What Threatens the World and the Rabbinate? by Rav Yoel Bin Nun

July 4, 2013

What threatens the Torah world and the rabbinate? It is not the “draft decree” into the IDF, nor the “equality of burden” proposal, nor even budget cuts or the elections for the Chief Rabbinate. All these things do not threaten the Torah world or the rabbinate in any way.

If the elite members of the hareidi yeshivot will serve in some form or arrangement, their Torah world will only grow and deepen. This will be especially the case with those who are talented, especially with the Talmidei Chachamim amongst them.

During my service in the IDF, both during my initial service and during reserve duty, I was forced, by circumstances, to engage in in depth study of sugyot (areas of Talmud) and halakhot that by and large are not generally studied, such as Hilkhot Eiruvin as I was obligated to construct an eiruv by myself in the field during training missions, on more than one occasion, and of course to check the eiruv every Friday. In addition, I learned many laws of Kashrut and Shabbat in depth during my service in the IDF, because that is where one is confronted by many unusual circumstances. It is impossible to study daf yomi or the pristine sugyah in the standard tractate that is learned in the yeshiva. In the IDF one learns to live by the Torah in all situations, even in difficult circumstances, and on Shabbat one cannot simply call one’s posek.

If I had my druthers, I would test all of the bnei yeshiva in the country in Hilkhot Eiruvin and the like in order to demonstrate to the rashei yeshivot that it precisely the most talented and capable students who should serve in the IDF.

In the quota of those exempt from service in the army, if implemented, I would only include those whose religious commitment is weak and who may end up abandoning Torah observance during their service-as they are the ones who will not be asking the questions in Hilkhot Eiruvin.

In such a scenario, the quota of exemption would become a sign of shame, and the service in the IDF a symbol of pride for the Torah world (even that which is not Zionist). This is what is correct from a Torah and halachic perspective.

In passing, it should be pointed out that the members of the tribe of Levi in the desert also had a quota, and it is explicit in the book of Numbers. He who relies on the words of Maimonides (at the conclusion of the laws of Shemitah and Yovel) and compares yeshiva students to the Levites, cannot be opposed to a quota that limits the amount of who is exempt.

 

The Threat of the Agunot

What truly threatens the Torah world and the rabbinate?

The women- just the women. And it is not the women who may be joining the body that elects the Chief Rabbis of the State of Israel. It is the women who are suffering, the women who are abused and crying, the women who are agunot and are refused a get. It is they that threaten the Torah world, with the potential of leading to its utter destruction, God forbid.

Why?

As the Talmud teaches (Ketuvot 2b-3a) “Because of the meek (tznuot) women and because of the uninhibited (perutzot) women [the rabbis were lenient and accepted the validity of a get that was not technically valid].”

In the world of truth that Hazal inhabited one gave a get immediately. One did not wait a month or a year. A man could return and marry the women he divorced and so there was no reason to postpone the giving of the get. Only for a Kohen who was prohibited from marrying his divorced wife, would they write a special type of get (get mekushar) in order to postpone the effectuation of the divorce in case he might have second thoughts. This also lasted a far shorter time than the quickest get procedure in today’s rabbinical courts.

It is enough simply to look at the statistics provided by the rabbinical courts themselves. In Israel, there are currently 200 women who have not received a get after a rabbinical ruling that the husband must give a get. It is known, of course, that such a ruling is not given immediately and has only come after many months, years of deliberations in the rabbinical courts. There are also 200 men whose wives refuse to receive a get for various reasons. However, these men can live with other women and even sire children who are halachically kosher. If we examine the numbers of women who have not received a get from a recalcitrant husband, whose cases are being stretched out in the rabbinical courts, and who have not yet received a ruling, the numbers reach into the many thousands.

What happens to the women who are agunot, whose beloved of youth has abandoned them, and in many cases already lives with another woman?

The “meek (tznuot)” amongst them weep, and their tears reach the heavenly throne because the gates to accept “those who are oppressed” and the gates to accept “tears” are never closed (Bava Metziah 59b) And when a tear fell from the eyes of the wife of Rav Rachumi, who was expecting his return on Erev Yom Kippur, and he was immersed in his Torah learning and di not return to his home as was his yearly habit, Rav Rachumi died (Ketuvot 62b).

The “uninhibited (perutzot)” amongst them say, what can I do if the rabbis and judges do not pay attention to me, and allow the man to make demands and conditions for giving the get. In such a case, I have no choice and I will also find myself a man to live with, for I cannot carry such a heavy burden, the burden of raising children and my own personal burden, all alone. And then, God forbid, there is adultery, and it becomes viewed as justified, because it is done out of sense of “no options” available, viewed by many men and women as something akin to an oness – a situation in which one is coerced into a violation, so much so that many lawyers and rabbinical advocates admit that such a reality can often spur the rabbinical court to move with a bit more alacrity to resolve the situation.

What did Hazal , in the rabbinical court of truth state?

“Whoever betroths a woman, betroths on the (condition) of the acquiescence of the rabbis” (Gitin 33a). They found ways to uproot the kiddushin (betrothal) and the nissuin (marriage), if there was no other path available such as in the case that a man sent his wife a divorce via an agent and then canceled the agency in the middle of the mission.. Now all rabbis in the world, all of us, teach grooms to recite the formula “According to the laws of Moses and Israel” under the bridal canopy. “Israel” is a reference to the rabbis who stand under the canopy with the grooms and brides. However, we do not stand with the women when they find themselves in their difficult hour, when they request a get.

It is clear, that in the court of truth of Torah, the burden falls squarely on the shoulders of the rabbis and their disciples, and the adultery of the women who wait months and years, all alone is the responsibility of the rabbis before God.

The tears of the meek women also will determine the judgment, and may possibly bring a destruction of the Torah world and the rabbinate. It is impossible to know which is more serious—adultery caused by a sense of having no option or the tears of the women refused gittin, who will never be able to live with a man without a kosher get.

 

The Responsibility of the Rabbis

If the rashei yeshivot, rabbis, rabbinical court judges and poskim, thought that they would stand before the heavenly court and be held accountable both for the adultery and the tears of pain, and that their entire Torah would, God forbid, be tuned against them as an agent of prosecution, if they understood that the Master of the Universe stands: “By a wall made by a plumbline, with a plumbline in his hand” (Amos 7:7 see Bava Metziah 59a), that is that there is no protective wall, and everything  is breached, they would immediately come together- Lithuanians and Hasidim, Sefaradim and Ashkenazim, Zionists and Hareidim, Moderates and Zealots in order to make decisions- not as to who will sit on the chair of Rav Kook, the founder of the Chief Rabbinate of Eretz Yisrael, buit rather on the question as to what the Chief Rabbis and all the rabbinical courts should do to save themselves from the guilt of adultery and the tears of the women that rest on their shoulders.

However, those who grab hold of the Torah do not truly believe that the Master of the Universe stands upon “the wall made by a plumbline, with a plumbline in His hand”. They shut their eyes and do not see the adultery that they cause to the “uninhibited” women and do not hear the cries of the “meek” women who have not received gittin at the hands of recalcitrant husbands.

They only hear the threat of women being included in the body that will elect the Chuief Rabbis, and will soon quote for us what Rav Kook wrote about women being elected or having the vote, without understanding the full import of the position of Rav Kook and his son Rav Tzvi Yehuda on this serious question.

For many years, rabbis and dayanim have told me that it is only permitted to teach Tanakh based upon the midrashim of the sages. Listen carefully to what the rabbis stated about the destruction of Shiloh together with the Tabernacle that exited in Shiloh.

In the book of Samuel 1 (Ch 2:22) it states: “Eli was very old and heard all that his sons were doing to all of Israel, and that which they would sleep with all the women who would congregate by the Tent of Meeting”.

Rashi and Radak interpreted the text according to its plain sense and then cite a midrash of Hazal (as is my practice as well in teaching). However, most rabbis in our day only teach this according to the words of hazal. And this is what it states in the Talmud (Shabbat 55b). “Whoever states that the children of Eli sinned is mistaken…rather because they tarried and did not bring the sacrifices of the women who had given birth (in a timely fashion) thus causing them not to be allowed to be with their husbands, The Torah considers it as if they slept with these women.”

It is a clear kal vachomer (a fortiori argument). If the Talmud considered the sons of Eli who prevented women from engaging in procreation for a number of nights (until they paid up the terumah that the sons of Eli demanded –see Samuel 1:2:12-16) as having slept with these women, (of having committed a grave offense)-and thus it explained the words of the prophecy, what will be the judgment of the rabbis and dayanim who postpone and prevent the giving of gittin for months and years. According to the sages this can be considered similar to the actions of the sons of Eli, as they harm the women who congregate at the doors of the rabbinical courts begging to receive a get according to halacha.

It is for these actions and inactions that the Torah world and the rabbinate may, God forbid, be destroyed just as the Tabernacle at Shiloh was eradicated.

 

Rav Yoel Bin Nun is the former rosh yeshiva of Yeshivat Kibbutz Hadati and a founding faculty member of Michlelet Herzog of Yeshivat Har Etzion, and a faculty member at Yeshivat Har Etzion and other Torah institutions. He is a pioneer of the modern day study of Tanakh in the Religious-Zionist world in Israel and beyond and a leading thinker, activist and educator in the Torah world. This essay originally appeared in Hebrew in the June 20th edition of Makor Rishon. The essay was translated into English by Rabbi Nathaniel Helfgot.


Learning from Hillel and Shami

June 3, 2012

A Brooklyn based newspaper, Yated Ne’eman, has recently tried to cast more inclusive sections of Orthodoxy in a negative light.  Instead of understanding Rabbi Zev Farber’s recent Morethodoxy post about the cultural place of women in shul as a tension between two competing values, that of traditional prayer architecture and process on the one hand and that of the desire by the halacha to honor and include all Jews (even women) on the other, Yated saw only one side.

In the Gemara (Shabbat 31a) Hillel and Shamai argue regarding conversions.  Convert after convert comes to both Shami and Hillel and each convert presents themselves as insincere, desiring to convert to only some of the laws of the Torah or to convert for selfish reasons.  Obviously the decision to accept or reject such converts lies again in a tension between two competing halacic values, on one side the need to not dilute the Jewish people and their commitment to Torah, and on the second the Jewish value of embracing others and not mistreating the stranger.  Shami emphasizes the first value over the second in an extreme way, so much so that he chases the would be convert out with a stick, and Hillel emphasizes the second value, so much so that he immediately embraces the seemingly insincere (yes I know what Tosfos says)  convert and converts them all right away.   Which is right?  Both are legitimate Jewish opinions, both the word of God, but only one is the halacha, the path we as Jews are to follow, that of Hillel.  Indeed the Talmud explains that the law is like Hillel due to his embracing, tolerant personality (Talmud Aruvin 13b).

Today Yated is suggesting YCT Rabbonim continue to be excluded from the RCA. In times past their camp suggested the RCA be excluded from Orthodoxy.  Today they suggest YCT’s future talmide chachomim are illegitimate, in years past they (or papers like them) suggested the RCA’s Godol was illegitimate.

When I was growing up in the Charedi world I heard only slander about the RCA and Yeshiva University.  That YU was a, “Rabbi factory” and that their musmachim knew nothing.   I think I was 15 before I realized that “JB” was not a famous criminal but a Gadol Ba’torah, Rabbi Yosef Dov Solovetchik.

Any orthodox person who is over 30 and grew up to the right of modern orthodoxy remembers these things.  But the RCA did not become a new movement as people feared; the RCA saw itself as legitimately orthodox and in the eyes of much of the orthodox world remains so.

Less tolerance for fellow Jews and human beings, a less embracing attitude toward the would-be proselyte, dismissing ways within halacha to include women in traditional tefilah, these things, though perhaps sounding pretty frum, do not make one more of a Torah Jew.  Just ask Hillel.


Hiding Sexual Abuse: A Lesson from Rabbi Rosenberg’s Big Shofar – by Rabbi Zev Farber

May 15, 2012

The Shocking Nature of Cover-ups

When the NY Times article on sexual abuse in the Ḥasidic Community came out last week, I thought to myself, “I already know what this is going to say; I can’t imagine this will shock me.” Sadly, I was mistaken.

The fact that sex abuse occurs in the frum community should not come as a shock – according to experts, statistics for sexual abuse in this community is about the same as other communities. For those familiar with famous cases like that of the Modern Orthodox youth director Baruch Lanner  or the Ḥareidi school teacher Yehuda Kolko, the reality that such abuse can be protracted and that the perpetrator can torment a great number of victims is well known. Even the fact that blind eyes are turned or that communal authorities refuse to believe the testimony of witnesses is par for the course for anyone who follows these stories. There was even a documentary called Standing Silent which follows the story of sex-abuse survivors from the Baltimore area.

Most disturbing in the Times article was the aggressive response by the community and the rabbinic establishment to parents of victims, and even to the victims themselves, if they expressed desire to report the incidents to the police: parents were shunned, children expelled from school, and retaliatory threats were made against parents if they did not leave town with their children.

As if this weren’t bad enough, the next day the Times featured another article detailing an ostensibly unofficial agreement between the Ḥasidic community and district attorney Charles Hynes. According to this report, the local rabbis get to hear the reports first and decide which ones to pursue and which ones not to pursue. The arrangement that the rabbis control the information about sex offenders is, unfortunately, not unique to the Ḥasidim in Brooklyn. A few months ago, the Jewish Week reported a similar understanding in the Ḥareidi community in Lakewood, wherein a tribunal of rabbis apparently investigates on its own, and threats of communal ostracism are levied against any parent wishing to approach the police.

This was the shocking part. Even for those of us who feel that we “already know” about the blight of child molestation in the Orthodox world, it is still jarring to read about a community that seems to stigmatize going to the authorities more than committing sexual abuse itself. I cannot imagine that the Ḥasidim or the Ḥareidim care about the welfare of their children any less than other communities. Nor can I imagine that the Ultra-Orthodox rabbinic establishment looks kindly on sexual abuse of girls and boys or that they are not horrified by the prospect of pedophiles in their midst.

So why aren’t they reporting it?

Apologetic Defenses

Defenses have been proffered. Some have invoked the prohibition of mesirah, turning a Jew in to the Gentile authorities. But this prohibition only applies when the Gentile and Jewish communities are in an antagonistic relationship and where there is the possibility of Jews successfully policing their own independent communities. It is totally irrelevant to the realities of child sexual abuse in modern American society, where the court and police system are necessary in order to protect the community, and the governmental authorities are a resource, not a threat, to our community.

Others have warned that the consequences of false reporting are devastating to the person accused. Certainly, false reports must be avoided, and, hopefully, the police and the justice system can weed out most of the bogus reports before an innocent person’s reputation is shot. However, it may be true that some false reports reach a stage where an innocent person is publicly accused and his or her life is shattered. Nevertheless, this is a risk any criminal justice system must take. The alternative needs to be kept in mind as well: for every sex offender not reported, tens if not hundreds of innocent lives are shattered.

Perhaps the most prevalent defense nowadays is the recourse made to the concept of ḥillul hashem, desecrating God’s name. The claim has been that if the existence of sexual abuse in religious Jewish communities became public, the humiliation would desecrate God’s name. I cannot accept this argument as it is a distortion and misapplication of the concept of ḥillul ha-shem. There is no question that it is the child molesters that have desecrated God’s name, not the parents that report the crime and try to protect their children and other children who will be the perpetrator’s next victims.

What weighs on me more heavily is whether the Ultra-Orthodox community itself truly believes this explanation. These scandals have been breaking one after the other for more than a decade – if there was ever any real possibility of keeping things hush-hush, it has long since passed. And yet, the rabbinic establishment in these communities still does not encourage reporting. Additionally, it is very hard for me to believe that the threat of bad press for the community could outweigh the protection of one’s children from sexual predators.

There appears to be a rather different consideration at work here.

Extreme Insularity – The Spartan Phalanx at Work

The Ultra-Orthodox communities are characterized by an extreme insularity. These communities view the secular world as a threat to their lifestyle, and much of their sociology is built around protecting themselves from the pernicious influence of the outside world. Like the Spartans with their phalanx formation, the Ultra-Orthodox believe that any chink in their armor of insulation could lead to the collapse of the troops.

If the rabbinic establishment in these communities were to admit that their constituents needed police involvement, and that the parents and victims should trust the secular authorities in this matter, a positive relationship could evolve between the Ultra-Orthodox community and the very authorities that they have long treated with suspicion. Conceivably, it may be difficult to navigate a situation where Gentile police officers, judges and court psychologists are protecting children from child-molesters who are themselves religious Jews. In the eyes of the rabbinic establishment, there is potential for a cascading effect.

As a result, the rabbis try to control the situation on their own, but they are not trained or equipped to do so. It seems to me that the mythical allure of the secular world the Ultra-Orthodox are battling has become more than just counterproductive; it has paralyzed the ability of the rabbinic leadership to protect its own constituency. Tragically, the young victims and their families will continue to pay the price until a different attitude towards the government and the general culture can be cultivated.

Glimmers of Hope

There were some faint glimmers of hope in the grim Times report. There was the Chabad beit din that ruled that one is required to report any evidence of abuse to the police. There was the young Rabbi Tzvi Gluck who has begun to act as a liaison between victims of sexual abuse and the Brooklyn district attorney’s office.

Rabbi Nuchem Rosenberg

What stood out most to me was the work of Rabbi Nuchem Rosenberg, an eccentric Satmar rabbi from Williamsburg, is almost single-handedly battling to encourage the reporting of child molesters to the police in his community. R. Rosenberg is a scholar, author of the book Yatza Eish me-Ḥeshbon, and an expert on the laws of miqvaot (ritual baths), who consults all over the world. Since R. Rosenberg is also a business man and entrepreneur, he takes no fee for this work. Most importantly for this piece, R. Rosenberg is anything but insular. I know this because I know him personally; he was my teacher at YCT Rabbinical School.

When a number of us wanted to learn the laws of miqvah, our Rosh ha-Yeshiva, R. Dov Linzer, thought it would be best if we studied with someone who had practical experience constructing miqvaot. The fact that a Satmar rabbi was willing to teach in a Modern Orthodox rabbinical school was itself unusual; he also agreed to let women sit in on the class, something virtually unheard of in his community.

Until I read this Times article, I was unaware that R. Rosenberg is instrumental in the struggle to change the cultural attitudes surrounding child molestation in the Ḥasidic world. While the ostensibly more modern Agudath Israel issues a statement that references obtaining rabbinic permission to report (although, to be fair, they do encourage reporting in clear cases of sexual abuse), R. Rosenberg’s urgent push to report potential abuse cases is a breath of fresh air. With a hotline and a website in English, Yiddish and Hebrew, R. Rosenberg strongly encourages parents to report abuse directly to the police.

Blowing his Big Shofar

Though R. Rosenberg has been vilified by fellow members of Satmer for his activism, this does not appear to be dampening his resolve. This is unsurprising, as from the many anecdotes he told us about his work in the summer of 2004, resolve is clearly one of his chief qualities. One anecdote in particular stands out in my memory, as it does for my colleague Rabbi Jason Herman, who was one of the students and wrote about it in his blog.

Rabbi Rosenberg described a dispute with a local rabbi about the state of the local miqvah. When the rabbi would not agree to repair the situation, Rabbi Rosenberg pressured him: “I have a big Shofar, and if you don’t fix the problem I will blow it and tell everybody.” At the time, I was unsure about the type of personality that felt it was his business to publicly announce miqvah problems to the detriment of the local rabbi. Now, however, in light of his outspokenness against pedophilia in the Ḥasidic community, I say thank God he has a big shofar, and I hope he keeps using it.

What can be done?

The question remains: For those of us who are not part of the Ultra-Orthodox communities, how can we help? I would also like to blow my shofar, but I fear I stand too far away from my Ḥasidic and Ḥareidi brothers and sisters for them to hear me, and I assume that many of the people reading this feel the same way.

But we cannot stand idly by, and perhaps we are not entirely powerless.

We must support Rabbi Rosenberg and others like him in the good work they are already doing. We must make clear that the Modern Orthodox rabbinate and community members are interested in helping the victims; whether this means helping them find counseling, taking their kids into our schools, or just giving them a safe space to discuss their issues and strategize about their future. We need to stand shoulder to shoulder with Rabbi Rosenberg and blow our shofars too. After all, we are our brothers’ keepers.