner here is the husband,” argued the attorney.”

The Supreme Court finally issued an injunction against the rabbinic court, enjoining it from taking up the matter for 21 days, until the Supreme Court rules on the woman’s petition to block the process of withdrawing her get.

Dozens of women demonstrated outside the Supreme Court in Jerusalem in support of the woman, carrying signs saying: “You can’t put a woman back in the cage.”

The Chief Sephardi Rabbi Yitzhak Yosef has said on several occasions that he favors annulling the get, and supported the petitioner despite his lack of personal connection to the case.

David Israel

Outraged Amona Residents Reject Supreme Court Demand for Pledge of Eviction

Thursday, December 22nd, 2016

Amona residents on Thursday decided to reject a demand from the Supreme Court that they each sign a personal pledge to leave their homes peacefully in 45 days, regardless of whether or not the state had been able to create for them proper alternative housing nearby. The court expected those personal signatures by 10 AM Thursday local time.

The court responded to an appeal by the State Attorney, on behalf of the Netanyahu government and the AG, to extend the deadline for the demolition of Amona by 45 days. “In order to remove all doubt, all the respondents who are residents of Amona are requested to declare sincerely that they are unanimously committed to leave peacefully without altercation or resistance on the date the court would decide,” the justices demanded.

Insisting they must have the Amona residents’ signatures by Thursday morning, the justices also noted that their move does not necessarily mean they would ultimately grant the extension.

The residents, incensed over the court’s demand for individual commitments in writing, which would obviously open each adult member of the community to personal prosecution, based on the judgment of law enforcement personnel over just how well they complied with their promise to the highest legal authority in the land, told the court it should accept instead a group letter from the residents, stating their endorsement of an agreement they had signed with the state.

Several Amona residents accused the court of blackmailing them, since a refusal to comply with the court’s demand could leave them and their children homeless. One resident told Walla the court’s demand constituted a “grave harm to our right to dignity and to elementary living conditions. This to remedy a “miniscule damage, if at all, caused to the rights of claimants who have never worked the relevant plots and are mostly absentee landlords who in reality are not even present in the area.”

David Israel

State Asking Supreme Court Once More to Postpone Amona Evictions

Wednesday, December 21st, 2016

The state on Tuesday petitioned the Supreme Court again to postpone by 45 days the evacuation of the Amona community in Samaria, until February 8, 2017, Walla reported. The purpose of the new request, submitted following the approval vote by the Amona residents for a new eviction outline, is to allow for carrying out the court-ordered eviction in an orderly fashion. The court gave the plaintiffs, represented by abti-Zionist NGO Yesh Did, one day to respond.

The appeal to the Supreme Court was done upon a request from Prime Minister Netanyahu and Defense Minister Liberman, with the consent of AG Madelblit and State Attorney Nitzan. The petition states that given the complexity, sensitivity and explosiveness than normally accompany the expulsion of a community the size of Amona, with its 40 families and about 200 children, the state has invested efforts in finding a solution that would enable the removal of the residents using peaceful means, keeping to a minimum the harm to the families.

The postponement is required to complete the location of temporary lodging solutions for the Amona residents, as well as to the examination of the legal status of lot 38, which the state had originally considered to be abandoned land and now an Arab resident of Silwad has come up with a claim on 90% of the site.

The state declared that this is its final request for a postponement, and that it is determined not to ask for yet another delay, even should it become apparent that the new outline cannot be applied come February 8.

Yesh Din issued a vehement response to the postponement request, which probably sounds better in Arabic: “The state’s request to delay the evacuation of Amona is based on a corrupt deal between the government of Israel and lawbreakers, which constitutes a surrender to the blackmailing by a those who have been obliged by a court order to vacate the land they had invaded.”

David Israel

Survey: Only 22% of Israeli Jews Completely Trust Supreme Court

Sunday, December 11th, 2016

A new survey published by Prof. Avi Degani, founder and President of the Geocartography opinion and marketing institute, points to a sharp, 25% drop in the Israeli public’s trust, Jews and Arabs alike, in the Supreme Court. Only 22% of Israeli Jews expressed their complete faith in the court.

A similar survey that was done in 1991, 25 years ago, showed that 80% of the Israeli public, including Arabs, had a high or complete trust in the Supreme Court, compared with only 56% today. 12% of the Jews say have no trust whatsoever in the court, as opposed to only 3% that held the same view in 1991.

41% of Israelis had complete faith in the Supreme Court in 1991 – today it’s down to 22%.

Another institution that has suffered a severe loss of prestige is the State Auditor. In 1991, 80% had complete or high trust in this institution – today only 55% do. In the Arab sector, the drop was from 57% in 1991 to only 47% today.

The Knesset has maintained most of its status, but that’s only because it was very low 25 years ago – 27%. Today it’s down to 23%.

Prof. Degani cautioned that the fate of democracy is uncertain when the two branches of government whose job it is to restrain the executive branch are being held in such low regard by the public.


Responding to Meretz Petition, State Tells Court Rabbi Karim Does Not Believe in Raping Enemy Women

Tuesday, November 22nd, 2016

The State on Tuesday responded to a petition served by Meretz against the appointment of Rabbi Eyal Karim as IDF Chief Rabbi, saying the Chief of Staff has picked Karim believing he is the right man at the right time for the job — based on his abilities, knowledge and military background.

Col. Rabbi Eyal Moshe Karim, head of the Rabbinate Dept. at the IDF Military Rabbinate, also served as commander of the paratrooper division’s special forces. In July he was picked by Chief of Staff Gabi Eizenkot to become IDF Chief Rabbi. But then the Israeli media discovered a few “controversial” legal opinions authored by Karim in the online Orthodox news website Kipa. Written as halakhic responsa, Karim’s passages included a reference to the status of a captive enemy woman in time of war, which the Torah deals with from within the socio-political milieu of the second millenium BCE. He also discussed the halakha’s view on women’s military service and on homosexuality.

Needless to say, Karim’s opinions, written some 14 years ago in the context of a discussion involving Orthodox readers, did not go down well with Israeli leftwingers such as Meretz Chairwoman Zehave Galon. Meretz appealed the appointment to the Supreme Court, which suspended it pending an explanation regarding the differences between Israel 3,000 years ago and today.

In its response on Tuesday, the State noted that Rabbi Karim’s responsa were prefaced with a proviso that these are not his legal rulings but rather his review of rabbinical law. Regarding the fact that the Torah permits nonconsenting sex with a captured enemy woman in time of war, the State assured the court that Rabbi Karim does not espouse this as a policy to be followed by IDF soldiers nowadays.

MK Motti Yogev (HaBayit HaYehudi) told Israel Radio on Tuesday that the Supreme Court once again overstepped its boundaries by rudely intervening in IDF appointment decisions. Yogev noted that so far the court has fought the legislative and executive branches and now has added the IDF to its list of targets. Yogev called on his colleagues in the Knesset to find way of stopping the court from uninvited interference in halakhic discussions.

Rabbi Karim is expected to start serving as IDF Chief Rabbi on Thursday, unless the court continues to block his appointment.

David Israel

Shiloh Musings: Israeli Supreme Court, When “Independent” is UNJUST

Tuesday, November 8th, 2016

So what is the big hullabaloo between Israeli Minister of Justice Ayelet Shaked and Supreme Court President Miriam Naor all about?

One of the big issues in Israel is that the Supreme Court is very much “friend brings friend.” It’s a Leftist bastion that easily preserves its ideological purity. Breaking that monopoly is an aim of Shaked and her party, Jewish Home aka NRP. It’s also important to Prime Minister Binyamin Netanyahu and many others in Israel’s Right and Center, which is why she got that portfolio.

On one of the Israeli newscasts about the issue, I heard someone who wants to preserve the status quo shouting that it exists to preserve the “court’s independence.” Now, if you don’t know what they mean by “independence,” you may think they have a point.

The dangerous thing that the pro-status quo people mean by that is that they do not make their decisions based on the laws passed in the Knesset.  And remember that the Knesset is made up by representatives of political parties voted in by the citizens of the State of Israel. The justices in the Israeli Supreme Court consider their “consciences,” their ideologies to be the sources of their decisions. They do not make their judgments by interpreting the Laws, but by bending them into their concept of their Leftist Utopian vision.

If Ayelet Shaked gets her way, then the Knesset will appoint justices more representative of Israel’s population and not the Leftist elite of today which considers itself the overseer of Israeli Law and values, even going against laws which they don’t like.

Batya Medad

A Supreme Act Of Love Revisited

Thursday, November 3rd, 2016

Nineteen years ago, in the December 12, 1997 issue, The Jewish Press published in “Lessons in Emunah” a text I wrote entitled “A Supreme Act of Love.”

It was about the story of a young boy, during WWII, in Nazi Occupied France, who was learning for his upcoming bar mitzvah in 1944 in the Shul of Brive-la-Gaillarde (Corrèze) in France.

My Father, Harav David Feuerwerker, zt”l, was the rabbi of the city and in charge of three French Departments (Corrèze, Creuse and Lot).

I had heard the story many times from my mother but I had no idea who this young boy was.

He was arrested in the Shul together with several other Jews, including my aunt, Rose Warfman (Rose Gluck at the time), by the Gestapo. All those arrested were put on a flat open truck and taken away. Then, someone pointed to the young boy’s mother walking on the street. Amazingly, the young boy didn’t call out to his mother. By doing so, I wrote, he saved, at that very moment, her life.

Who was this young boy? What happened to his mother?

A while ago, I came upon handwritten notes from my father. There in a list of people from Brive (Brive-la-Gaillarde is often called more simply Brive), I saw a name, unknown to me, which I researched: Najberg. I looked up in the book The Memorial of the Deportation of Jews from France by the French Nazi hunter, Serge Klarsfeld, published in 1978, which I possess, and found that there was a Robert Najberg, born on June 29, 1931, in Lens.

It had to be the young boy, the age corresponding to 12!

I searched further on the Internet and found that Robert Najberg was born in Lens, Pas-de-Calais, France, in a Jewish family of Polish origin. Another name I found in the handwritten notes of my father was Bindefeld. I searched for information about him. He was Nathan (Nachman) Bindefeld, the Hazzan, who was teaching Robert Najberg for his bar mitzvah. I found in Klarsfeld’s book that Nachman Bindefeld was born on June 25, 1906, in Frankfurt-am-Main, in Germany. I found out about the fate of both the teacher and his student.

Nachman Bindefeld was deported from the Drancy internment camp (next to Paris) to either Kaunas (Lithuania) or Tallinn (Estonia) by the Convoy No. 73, of May 15, 1944, where he was killed. He was 38 years old.

Robert Najman was deported from Drancy internment camp to Auschwitz concentration camp, by the next convoy, Convoy No. 74, of May 20, 1944, and killed upon his arrival, on May 25, 1944. He was 12 years old, soon to become bar mitzvah.

My aunt, Rose Gluck, a nurse and member of the French Resistance, was deported from Drancy internment camp to Auschwitz concentration camp, on an earlier convoy, Convoy No. 72, of April 29, 1944. She survived both Auschwitz and Gross-Rosen concentration camps. Her story is known around the world.

Recently, she has seen one account published as a chapter of the book by Renée Worch: Holocaust Heroines. Four Teenagers’ Stories of Courage and Miraculous Survival (Feldheim).

Rose Warfman passed away this year on Shabbat Parashat Ki Teitzei (14 Elul /September 17), in Manchester, England, a few days short of reaching the age of 100.

On the train taking Nachman Bindefeld to Eastern Europe to be killed was my uncle, Dr. Salomon Gluck, a physician and member of the French Resistance, who was also killed. He was 29 years old.

What happened to Robert Najberg’s mother? I have no clue; I can’t find any information.

The 1978 edition of Klarsfeld’s book gives the lists of deportees convoy after convoy. You have to go through one after another to find the names.

In 2012, Serge Klarsfeld published an updated version of his work, with corrections and additional information with one great improvement, according to me: all the names are listed alphabetically, which makes it easier to consult. It is a huge and heavy folio. There are only 1000 copies printed of that work, and Klarsfeld was kind enough to give me a copy.

There is only one other Najberg listed in the deportees from France. Mordko Najberg, born on April 23, 1899, in Bialoczow, who was living in Malemort (Corrèze), next to Brive.

He was detained in a camp in Marseille. He was then deported to Drancy internment camp and from there to Majdanek concentration camp by Convoy 51, of March 6, 1943. He was 44 years old.

In passing, I just saw news published about Bialoczow, a village in the district of Opoczno, by the Jewish Telegraphic Agency (JTA), dated April 1, 1929: “Purim Play Leads to Anti-Semitic Disturbance in Polish Village.” Did this event push Mordko Najberg to leave Poland for France? I can’t answer that question.

It seems that Mordko Najberg was the father of Robert Najberg. If so, it means that only his mother was still free at the time.

The fact that Robert Najberg’s mother is not listed among the deportees from France, can be interpreted, until proven wrong, that she was not deported.

Who was she? What happened to her? I have no answers.

It seems that she survived and that her son, 12 years old, saved her life. A supreme act of love.

Dr. Elie Feuerwerker

Printed from: http://www.jewishpress.com/judaism/jewish-columns/lessons-in-emunah/a-supreme-act-of-love-revisited/2016/11/03/

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