Thursday, January 31, 2008

WebYeshiva Daily Halacha


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Announcements #021


What I Think About Football

Joe Schick has a front page article in The Jewish Press about Orthodox Jews and sports. He quotes me as follows (link):
Rabbi Gil Student of Yashar Books and the Hirhurim blog once said that "movies are often halachically objectionable but at times they can have artistic value. Football is simply a bunch of men pummeling each other."
He tends to disagree.

(Yes, I know the picture is of a Jet. I don't follow football but if I did I would be a Jets fan.)


Rav Soloveitchik on the Akedah

The Akedah, the story of the binding of Yitzchak, lends itself to multiple interpretations. The following is what R. Joseph B. Soloveitchik wrote about this in the most recent book published in the posthumous Me-Otzar Ha-Rav series, Abraham's Journey: Reflections on the Life of the Founding Patriarch (ed. David Shatz, Joel Wolowelsky, Reuven Ziegler), pp. 10-12 (emphasis added):
One of the many events in Abraham's life that are of central significance because of their paradigmatic role in our historical drama is the Akedah, the binding of Isaac. According to Nahmanidean historical semantics, the Akedah foreshadowed Jewish martyrdom down through the ages. The Akedah was the portent of the many sad and tragic situations in which Jews were summoned to bring the supreme sacrifice, their very existence. But the portent was subject to multiple interpretations, and Jews enjoyed the freedom to interpret the strange scene of the Akedah in a variety of ways.

Click here to read moreThe basic idea of the Akedah is nurtured by the service awareness. Man is a servant of God. He belongs completely to God--body and soul... Hence, God from time to time calls upon man to return to Him whatever is His. He demands that man give not a part but the whole of himself...

Of course, the idea of sacrifice is a cornerstone of Judaism and the Akedah has inevitably introduced sacrificial action as a part of our historical drama. Yet, as we have said, the drama of the Akedah is multi-semantic, lending itself to many interpretations. God demands that man bring the supreme sacrifice, but the fashion in which the challenge is met is for man to determine.

There are two ways in which the total sacrifice is implemented--the physical and the experiential. The choice of the method is up to man. The need for sacrifice was established as an iron law in Jewish history. However, whether man should sacrifice on a physical altar atop some mountain the way God summoned Abraham to do or in the recesses of his personality is man's privilege to determine. Whether the sacrifice consists in physical agony, pain, and extinction of life or in spiritual surrender, humility, and resignation is man's affair. God wills man to choose the altar and the sacrifice.

Abraham implemented the sacrifice of Isaac not on Mount Moriah but in the depths of his heart. He gave up Isaac the very instant God addresses Himself to him and asked him to return his most precious possession to its legitimate master and owner...

There was no need for physical sacrifice, since experientially Abraham had fulfilled the command before he reached Mount Moriah... Had Abraham engaged the Creator in a debate, had he not immediately surrendered Isaac, had he not experienced the Akedah in its full awesomeness and frightening helplessness, God would not have sent the angel to stop Abraham from implementing the command. Abraham would have lost Isaac physically.


Wednesday, January 30, 2008

New Periodical: The Jewish Bible Quarterly 36:1 January-March 2008

I just received my first issue of The Jewish Bible Quarterly. The articles are of varying quality but I found a good deal of interesting insights in this journal. Here's the table of contents with some comments:
  • "There is No Chronological Order in the Torah": An Axiom for Understanding th Book of Joshua by R. Hayyim Angel - explaining when Joshua 24 happened and why it was placed at the end

  • "But Abraham Stood Yet Before The Lord" by R. Shubert Spero - offering further insight into the Rambam's view that the events of Gen. 18 were in a prophetic vision

  • Amos the Prophet: A Meditation on the Richness of "Justice" by Fred Guyette - all about the theme of "justice" in the short book of Amos

  • The Political Side of the Zimri-Cozbi Affair by Max Sicherman - a suggestion that there was a political treaty between the tribe of Simeon and the Midianites implied in the union of Zimri and Cozbi

  • Torah and Rabbinic Compromises with Human Nature by R. Joshua Adler - examples of biblical and rabbinic leniencies given due to the limitations of human nature

  • Who Counted Righteousness to Whom? Two Clashing Views by Shadal on Genesis 15:6 by Daniel Klein - a retraction by Shadal on an interpretation that was based on his notion that Judaism does not require beliefs. Did he retreat on that claim also?

  • Ha'achashtranim Bnei Ha'ramachim: Translating Esther 8:10 by Zvi Ron - a survey of the various attempts at translation of this difficult phrase

  • Is There a Pattern to the Five Books of Moses? by Robert Appleson - I haven't read this. It looks complicated but interesting.

  • Glimpses of the Past in Genesis-Exodus by Joel Forman - an attempt to connect Genesis and Exodus to historical events in Egypt and Canaan

  • What Sarah Saw: Envisioning Genesis 21:9-10 by R. David Zucker - possible interpretations to what it means that Sarah saw Yishmael "metzechek"


The Coney Island Wig Controversy

There is a story going around the blogs about a wig store in Flatbush, across the street from Yeshiva Chaim Berlin (on Coney Island Ave.), that has pictures of models wearing wigs in its window. It seems that after people have unsuccessfully requested the store to remove the pictures, R. Aharon Schechter, the rosh yeshiva, wrote a letter advocating a boycott of the store. The letter in Hebrew and English can be found on Yeshiva World (link).

I've seen the pictures and they aren't particularly lascivious. They are of women from the shoulders up. However, like most of the marketing in the Jewish wig industry, the pictures are intentionally provocative. My family receives wig catalogs and advertisements in the mail and I am often shocked at both the irony of attempting to sell modest headwear in an immodest way and the cleverness of the photographers and models in being seductive without being revealing. There is an halakhic issue with looking at pictures that cause improper thoughts, even if there is nothing inherently immodest in the pictures.

And here is the problem: Click here to read moreAcross the street from the store is a large group of boys from the age of 13 through the mid-20s who are trying to dedicate their time to learning Torah and fulfilling mitzvos, while their raging hormones are telling them to do otherwise. Ordinary measures do not suffice when dealing with boys and men like that, who have no legitimate outlet for their natural desires. For them, even more than for the rest of us, these pictures are extremely provocative and damaging.

We live in an open society and it is almost impossible to avoid seeing people and pictures that are provocative even if not revealing. However, a yeshiva is supposed to be a haven for Torah studies and these pictures do, I believe, invade that safe zone.

But here is the dilemma: The yeshiva is situated on a commercial street in the middle of a residential neighborhood (in which I lived for a number of years). The store does not sell to yeshiva students but to residents of the local neighborhood and greater Flatbush. It just happened to have found a good commercial location across from the yeshiva. So who has the right to control what the students and passersby see? I don't think the yeshiva has a halakhic claim (although I could be mistaken on that), but this issue is about more than that.

It seems to me that the store can be more sensitive to the yeshiva that is right across the street (and was there first!). No one is asking it to relocate but just to change the its window dressing to something less provocative. Certainly, the store owner is concerned that this might impact his business and he might have contractual obligations to his suppliers that he show their advertisements. But can't something be amicably worked out to everyone's mutual benefit?

As the issue currently stands, that has not happened and R. Schechter has asked his followers to boycott the store. However, in my estimation, this boycott will not work and the store will not suffer financially in any way from it. But I understand R. Schechter's needs and sympathize with his position. However, I am quite surprised by the strong language he used in his letter and the lack of sympathetic language for the store owner's plight.


Tuesday, January 29, 2008

The Sunday Goy

R. David Horwitz writes about his trip to Japan with Yeshiva College students and how they handled the issue of whether Shabbos in Japan falls out on Saturday or Sunday, i.e. what side of the halakhic international dateline Japan is on ("Halakhah in the Land of the Rising Sun: Challenges and Strategies" in Chavrusa 42:2 December 2007, pp. 6, 12 - link [PDF]):
At the end of the day, after all the theoretical issues were hashed and rehashed, we had to make a decision how to proceed. In spite of all the difficulties in the Hazon Ish’s position, how could one simply disregard his view? On the other hand, we couldn’t become paralyzed due to the situation! After much consultation with different Rabbanim (including one who was in the Far East with the Mir yeshiva in Japan during World War Two, and told me that many Yeshiva bahurim then and there were hoshesh for the Hazon Ish’s view, but only for dinim de-oraita), I concluded that “Shabbat in Japan will be our Shabbat. On Saturday night and on Sunday we will be mahmir like shitat Hazon Ish (that is, consider it Friday night and Shabbat morning) for dinei de-oraita (only). The determination whether something is de-oraita or derabanan will be according to the consensus of posekim.”

Click here to read moreImplementing these decisions into our actual schedule would serve to be quite an interesting challenge. Our first problem was to find someone who would act as a “Sunday goy.” (Since amira la-Akum on Shabbat is only assur mi-derabanan, he could perform any melakhot de-oraita, and allow us to have a fuller schedule on Sunday.) We were lucky to have Dr. William Lambert Lee, professor of English literature at Yeshiva College, who directed the Schottenstein Honors program at Yeshiva College, accompany us on the trip. He graciously agreed to serve as the “Sunday goy.” Thus, after Ma’ariv on Saturday night, he lit his Zeppo lighter and used it as the “esh” for our havdalah service...

On Sunday I ruled that the Ashkenazic students certainly could carry in any area not designated as Reshut ha-Rabim according to Rashi and the other authorities who follow his view. But our group contained the aforementioned three Sephardic students! They certainly could not disregard the more stringent position le-halakhah of the Bet Yosef. Moreover, the large and noisy shopping district we were now planning to go to on Sunday, although not as famous as the heavily populated Ginza district, by all accounts seemed to be a safeq shishim ribo! (Actually, the dispute between the late R. Moshe Feinstein, zatzal and others about whether one measures shishim ribo as a “point” through which 600,000 people pass through, our as a “box” of 12 mil times 12 mil was germane. I thought we should be mahmir as per R. Moshe’s position, especially as we had Dr. Lee’s kind services in any event.)

Once again, Dr. Lee rode to the rescue. He carried the students’ wallets for the entire duration of time that we were in an area that was safeq reshut ha-rabim. Only after we were safely inside the Japanese equivalent of Bloomingdale’s did we retrieve our wallets. Before we left the store, we gave him our wallets again. (Meqah u-memkar inside the store per se and tiltul muqtzeh, were not problems for us, as those issurim are only miderabanan. We could not sign our signatures for purchases via credit cards ke-derekh ketivah, however.) Dr. Lee even carried articles that we had bought in several large knapsacks that he had prepared for the situation. Returning by subway to the (relatively secluded) area where Azabu Court, our hotel/hostel was located, Dr. Lee announced, “Ashkenazim, you may now retrieve your wallets; Sephardim, I will hold on to them until we get to the actual courtyard of the hotel (a halakhic karmelit)”.


Parashah Roundup: Mishpatim 5768

by Steve Brizel

Seder Nezikin and Mishpatim

  • R. Jonathan Sacks and R. Berel Wein tell us how and why Seder Nezikin differs so profoundly from the civil and common law systems of law and emphasis the supreme nature of Halacha within Judaism: link I, link II

  • Mishpatim and Kabalas HaTorah

  • R. Aharon Lichtenstein shows how the proper understanding of Mishpatim leads to Kabalas HaTorah in the fullest sense: link

  • Click here to read moreComnunal Involvement and Sensitivity to the Plight of the Downtrodden

  • R. Yissachar Frand, quoting Aggadic passages, proves that learning without involvement and sensitivity, is improper: link

  • Eved Ivri and Eved Knanni

  • R. Yaakov Haber (Torahlab) explains what the Eved Ivri failed to internalize at Maamad Har Sinai,namely that there is only one real form of being an Eved-an Eved HaShem and relates this to our busy lives: link
  • R. Elchanan Samet demonstrates how the halachoss of Eved Ivri and Eved Knani should never be confused with other systems of slavery: link
  • R. Shlomo Wolbe zt"l explains that the Torah's definition of freedom is to independent of outside influences or motivations, even one is performing a mitzvah: link (RTF)

  • Amah Ivriyah

  • R. Efraim Buchwald (mazel tov on his son's engagement!) shows how many halachos relating to Kiddushin and Hilchos Ishus are learned by the Talmud from this halacha: link

  • An Eye for an Eye

  • The Gaon of Vilna (as prepared by R. Eliezer Kwass) explains how the Torah Shebicsav itself provides a very strong hint that monetary compensation is the means of compensatory damages: link

  • HaBa Bemachteres

  • R. Mordecai Konrfeld analyzes whether a Biblical verse should be understood solely in its most simple value (Ain Mikra Yotze Midei Pshuto) and shows that the Talmud and many Rishonim offer numerous instances where this principle is not followed: link

  • Ahavas HaGer and Onaas Dvarim

  • R. Shlomo Riskin, based upon a reading of the Ramban, explains why Ahavas HaGer and Onaas Dvarim are crucial elements of interpersonal relationships: link

  • Shabbos-The Bridge Between Bein Adam LaMakom and Bein Adam Lchaveiro
  • R. Zvi Sobolofsky demonstrates why Shabbos, properly observed, is the ultimate unifier of all segments of a Torah based society: link

  • Kashrus

  • R. Meir Yaakov Soloveitchik explores various taamei hamitzvos oriented approaches to Kashrus: link

  • Nuances in Ramban

  • R. Johanan Kapach illustrates how a close reading in Ramban shows his unique method of understanding a Bibical commandment in light of an apparent Machlokes Tannaim: link

  • Naaseh Venishma

  • R. Asher Brander , based upon radically differing views of Rashi and Ramban as to whether Naaseh veNishma preceded Maamad Har Sinai, suggests that both readings refer to the emotional and intellectual approaches to emunah: link
  • R. Zev Leff shows us that when we accept the Torah and precede to understand its meaning, it leads to a powerful concretization of Torah, as opposed to R”L an approach cited by Rashi where one engages in a process of seemingly piecemeal denigration of Torah, its leaders and followers: link
  • R. Michael Rosensweig demonstrates how the internalization of Naaseh vNishma is critical to the development of a Torah personality: link
  • R. Avigdor Nevenzal explains that a true Kabalas HaTorah can only be enthusiasm and the acceptance of those portions of the Torah that were accepted in a lukewarm fashion by prior generations: link

  • Shabbat Candle Lighting Times

    by Rabbi Ari Enkin

    Although there are a number of different customs as to when the Shabbat candles are to be lit Friday afternoons, no doubt that the custom for women to light 18 minutes before Sunset is the most widespread. Regardless of when the candles are lit, a woman must formally 'accept' Shabbat when she lights no matter how much time actually remains before sunset and the official arrival of Shabbat.[1] Nevertheless, one is not permitted to light the Shabbat candles or otherwise accept Shabbat earlier than Pelag Hamincha, which is one and a quarter halachic hours before sunset.[2] When one lights the Shabbat candles it should be evident that one is doing so in honor of Shabbat and not for other conveniences.[3] In a case of a mitzva or great need, a woman can light the candles without accepting Shabbat if she explicitly declares this intention when lighting.[4]

    Click here to read moreIt is not completely clear where the common custom of lighting approximately 18 minutes before sunset actually originates from. It is reported that Rabbi Joseph B. Soloveitchik suggested that the custom originates in a practice which was common long ago. The Gemara teaches that there used to be a custom of announcing the arrival of Shabbat with a series of six shofar blasts. The last of these six blasts took place "the amount of time it takes to roast a small fish" before Shabbat, after which time Shabbat would begin.[5] This amount of time is said to have been 18 minutes.

    Another view suggests that the custom of lighting 18 minutes before sunset emerged in deference to an obscure halachic opinion[6] which holds that a Jewish calendar day actually ends 18 or so[7] minutes before sunset. According to this view, lighting candles or by extension performing any of the prohibited Shabbat labours, would be forbidden from that time onwards. Although this view is not accepted as the halacha, it may just be that the 18 minute custom was initiated in an effort to comply where possible with this eminent halachic authority. It is interesting to note that all calendars in the UK list the time for Shabbat candle lighting as 15 minutes before sunset.

    Although the predominant custom is to light Shabbat candles 18 minutes before sundown, there are other customs as well. For example, there is the well known custom in Jerusalem to light Shabbat candles 40 minutes before sunset. This custom is derived from a view which requires one to add half of a "halachic hour" to one's Shabbat. This amount of time maximizes to be 40 minutes at the height of summer.[8] In order to avoid confusion and ensure consistency, this 40 minute period is adhered to all year long even when half a halachic hour would be less than that.

    It is interesting to note that the custom in the city of Petach Tikva is also to light Shabbat candles 40 minutes before sunset just as is done in Jerusalem. This is because the city of Petach Tikva was founded by Jerusalemites, who when organizing themselves, established that the custom of their former home be adopted in their new one as well. There is a misconception that lighting 40 minutes before sunset in other places[9] is to be viewed as a pious or meritorious practice which is not the case. Even in Jerusalem there are many communities that officially light the Shabbat candles 18-20 minutes before sunset like most other places in the world.[10] Although certainly a hallowed practice, the "40 minute" custom is ultimately without basis in halacha.[11] Indeed, most of the "minhag Yerushalayim" practices are not practices which are automatically binding upon anyone who lives in Jerusalem. Rather, they were established by and for followers of the Vilna Gaon. None of the minhag Yerushalayim practices are followed in absolutely all communities.

    Related to the subject of when one should light the Shabbat candles is that of "Tosfot Shabbat" – adding from one's weekday onto Shabbat. This mitzva requires us to add from one's weekday to Shabbat by accepting upon oneself Shabbat earlier than the last possible second, which is of course, sunset. Some authorities suggest that adding to Shabbat is actually a mitzva from the Torah.[12] There is no single ruling as to how long before Shabbat one must actually accept Shabbat in order to fulfill this mitzva, even 2 seconds would suffice for this purpose. There are however a number of cited suggestions which include adding: 2 minutes,[13] 4 minutes,[14] 5 minutes,[15] 12 minutes,[16] or 15 minutes[17]to one's Shabbat observance

    There does not seem to be any clear evidence in halachic literature to suggest that the various customs as to when one should light the Shabbat candles is directly related to the concept of Tosfot Shabbat. Indeed, the Previous Zvhil-Mezbuz Rebbe of Boston, Rabbi Jacob I. Korff, encouraged women whose custom was to light candles at 18 or 20 minutes before sunset to actually light an additional 2 minutes earlier in order for them to satisfy Tosfot Shabbat. Similarly, this can be seen by the phenomenon on Yom Tov where many women choose to light the Yom Tov candles well after Yom Tov has begun.[18] Women who have this custom should nevertheless make every effort to fulfill the mitzva of Tosfot Shabbat by accepting Yom Tov at one of the recommend earlier times as mentioned above even though they will light later on in the evening. It is interesting to note however that whenever a woman lights her Shabbat candles she is concurrently fulfilling the mitzva of Tosfot Shabbat as well. Men can choose their Tosfot Shabbat practice based on other considerations regardless of when one's wife lights the candles.[19] While one should make every effort to light the Shabbat candles consistently at the same time every week and according to one's established family custom, ultimately the mitzvah of Shabbat candles is discharged as long as the candles are lit anytime before sunset.

    NEXT WEEK: "Noth-South or East-West - The Position of the Bed". Please send me your lesser-known and obscure sources as well as anecdotes for inclusion. I truly thank and appreciate all those who sent me tidbits in preparation for this article. rabbiari@hotmail.com



    *************

    [1] O.C. 263:4, Mishna Berura 261:25
    [2] See Aruch Hashulchan 263:19 who allows accepting Shabbat before Plag Hamincha
    [3] O.C. 263:4
    [4] Magen Avraham O.C. 263:20, Tzitz Eliezer 10:19
    [5] Shabbat 35b
    [6] Sefer Yereim 274
    [7] There are additional approaches on how to understand the Yereim as well. One view contends that the Yereim holds that the day ends 13 minutes before Sunset, and then 1.5 minutes is to be added for "Tosfot Shabbat" which would put candle lighting time 15 minutes before sunset. There is another approach to the Yereim that would put candle lighting time at 20 minutes before sunset. See Minhag Yisrael Torah 261:1
    [8] Shita Mekubetzet Beitza 30a
    [9] Although a siren goes off in Ramat Beit Shemesh 40 minutes before sunset there is no need or source to light Shabbat candles at that time. In fact, well placed rabbinical sources have told me that the "40 minute" RBS siren is simply "another distasteful attempt in religious intimidation by a few individuals who would like to force their ways on everyone else". The official custom of Beit Shemesh is to light 18-20 minutes before sunset. Of course, those who choose to light 40 minutes before sunset due to their love of Shabbat and hiddur in Tosfot Shabbat – tavo aleihem bracha.
    [10] Kaf Hachaim 261:23
    [11] Yabia Omer 5:21
    [12] Biur Halacha 261:2
    [13] Igrot Moshe O.C. 1:96, Eretz Hatzvi 60
    [14] Avnei Nezer 4:98
    [15] Minchat Elazar 1:23
    [16] Siddur Yaavetz
    [17] Mishna Berura 261:22
    [18] Mate Efraim 625:33, Be'er Heitev 503:4
    [19] Mishna Berura 261:63


    Monday, January 28, 2008

    New Periodical: Tradition vol. 40 no. 4, Winter 2007

    A great new issue of Tradition just came in the mail (not yet available online):
    • Editor's Note: Cops and Robbers by R. Shalom Carmy - Thoughts on the practice of responding to disaster by pointing to specific sins.

    • Rabbinic Responses to Communism by R. Yitzchak Blau - A fascinating review of the halakhic and philosophical responses to communism.

    • Ethical Dilemmas in Stem Cell Research: Human-Animal Chimeras by Dr. John D. Loike and R. Moshe D. Tendler - What does Judaism have to say about implanting human brain cells into animal fetuses?

    • The Universal Nature of Pru Urvu and an Analysis of its Implications by Dr. David Nuestadter - The unique aspects of the mitzvah of procreation and its universal nature.

    • A Note on R. Saul Lieberman and the Rav by R. Aaron Rakeffet-Rothkoff - Brief but interesting musings on Prof. Saul Lieberman, particularly in relation to R. Joseph B. Soloveitchik.

    • Survey of Recent Halakhic Periodical Literature: Styrofoam Cups and Utensils; Formula-Fed Veal by R. J. David Bleich - 1) The serious problems of non-kosher residue on styrofoam cups and the multiple leniencies required to permit their use. 2) Disputing certain assumptions in R. Moshe Feinstein's responsa prohibiting white veal and reviewing the recent responsa on the subject, with what seems to me to be an inclination to permit.

    • Book Review: Abraham's Promise: Judaism and Jewish Christian Relations by Michael Wyschogrod (review by R. Aryeh Klapper) - Fundamental theological criticisms of this book.

    • Communications: Biblical Narratives and the Status of Enemy Civilians in Wartime; Torture and the Ticking Bomb - Letters from Dr. Maier Becker and Dr. Russell Jay Hendel, and responses from R. Yitzchak Blau and R. J. David Bleich.


    The Monster Inside II

    R. Yaakov Horowitz offer part two of his essay on child abuse and molestation with "Safe and Secure" (link):
    Sad as it may sound, the painful reality is that you cannot provide your children foolproof protection from what are, in my opinion, the greatest physical and spiritual dangers that they might face during their formative years; abuse and molestation. Why? Because it is simply impossible to follow them wherever they go, all the more so as they pass through their pre-teen and teenage years. Furthermore, it is impractical and harmful to their sense of security to raise them to be frightened or suspicious of every adult that they meet. Finally, it is important to understand that although most of the high-profile abuse cases are school based, they are only a tiny percentage of the instances of molestation. Abusers are far more likely to be extended or close family members, older kids in the neighborhood, family friends, neighbors and peers.

    With that in mind, I suggest that you view things from a broader perspective and think of protecting your children from abuse/molestation in the following four domains:

    1) Training your children about healthy and appropriate norms for behavior between adults and children;

    2) Equipping your children with the knowledge of what abusive behaviors are;

    3) Empowering your children with the self-confidence to assert themselves when their personal space is violated; and

    4) Supporting your children if and when they report to you that they are feeling that things are out of order...
    Continued here


    Sunday, January 27, 2008

    Eternal Belief

    Right before the giving of the Torah at Mt. Sinai, God tells Moshe (Ex. 19:9):
    הנה אנכי בא אליך בעב הענן בעבור ישמע העם בדברי עמך וגם בך יאמינו לעולם
    Behold, I come to you in the thick cloud, that the people may hear when I speak with you, and believe you forever.
    The question that this verse raises is that not everyone has believed Moshe's words forever. Particularly in the modern era, there are many Jews who do not believe in the truth of the Torah. And if one includes in those who do not believe Moshe those Jews who decided to reject the commandments of the Torah and adopt either Christianity or Islam, then there have been many Jews throughout the past 2,000 years who have failed to believe in Moshe.

    Click here to read moreA simple answer is that the promise is that there will always be some Jews who believe Moshe, and not necessarily that every Jew will always believe. However, the Rambam did not interpret the verse in that way. In his Iggeres Teiman (link), the Rambam writes that the descendants of any Jew who was at Mt. Sinai will always remain faithful to Judaism. Anyone who rejects Judaism proves that his ancestors were not at Mt. Sinai. This is also how his son explains the verse in his commentary to Exodus 19:9. If so, how do we understand the reality we see? Even the greatest families have lost members to non-observance and disbelief.

    One answer could be that our community is largely descended from converts who did not physically stand at Mt. Sinai for the giving of the Torah, certainly a debatable suggestion. Another is offered by R. Yisrael Ya'akov Kanievsky in a letter to R. Moshe Mordechai Schlesinger and published in the latter's Mishmar Ha-Levi'im (as quoted in Talelei Oros, Ex. 19:9). R. Kanievsky suggests that the promise only relates to natural belief. The descendants of those who stood at Mt. Sinai will all naturally believe in Moshe. However, this does not prevent external influences--secular studies, newspapers, etc.--from drawing them away from this belief.

    Alternately, one could suggest that this is somewhat of an exaggeration. The Gemara (Nedarim 20a) states about someone who lacks shame that it is clear that his ancestors did not stand at Mt. Sinai. And the Gemara (Beitzah 32b) states about someone who does not show mercy on creatures that it is clear that he is not descended from Avraham. Does the Gemara mean that literally or is it merely a generalization intended to teach a moral point? I think the latter, and that is probably what the Rambam intended as well.


    Friday, January 25, 2008

    Redeeming the Imprisoned

    A commandment that receives one of the highest priorities is that of pidyon shevuyim, redeeming captives. It is considered a great mitzvah to redeem a Jew who is imprisoned. In traditional literature this mitzvah was primarily framed in the talmudic era of Roman and Persian rule, and later in medieval Europe, where legal systems were often discriminatory, prisons life-threatening, and torture prevalent. Does this mitzvah apply to someone jailed in US prisons based on a generally fair judicial process?

    Click here to read moreR. Michael J. Broyde, The Pursuit of Justice and Jewish Law, pp. 83-84 n. 15:
    The question that is worthy of pondering is the relationship between the obligation to redeem captives (found in Shulhan Arukh, Yoreh Deah 253) and the prohibition to inform. In cases where there is no prohibition to inform (as informing is permitted, see Darkei Teshuvah 157:53) a logical case can be made that there is no mitzvah to redeem captives (as they are in prison properly) when there is nothing wrong with informing. This exact observation is made in the name of Rabbi Shlomo Zalman Auerbach in Ve’aleihu lo Yibol, volume 2:113–114, which recounts in the name of Rabbi Yehuda Goldreicht:
    I asked Rabbi Auerbach about a particular Jew who stole a large sum of money and he was caught by the police in America. He was sentenced to a number of years in prison in America. Was it proper to assist in the collection of money for him [we were speaking about a large sum of $200,000] in order to fulfill the mitzvah of redeeming captives to have him released from prison?

    When Rabbi Auerbach heard this he stated “Redeeming captives?! What is the mitzvah of redeeming captives here? The mitzvah of redeeming captives is only when the gentiles are grabbing Jews, irrationally, for no proper reason, and placing them in prison. According to what I [Rabbi Auerbach] know, in America they do not irrationally grab Jews in order to squeeze money from them. The Torah says ‘do not steal’ and he stole money — on the contrary, it is good that he serve a prison sentence, so that he learns not to steal!”
    For extensive treatment of the topic of informing and when it applies, see the entire Chapter Eight of The Pursuit of Justice and Jewish Law.


    Thursday, January 24, 2008

    Summaries and Notes on Emunos Ve-Dei'os

    This is the first in a series of posts in which I offer summaries and notes on classic texts of medieval Jewish philosophy. The following is from R. Sa'adia Ga'on's Emunos Ve-Dei'os (The Book of Beliefs and Opinions). I started from essay 3 rather than the beginning for no thoughtful reason.

    Essay 3: Introduction

    The Reason for Creation

    It has already been explained that God has no beginning -- He is eternal -- and nothing else is. And that (one of) the (three) reason(s) for God creating the universe was as a kindness on His part. His greatest act of kindness was to give existence to His creations. He also gave them a way to reach great goodness, commandments to follow through which to achieve this goodness. The reason is that someone who acquires something through his own effort receives more than someone who receives the result as a gift.

    Click here to read more[What is this good? It must be pleasure, whether physical or spiritual.]

    [Is it that someone who achieves something appreciates the reward more or deserves more? It sounds like the latter. But someone who does nothing, and receives reward as a gift, deserves nothing. And if this is a kindness from God, what does it matter what someone deserves? Also, if this pleasure is infinite, how can there be different levels of enjoyment? If it isn't infinite, why not?]

    [What about those creations that were not commanded? Why don't they get the great good?]
    Essay 3: Chapter 1

    Two Types of Commandments: Rational Commands and Obedience Commands

    God told us through His prophets that He gave us a religion to follow that has commandments He obligated us to keep.

    [It sounds like the commandments are an obligation independent of the revelation at Mt. Sinai. When did that obligation begin? Presumably when we learned about each mitzvah. See the Rambam in Mishneh Torah, Hilkhos Melakhim ch. 9.]

    After we accepted and followed the commandments, we realized that they are so logical that we would have come up with them without having been commanded.

    [Then why didn't we? Or is this a reference to the Patriarchs observing the commandments without being commanded to do so?]

    Logic dictates that you should thank or respond in kind to someone who acts kindly to you. Logic also dictates that a wise man does not give others permission to insult him. [Contrary to the Novardok school of Mussar.] Therefore, God commanded people 1) to thank and serve Him, and 2) not to act improperly to Him. Logic also dicates that 3) people not damage each other, so God forbade it. The first kind (gratitude) includes prayer and worshipping God. The second kind (refraining from insult) includes idolatry and swearing with God's name in vain. The third kind (interpersonal) includes justice and refraining from murder, theft, adultery, gossip, etc. God planted in our understanding that we must refrain from all this.

    [Is logic independent or did God create it and plant it in us?]

    There is a second type of commandment that logic does not demand but God commanded us in them in order o give us reward for obeying Him. But even these commandments have reasons.

    [Does this mean that every single commandment has a reason?]


    Announcements #020

  • Sacred Monsters - Multimedia Presentation and Book Signing

    Sacred Monsters: Mysterious and Mythical Creatures of Scripture, Talmud and Midrash
    by Rabbi Natan Slifkin

    Multimedia Presentation & Book Signing

    The Israel Center (22 Rechov Keren HaYesod, Jerusalem)
    Sunday, January 27th, 8pm


  • Flipping Out? on the Radio

  • Steve Savitsky has a great interview with R. Shalom Berger on OU Radio, currently available: link

  • Dr. Chaim Waxman will be on the Zev Brenner radio show this Saturday night, midnight on WMCA 570 AM in New York: link


  • Torah U'Madda Week at Stern College for Women

    Cosponsored by the Biology Department, SCW and the Center for Israel Studies

    All talks will be held in Levy Lobby of 215 Lexington (East 33rd & Lex.); 6:00-6:30 P.M.- meet the speaker; from 6:30-7:30 P.M., the presentation.

    Monday, Feb. 4, 2008, Rabbi Natan Slifkin, "Sacred monsters -the fabulous Jewish creatures of Harry Potter."

    Tuesday, Feb. 5, 2008, Dr. Nathan Aviezer, "On contradictions between Torah and science: the creation of the universe."

    Wednesday, Feb. 6, 2008, Rabbi Edward Reichman, M.D., "How would like your eggs served? The Halakhic Approach to New Frontiers in Ovarian Preservation and Transplantation."


  • Eating Out -- What Could Be The Problem?

    As part of the OU's Harry H. Beren Ask OUtreach program, R. Dov Schreier will be giving a Halacha L’Maaseh Kashrus Shiur at Yeshiva Mesivta Torah Vodaath Sunday, January 27th at 2:30 PM in Rav Belsky’s Shiur Room.

    This shiur will include detailed information and handouts concerning restaurants, hotels, caterers and the Shul Kiddush. A Question and Answer session will follow the presentation.







  • (Announce your simchah or Torah lectures by clicking on the button in the top right corner of Hirhurim. See here for readership statistics.)


    Converting a Messianist III

    In a recent Op-Ed in The Jerusalem Post (link), Dr. David Berger offers four quotations from Lubavitch Messianic rabbis (see this post). In response to a request from me for references, which are inappropriate in an Op-Ed, Dr. Berger kindly offered the following:
    Click here to read more
    1. The English section of Beis Moshiach, Dec. 9, 1997.

    2. A translation of a passage in Ginsberg's book Mashiach Akhshav, vol. 4, p. 27. Here is a more complete citation in Hebrew:
      אין זה משנה כלל אם הדופק הגשמי פועל או אם לאו, ואם ישנם כל מיני תופעות הקשורות בחיים גשמיים כפי שהם מוכרים לנו-- חייו הגשמיים של הרבי מעולם לא היו באופן ובמובן המקובל אצלנו, ואותם חיים גשמיים אמיתיים שלו ממשיכים באותו תוקף כפי שהיה מקודם.
      יתרה מזו: כפי שמוסבר במקומות רבים, הרבי הוא 'בעל הבית' על כל מה שקורה עמו, ועל כל מה שקורה בעולם. בלי הסכמתו לא יכול להתרחש שום מאורע, ואם יעלה ברצונו, יכול הוא לפעול ולעשות כל דבר, 'ומי יאמר לו מה תעשה'. ואם-כן, הרי שברצונו יכול הוא בכל רגע לפעול שגם החושים הגשמיים יפעלו באופן המוכר לנו, ומה שאינו עושה כן זהו אך ורק מפני שאינו רוצה לעשות כן!... דווקא משום שהרבי הוא אדם גשמי כמו שאר העם, וביחד עם זה בו שורה הקדוש ברוך הוא בכל תוקפו כמות שהוא (מפני עצם ביטולו לה' לגמרי, עד שזה הופך להיות כל מציאותו ממש)--לפיכך דווקא על ידו יכולה החיות האלוקית להתלבש ולהאיר ולהחיות את העולם הזה הגשמי.
    3. An English article that appeared in a journal called Inyanei Moshiach #4. The article is discussed in Dr. Berger's English book, pp. 99-101. The author is a mashpia in Oholei Torah/Oholei Menachem.

    4. An article available at http://www.hageula.com/?RowID=5&CTopic=3&STopic=4


    Wednesday, January 23, 2008

    Converting a Messianist II

    In response to an Op-Ed by Shmuley Boteach last week arguing that a Lubavitch Messianist candidate for conversion should be accepted (link), Dr. David Berger wrote a forceful response with some chilling quotes from Messianist rabbis (link). His main point, however, is summed up here:
    The issue before us is not whether belief in a second coming, which shatters the parameters of the messianic faith of Judaism, is outright heresy. Not every non-heretic has a presumptive right to be welcomed into the Jewish people. To allow a non-Jew to cross the line into Judaism while affirming a belief that Jews through the ages have seen as a defining characteristic of a rival faith is to declare that that belief, while probably incorrect, is acceptable in Judaism. It is to declare that on a matter of fundamental principle, our martyred ancestors were wrong, and their Christian murderers were right.
    (See also this post)


    Non-Male Non-Orthodox Non-Rabbis

    There was an article in The Jerusalem Post a few weeks ago announcing that the Hartman Institute has decided to start ordaining women as Orthodox rabbis (link). I did not comment on it initially because it seems like something was missing in that article. From what I read, the Hartman Institute is training men and women to be Jewish educators. That is nothing particularly controversial. However, at the end of the program they will be ordaining the participants as rabbis. Basically, according to the article, the institute seems to be just giving the title away without any training in the primary rabbinic role of ruling on halakhic issues. What I see is not that the women will also be rabbis but that not even the men will be.

    Click here to read moreAdditionally, the rabbis seem to be studying in a multi-denominational setting and learning from teachers of various denominations. It's hard to call that an Orthodox atmosphere. So is it really an Orthodox ordination? I find it hard to call it that. Again, that is just based on a single, confusing article so I don't think that anyone can draw any legitimate conclusions from it. I am not commenting on the institute or its program, but on the picture drawn in that single article.

    There is a new article now, this time in Slate (link), that I think makes an important point. The author complains that Orthodox women scholars cannot take positions of rabbi, even if they can take rabbi-like positions. I fully agree that this is a significant problem. See section IV of this post. The ordination or near-ordination of women will, in my opinion, inevitably lead to a state of employment inequality between men and women or force women to compromise on their religious values. The entire enterprise should, in my opinion, be abandoned.

    I found it surprising that the author of this article wrote that the female (non-ordained) scholar who took over the leadership of Prof. David Weiss Halivni's congregation will be performing the author's wedding. Prof. Halivni himself wrote in his article on the ordination of women that they may not perform weddings. See footnote 4 in this post and the Pischei Teshuvah, Even Ha-Ezer 49:2 about non-rabbis not being allowed to perform weddings. I mention this because I consider it an important precedent that should be explained and publicly halakhically defended.


    The God-Parent Metaphor

    Chief Rabbi Jonathan Sacks, To Heal a Fractured World: The Ethics of Responsibility, pp. 24-25:
    The use of a metaphor [of God as a parent], however, may at times change the meaning of the metaphor itself, and that is the case here. Alongside a revolutionary concept of God, Judaism gave rise to an equally revisionary understanding of what it is to be a parent. In the ancient world, children were the property of their parents without an independent dignity of their own. That gave rise to the form of idolatry most repugnant to the Bible, child sacrifice (against which the story of the binding of Isaac is directed: God wants Abraham not to sacrifice his child.) It also set in motion the tragic conflict between sons and fathers dramatized in the myth of Oedipus, which Freud, wrongly I believe, saw as endemic to human culture.

    The Hebrew Bible tells the long and often tense story of the childhood humanity under the parenthood of God. But God does not want humankind to remain in childhood. He wants them to become adults, exercising responsibility in freedom. In Jewish law, the obligations of children to parents begin only when they cease to be children (at the age of 12 for girls, 13 for boys). Before then they have no obligations at all. Paradoxically, it is only when we become parents that we understand our parents -- which is why the first recorded command in the Bible is that of parenthood ("Be fruitful and multiply"). A weak parent seeks to control his children. A true parent seeks to relinquish control, which is why God never intervenes to protect us from ourselves. That means that we will stumble and fall, but only by so doing does a child learn to walk. God does not ask his children not to make mistakes. To the contrary, he accepts that, in the Bible's own words, "There is none on earth so righteous as to do only good and never to sin" (Eccl. 7:20). God asks us only to acknowledge our mistakes and learn from them. Forgiveness is written into the structure of the universe.


    Spend Pesach in Israel


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    Parashah Roundup: Yisro 5768

    by Steve Brizel

    Yisro and Moshe

  • R. Yaakov Medan analyzes how and when the Torah mentions the appointment of judges-before Matan Torah and after Kivros HaTaavah and R Jonathan Sacks explains how Yisro's suggestions, enabled Pshara to become a major element of Choshen Mishpat: link I, link II
  • R. Yissachar Frand discusses the advice that Moshe Rabbeinu received from Yisro and the importance of individuals both as members and leaders of society: link
  • R. Zev Leff underscores why Yisro's positive reaction to the splitting of the Red Sea and the war with Amalek was different than his contemporaries: link
  • R. Shlomo Riskin contrasts Amalek and Yisro and reminds us of the ultimately universal message of the Torah: link
  • R. Asher Brander shows how Yisro listened and changed his life: link
  • R. Berel Wein shows that Moshe's treatment of Yisro is how we should treat all "outsiders" and value their advice on a personal and communal level: link


  • Click here to read morePreparing for Divine Revelation and the Aseres HaDibros

  • The Netziv in HaEmek Davar (as prepared by R. Eliezer Kwass) and R Mayer Twersky emphasizes that the more one prepares for an encounter with the Divine, the more one appreciates it: link I, link
  • R. Shlomo Wolbe zt"l tells us why the Torah mentions that the Jewish People journeyed from Refidim to Sinai: link (RTF)


  • Bchira Chofshis and Matan Torah

  • R. Elyakim Krunbeim revisits the question of whether the Jewish People accepted the Torah out of their own free choice: link
  • Dr. Raphael Yarchi poses the question whether the Revelation at Sinai was aristocratic or democratic in nature: link


  • Matan Torah and Kabalas HaTorah-The Purpose of the Exodus

  • R. Herschel Schachter proves that Talmud Torah, Tefilah and Karbanos reflect a direct interaction with God and that the ability to be Lifnei HaShem in the performance of these Mitzvos was the true purpose of the Exodus: link
  • R. Efraim Buchwald argues that the acceptance of the Aseres HaDibros via the offering of the next generation as the guarantors of the Torah proves that Jewish education should be our foremost communal priority: link


  • Chosenness

  • R. Jonathan Blass, R. Chaim Eisen, R. Yaakov Feitman, R. Moshe Lichtenstein, R. Dr. Norman Lamm, Dr. Eitan Fiorino, M.D., PhD, R. Lawrence Kelemen, R. Shmuel Hain and R. Meir Soloveichik offer their views on this often misstated and misunderstood idea: link I (PDF), link II, link III


  • The Acceptance of the Yoke of Heaven and Mitzvos

  • R. Yosef Yitzchak Lifshitz shows us how a life of Torah and Mitzvos serve as a bridge between finite man and The Infinite God: link


  • The Indivisibility of the Decalogue

  • R. Yaakov Haber (formerly of RIETS and now a rebbe in a number of yeshivos and seminaries in Israel) underlines why one cannot accept some, but not all of the Aseres HaDibros: link


  • Dibros Rishonos and Dibros Shniyos

  • R. Yitzchak Etshalom demonstrates how the Dibros Rishonos and Dibros Shniyos necessarily complement each other: link



  • Matan Torah: The Marriage Between God and the Jewish People

  • R. Herschel Schachter proves that Kabalas HaTorah, an event from which we incorporate many aspects into the marriage ceremony, requires the Jewish People to emulate God's ways by leading a private life, except when necessary to perform and enhance certain mitzvos: link


  • Kabalas HaTorah, Talmud Torah and Derech Eretz

  • R. Mordechai Willig explores an old Machlokes and suggests that throughout Jewish history, learning Torah on a full time basis was always relegated for the few, as opposed to the majority of the Jewish people and that secular studies are for almost everyone: link


  • Divine Revelation at Sinai-a Singularly Unique Event- Orthodoxy and Orthopraxy

  • Although this Roundup generally refers the reader to web friendly and easily downloadable articles and Divrei Torah, due to the importance of this issue, I refer the reader with with access to the following Essays of :

    1) R. Dr. David Berger in Tradition of recent books by Dr. Menachem Kellner (Must a Jew Believe Anything?) (Summer 1999) and R. Irving Greenberg (For The Sake of Heaven) (Summer 2005), and R. Meir Soloveichik (March 2007) entitled “Of (Religious) Fences and Neighbors” (accessible only to those with access to Commentary's archives) as well as

    2) the essays of R. Dr. Marc B. Shapiro, "Maimonides' Thirteen Principles: The Last Word in Jewish Theology" (link) and R. Yitzchak Blau's article “Flexibility with a Firm Foundation: On Maintaining Jewish Dogma” (link); and

    3) the discussions on this blog and elsewhere re “Expanding the Palace of the King-Orthodoxy and Feminism" by Dr Tamar Ross and the critique of Dr. Aryeh Frimer that touched on this issue.


  • Shabbos

  • R Yaakov Haber (TorahLab) , based on the Nesivos Shalom, suggests that we try harder to use Shabbos of having God permeate our lives: link
  • R Yosef Yitzchak Lifshitz explores the meaning of Melacha: link


  • Kibud Av Vaem

  • R. Avigdor Nevenzal explores the halachic and ethical dimensions of honoring one's parents: link


  • Lo Sachmod

  • R. Michael Rosensweig shows why the prohibitions of coveting people and property are part of the Aseres HaDibros: link


  • Remembering The Revelation at Sinai

  • R. Aharon Lichtenstein emphasizes how one remembers the Revelation of Sinai: link


  • Krias HaTorah and the Aseres HaDibros

  • R. Mordecai Kornfeld discusses the halachic basis of the minhag of standing for the reading of the Aseres HaDibros: link

  • Tuesday, January 22, 2008

    Brich Hu or Amen?

    By: Rabbi Ari Enkin

    No doubt readers are well aware of the differing customs on how to respond to Kaddish when the leader reaches "Brich Hu". According to some customs, the proper response is "Brich Hu", while others respond "Amen."[1] Which one is the proper response? How did the two differing customs evolve?

    A simple reading of the Shulchan Aruch seems to indicate that the proper response at this point of the Kaddish is "Amen".[2] This is the custom of the Sefardim, Chabad, and a sprinkling of others based on the teachings of the Arizal. The Rema however writes that "Amen" would not be an appropriate response at this point, as he holds like the view of the Or Zarua[3] that there should be no interruption whatsoever between the words "Brich Hu" and the following "L'eila".[4] According to this view, "Brich Hu" is actually intended to be a part of the words that follow it, not those which preceeded it. It may just even be that the Rema opposes any response or interruption at this point, whether from the leader or the congregation. Perhaps this is why that in the Zilberman minyan in the Old City of Jerusalem they don't answer anything at all. It is said that this was the custom of the Gra. Alternatively there is a view which says that "Brich Hu" actually belongs to the words which preceed it, not those that follow it.

    Click here to read moreThe Kaf Hachaim[5] explains the Arizal's view which is that the "Amen" after "Brich Hu", along with the other Amens of Kaddish are all vital and strategically stationed in order to properly separate between the different components of the Kaddish. The Shaarei Teshuva explains and supports the view of the Arizal as well.[6] Rabbi Joseph B. Soloveitchik subscribed to this view and always answered "Amen" in Kaddish.

    The true source for the custom to answer "Brich Hu" is obscure and not clearly stated anywhere. It seems to derive from the Likutei Maharich, based on the Taz, who says that answering "Brich Hu L'eila" is intended to serve as a "sign" to the one reciting Kaddish that his "Brich Hu" is connected to the following segment which continues with the words "L'eila Min Kol Birchata".[7] Such a response however posses a problem as one can be misled to believe that God is only to be praised "L'eila", above in Heaven, and not below here on Earth. Therefore the word "L'eila" was dropped and the response was left simply as "Brich Hu". It seems that it was only a congregational response of "Brich Hu L'eila" that was deemed problematic, however the custom of some ba'alei tefilla to recite the words "Brich Hu L'eila Min Kol Birchata" in a single uninterrupted utterance when reciting Kaddish does not pose such a problem.[8]

    The Levushei Mordechai[9] states that the congregational response of "Brich Hu" is the true Ashkenazi custom with "Amen" belonging to the Sefardim. It is explained that according to the view of the Rema that the leader should recite the Kaddish as "Brich Hu L'eila Min Kol Birchata" in a single uninterrupted utterance, responding "Amen" would serve no constructive purpose as no "interruption" should be made at that point! A response of "Brich Hu" however, is more consistent as it can be viewed as a concurrent prayer rather than an interrupting response. The Eliyahu Rabba subscribes to this latter view. It should be noted that "Brich Hu" is actually one of God's names.[10]

    Those whose custom it is to follow the Arizal who specifically requires an interruption between "Brich Hu" and "Leila Min Kol Birchata" responding "Amen" fills precisely this function as it is explained in the Shaar Hakavanot.[11] It seems however that the Mishna Berura would prefer the response of "Brich Hu" over "Amen" even for those who follow the Arizal.[12]

    It is interesting to note that it is not so clear that it is permissible for those whose custom it is to respond "Brich Hu" to do so when hearing Kaddish while in the midst of Pesukei d'Zimra, as it is deemed by some authorities as an unwarranted interruption.[13] It goes without saying that this ruling is the same for one who hears Kaddish while in the midst of "Birchot Kriat Shema", and even "bein haprakim". Indeed, I am told that Rabbi Mordechai Willig does not even answer "Brich Hu" to the Kaddish before Barchu even when he himself is holding with the congregation. One should always be careful when reciting or responding to Kaddish to properly say "Brich Hu" and not accidentally say "Brichu".[14]

    NEXT WEEK: "The Evolution of Shabbat Candle Lighting Times". Please send me your lesser-known and obscure sources as well as anecdotes for inclusion. I truly thank and appreciate all those who sent me tidbits in preparation for this article. rabbiari@hotmail.com



    **************************


    [1] Aruch Hashulchan O.C. 56:6
    [2] O.C. 56:2
    [3] 1:42, cited in Piskei Teshuvot 56:7
    [4] Rema O.C. 56:2
    [5] O.C. 56:29
    [6] O.C. 56:6
    [7] Aruch Hashulchan O.C. 56:6
    [8] This paragraph based on Minhag Yisrael Torah O.C. 56:1
    [9] 2:10, cited in Minhag Yisrael Torah O.C. 56:1
    [10] Berachot 19a
    [11] Cited in Kaf Hachaim O.C. 56:29
    [12] Shaar Hatziun 56:30
    [13] Igrot Moshe 2:16, Tzitz Eliezer 11:3
    [14] Kaf Hachaim 56:14


    Monday, January 21, 2008

    Flipping Out in Yiddish: דאָס יאָר אין ישׂראל

    An article about the "Year in Israel" and the book Flipping Out? in the Yiddish Forward: link


    Rational Religion

    R. Avigdor Nebenzahl, in his Sichos on Shemos (I believe no. 13, sorry but everything that follows is paraphrased from [faulty] memory), quotes the Mekhilta that explains the change from "זכור - Remember" in the fifth commandment as said in Exodus (20:8) to "שמור - Guard" in Deuteronomy (5:11). Both words were said at the same time. In the words of the Lecha Dodi poem, "שמור וזכור בדבור אחד השמיענו א-ל המיוחד - "Observer" (Shamor) and "Remember" (Zakhor) in one act of speech, the One and Only God made us hear" (translation from R. Jonathan Sacks' prayerbook).

    R. Nebenzahl poses a problem to this explanation. R. Yehudah Aryeh (Leon) of Modena, a controversial scholar of the seventeenth century, stated that Judaism rejects miracles that are logically impossible. A miracle may contradict nature but it must be conceivable. This is in contrast to Christianity, where logically impossible miracles are accepted. If we accept this principle of R. Yehudah Aryeh of Modena, which R. Nebenzahl does, then we must ask how it is conceivable for two words to be said at the same time, by the same voice. It is logically impossible.

    Click here to read moreWe cannot reject logic in favor of illogical belief. It says in Mishlei (21:16): "אדם תועה מדרך השכל בקהל רפאים ינוח - Whoever wanders from the way of understanding will rest in the assembly of the dead." God gave us our minds to be used. If you accept things uncritically then you will accept anything!

    R. Shimon Shkop (Sha'arei Yosher 5:2), in explaining that the obligation to pay a debt is from a logic that is more basic than a Torah command, goes further and writes:
    Even though at first it seems odd for what obligation is there on a person to do something without a command of the Torah to do it, when one delves into this matter one can understand that even without a command to serve God and fulfill His will one is still obligated to do so from logic.
    Logic is the basis of our relationship with God and serves as the foundation of our religion. If we accept religious beliefs that are counter to logic, we are undermining the basis of the Jewish worldview.

    Therefore, suggests R. Nebenzahl, "Zakhor" and "Shamor" could not literally have been said at the same time. Rather, since we are discussing prophecy, they must have been prophetically received simultaneously.

    (As a parenthetical note, the reader of R. Nebenzahl's book is directed to a later essay that discusses the limitations on human intellect and on individuals as well. This must be humbly recognized, albeit without rejecting the principal of a rational religion.)


    Sunday, January 20, 2008

    Religious Search

    The question sometimes arises whether a Jew, in his honest search for truth, must examine every religion to see which one is true. Should a Jew simply pursue his own religion or must he also examine other religions? If the answer is no, should someone born into an idolatrous cult also not examine other religions?

    Click here to read moreR. Yosef Albo (Sefer Ha-Ikkarim 1:24) addresses this question. He makes the point that if everyone has to investigate other religions, then no person will ever be certain in his beliefs because there could always be another, truer religion that he has yet to investigate. However, if not, then we are saying that people should be content with their ancestral religions, implying that they are all legitimate. Therefore, a person should ensure that his religion corresponds to the logical boundaries of a true religion (that R. Albo spends a good deal of time discussing). Those religions that do not should be rejected. Furthermore, through various arguments he points out that Judaism is clearly truer than Christianity and Islam.

    In today's day, when the religions that we know about are much more numerous than just the big European three, it is harder to sustain R. Albo's arguments. This is particularly so because he relies heavily on the other arguments throughout his treatise, which may not be able to withstand modern criticism. Which leaves us back with the original question of whether a person should examine every religious alternative before settling on one.

    I would suggest, and perhaps R. Albo actually intends this, that a person should examine his own religion. If he finds it wanting then he should examine other religions. Otherwise, he should be content with his religion.

    In other words, accept your ancestral religion unless it can be factually, logically or morally disproven.


    Friday, January 18, 2008

    The Price of Insularity

    Gutsy essay by R. Yitzchok Adlerstein about the current tax scandal in his city (link). He is looking for a lesson in the wake of this scandal:
    Perhaps some reader will prove me wrong, but why is it that neither I nor the friends I asked can remember similar scandals affecting Orthodox Jews of German extraction? Is it only that “yekkes” are straighter? Is it not also that their attitudes towards the rest of the world are not as contemptuous and not as benighted as in other quarters? Why does it take so long for some people to take note of the differences between corrupt, anti-Semitic governments of older vintage, and the arguably better record of the medinah she chesed we inhabit? Is it not related in part to having no frequent and sustained interaction with our neighbors, so that only fictionalized versions of them are encountered?

    Insularity has its merits, but it seems to come at a price as well. Part of that price is living in a time warp, where little has changed from hundreds of years ago, and all non-Jews are assumed to be cut of the same cloth. Those who promote insularity as a hedge against dilution of spiritual energy had better come up with a way of injecting a bit of an update in attitudes towards non-Jews and non-Jewish governments, or scandals such as the present one will continue to plague the community.
    (Note to commenters: Please do not turn this into an argument about whether or not insular communities have more scandals. If you disagree with the premise, please just say so without going into further depth.)


    Thursday, January 17, 2008

    Parashah Roundup: Beshalakh 5768

    by Steve Brizel

    Miracles and The Natural Order

  • R. Dr. David Berger examines a well known and possibly misunderstood comment of the Ramban at the end of Parashas Bo (Shemos 13: 15 s.v. Min Hanisim): link (PDF)


  • The Exodus and Jewish Unity

  • R. Mordecai Kornfeld examines how the Exodus serves as a model for Jewish unity: link


  • Bitachon and Hishtadlus

  • R. Avigdor Nevenzal contrasts the approaches of R Yisrael Salanter and the Chazon Ish: link


  • Az Yashir

  • R. Yissachar Frand shows us that complaining and a general attitude of bitterness were two negative traits that should be avoided as much as possible in Avodas HaShem: link
  • R. Zev Leff reveals the difference between the Torah and secular definitions of freedom: link
  • R. Yaakov Horowitz, based upon the Shem MiShmuel, suggests that the turn back towards Egypt, was designed to allow Am Yisrael to make its own choice to enter the Red Sea: link
  • R. Shlomo Riskin examines the comparison between a successful shidduch and splitting the Red Sea: link
  • R. Michael Rosensweig discusses when reliance upon Tefilah is either insufficient or improperly stressed at the expense of other aspects of Avodas HaShem: link
  • R. David Horwitz examines who is the subject of the Shirah in light of the well known differences between religious monotheism and ontological monotheism: link
  • R. Jonathan Sacks shows how the various views in the Talmud as to how the Shirah was recited are relevant to our roles as teachers, parents and students: link
  • R. Efraim Buchwald explains why the generation of the Exodus was the first to offer praise to God: link
  • R. Shlomo Wolbe zt"l explores the relationship between the Shirah and the building of the Beis HaMikdash: link (DOC)
  • The Kedushas Levi (as prepared by R. Eliezer Kwass) reminds us that Am Yisrael wanted to keep the memory of the miracle of the splitting of the Red Sea as fresh as possible in their minds: link


  • The Mitvos Given at Marah

  • R. Yitzchak Etshalom demonstrates the connection between the direction taken out of Egypt, the crossing of the Red Sea and the Giving of the Torah: link (PDF)
  • R. Yaakov Medan offers a survey of the 40 years in the desert and explores why Shabbos and Kibbud Av VaEm were the mitzvos given at Marah: link
  • R. Aharon Lichtenstein examines why the mitzvah of Parah Adumah was given link


  • Tefillah, Shirah and Amalek

  • R. Asher Brander explains why Tefillah was an inappropriate response before the Jewish People entered the Red Sea and why Tefilah was and remains a key element in combatting Amalek: link


  • Shiras HaYam and Shiras Devorah

  • Professor Moshe Zipor compares the structure and language of Shiras HaYam and Shiras Devorah: link

  • Wednesday, January 16, 2008

    Sexual Abuse in the Orthodox Community--Discussion of the Recent Controversy

    Sexual Abuse in the Orthodox Community—Discussion of the Recent Controversy

    by Nachum Klafter, MD

    Chazal tell us that matters of sexuality ought not to be discussed in public as a general matter, and by all rights discussions of sexual abuse ought to be no exception. But yet, Dr. Klafter’s thoughts on this topic and his coherent analytical explanation of the works already published that discuss abuse in the Orthodox community need to be read by the general Orthodox community closely. One can neither be too strict nor too lenient in this matter. Problems of sexual abuse can neither be swept under the rug as even a single case is a tragedy and every case of abuse that can be avoided needs to be avoided at almost any cost.[1] On the other hand, over-stating the problem of abuse so that the Jewish community is subject to mockery and ridicule as sexual abusers is a desecration of the Almighty’s name of the first rank which needs to be responded to. Dr. Klafter has done our community a service with this article.

    Rabbi Michael J. Broyde
    Dayan, Beth Din of America
    Rabbi, Young Israel of Toco Hills
    Click here to read moreAn academic paper about sexual abuse among Orthodox Jews, "History of Past Sexual Abuse in Married Jewish Women," was published in the November, 2007 issue of the American Journal of Psychiatry (AJP) by Rachel Yehuda, PhD, et al. This paper has generated significant controversy in the Orthodox Jewish world. For the most part, the controversy is actually a reaction to an article in The New York Jewish Week (10/25/2007) by Debra Nussbaum Cohen, "No Religious Haven From Abuse," which characterizes the AJP study as follows: "New study finds Orthodox women are sexually victimized as much as other American women are."[2] Orthodox Jewish mental health professionals have been debating the significance of the data from the AJP paper. The following is my critique of the study.[3] My remarks will be organized in the following three sections:
    1. My demonstration that the AJP paper draws no conclusions about the rate of sexual abuse in the Orthodox community, and no conclusions about a comparison with the rate in the general population. The nature of this study would preclude any such findings, as I will clarify. In fact, this is clearly stated in the AJP paper. Therefore, the New York Jewish Week article by Debra Nussbaum Cohen is a gross misrepresentation of the study by Dr. Yehuda, et al.

    2. My critique of the paper, including my defense against some of its detractors.

    3. My recommendations for what the Orthodox community should and should not conclude from this study.
    Part 1: This paper does not draw any conclusions about the rate of sexual abuse in the Orthodox Community. The New York Jewish Week's reporting of this study is entirely inaccurate.

    The AJP study can be summarized as follows: The investigators recruited observant, married women to answer an anonymous questionnaire "examining sexual life in marriage among observant women." Subjects were sought "across a large range of religious Jewish communities by advertising through synagogue bulletins, Jewish organizations, newspapers, Jewish oriented web-sites and list-serves, and a network of medical professionals… whose practices consisted of sizable numbers of Orthodox Jewish women." (p. 1700) Self-report of regular Mikvah use was the key inclusion criterion for this study. 26% of the total respondents (N=380) reported sexual abuse at least once, and 16% reported occurrence of abuse before age 13. Some very interesting patterns were observed. Ba'alei teshuva in their sample reported sexual abuse histories in this survey about twice as frequently as women raised in an Orthodox home, (36% vs. 19%).(p. 1701) Women who defined themselves as "ultra-Orthodox" reported abuse more frequently than those who defined themselves as "Modern Orthodox." Other interesting findings are reported, but I believe that these are the most significant with respect to the ensuing controversy.

    The authors briefly comment on the rate of sexual abuse in the general population. In the Discussion (p. 1703), they state:
    These estimates are consistent with data from several national surveys, in which 25%-27% of women, regardless of marital status or religious affiliation, reported sexual abuse A meta-analytic study by Gorey and Leslie concluded that approximately 22% of women report childhood sexual abuse, a figure slightly higher than was noted in the present study.
    The investigators made no attempt to measure the rate in the general population in this study. Therefore, a statistical comparison is impossible. Their mention of the prevalence of abuse in the general population is for the purpose of establishing a reference point for readers who are not familiar with the abuse literature. In fact, the authors repeatedly state that there are numerous indications that their sample is not representative of the larger population of married, Orthodox women, and they deny that they have drawn any conclusions about the rate of sexual abuse in the Orthodox community:
    A major limitation of this study is that it was not feasible to obtain a representative sample of observant Jewish women, since no sampling frame was available…. We do not, therefore, claim that this study group is representative of all Jewish women. On the contrary, the high level of education, even among the ultra Orthodox, suggests a sampling bias…. For all of these reasons, the estimates of prevalence of sexual abuse reported here are not the actual prevalence of sexual abuse among Orthodox Jewish women. (p. 1704).[4]
    Three papers are cited in the AJP paper to establish a 25%-27% rate in the general population. A careful examination of these references further clarifies why no conclusions can be drawn from the AJP data regarding the rate in the Orthodox community, or comparisons with general population. The 25%-27% rate is based on data from surveys which used random sampling methods from groups which are representative of the general population, and measured the response rate (i.e., what percentage of potential subjects agreed to be interviewed).[5] By contrast, the AJP study made no efforts to measure the total number of women who saw the advertisement. Therefore, there is no way to estimate the response rate. For example, if 2,000 women saw this advertisement, her response rate would be 19%; if 10,000 women saw the advertisement, it would be only a 3.8% response rate. This is not a criticism of their study; it is simply a clarification of the kind of study this is. It is not an estimate of the rate of sexual abuse in the Orthodox community.

    In addition, if these authors wished to draw conclusions about the rate of sexual abuse in the Orthodox community relative to the general population, they would need to consider the following: The rate of sexual abuse is about twice as high among subjects in their study who are ba'alei teshuva vs. subjects in their study who were raised Orthodox ("FFB women"). A plausible explanation for this curious finding (if the sample were representative, which it is not) is that there may be an actual lower rate of sexual abuse among FFB women vs. Jewish women raised among non-observant Jews.[6]

    In conclusion, it should be clear to anyone who reads this paper carefully that there is no data presented which justifies a conclusion about the rate of sexual abuse in the Orthodox community, or a statistical comparison with the rate in the general population. The investigators have made this abundantly clear. The fact that this is not clear to Debra Nussbaum Cohen, or the editorial staff of the New York Jewish Week may be evidence of a lack of sophistication with academic papers. I would never expect, for example, that a science writer at the NY Times would misunderstand this so significantly. The NY Jewish Week article makes assertions that are disavowed numerous times in the AJP paper!

    Part 2: My critique of the paper, and response to Dr. Marvin Schick.

    One might ask, "If these data are from a sample which is not representative of observant, married Jewish women, then what is the point of this study?" Admittedly, this paper is more significant for fellow researchers about sexual abuse than for the lay public. Sometimes, good research suggests more questions than it can answer. This study would suggest that the following questions need to be investigated. Why did FFB women in this sample report abuse about half as frequently as ba'alei teshuva? Would a questionnaire given to a randomly selected sample of women raised Orthodox show lower rates than an age matched unobservant or non-Jewish cohort sample? If Orthodox women were randomly sampled from some institutional settings, would they answer differently according to their identity as Haredi or Modern? Are Modern Orthodox girls better educated about avoiding sexual abuse? Or, are Haredi communities particularly impervious to representative sampling for scientific surveys?[7]

    I would fault the authors of this paper with only one thing: They fail to acknowledge the very plausible possibility that a lower rate of abuse in Orthodox communities would explain the difference they observed between FFB women and ba'alei teshuva. Instead, they offer the following speculation, "Thus, women who are sexually abused or threatened may be more likely to seek out a more structured and sexually restricted lifestyle." (p. 1704) In fairness to the authors, etiquette in scientific papers is that wide latitude is typically granted to authors to speculate about their findings in the Discussion. Actual statistics, conclusions based on actual statistics, and conclusions which are reported in a paper's Abstract are reviewed at a much higher level of scrutiny than the Discussion. Those familiar with reading the scientific literature realize this, and in my opinion it is not the fault of the authors that their paper was so greatly mischaracterized by the New York Jewish Week.[8] Nevertheless, the addition of one sentence might have averted significant misunderstandings.

    I would like to respond to Dr. Marvin Schick's lengthy remarks.[9] He characterizes the AJP paper as "the reckless scholarship and statistics of Dr. Yehuda, et al which constitute a form of group libel and severe cruelty toward observant Jews." He makes numerous arguments against the validity of their data set. For example, he complains that the sample is too small to draw conclusions. In reality, smaller data sets increase the risk of Type II Errors (false negatives, i.e. failure to identify a legitimate finding), but not Type I Errors (false positives). Furthermore, if this were a representative sample (which it is not), then this sample size would be perfectly adequate for estimates. Schick states, "The greatest flaw in the research and presentation is that 137 or 36% of the respondents were not raised Orthodox, becoming observant later in life, a statistic that is incompatible with the distribution of ba'alei teshuva or return to Judaism women in the Orthodox population." To the contrary, the discrepancy between ba'alei teshuva and FFB women who were recruited via the same sampling methodology is one of the most interesting findings in this data set and worthy of future research. Despite dismissing the sample as unrepresentative, Schick concludes, "Contrary to popular wisdom which decrees confidently that the Orthodox tend not to report abuse, 44% of those raised Orthodox reported the incident. The comparable figure for those not raised Orthodox is 39%." He also states, "In sum, to the degree that this survey has any value, it appears to point to a lower, probably much lower, incidence of sexual abuse in the Orthodox community than in American society as a whole." It puzzles me that while he so eloquently estlablishes that the data are not representative, he is nevertheless willing to tentatively draw selective conclusions from it.

    The most problematic aspect of Schick's remarks is that he appears to imply that it is he who has discovered that the data are not representative of the general population. (I do not assume he has done this deliberately.) For example, he cites the high graduate education rate (53%) amongst the ultra-Orthodox respondents, as well as the high proportion of subjects who have been treated with psychotherapy in the past (51%). Yet, he omits the fact that it is the authors of the AJP paper themselves who state that these particular findings indicate that their sample is not representative (p. 1704):
    We do not, therefore, claim that this study is representative of all observant Jewish women. On the contrary, the high level of education, even among the ultra-Orthodox, suggests a sampling bias that may be associated with a willingness to participate in research. Furthermore, there was a high proportion of subjects receiving mental health treatment in this group, which also may reflect an openness to discussing sensitive topics with others.
    In summary, Schick unfairly portrays the AJP authors as though they have drawn conclusions about the rate of abuse in the Orthodox community and a comparison with the general population (which they have not), and inaccurately portrays himself (presumably inadevertently) as though he has discovered findings which indicate their data are not representative.

    The authors of this study, Rachel Yehuda PhD, Michelle Friedman MD, Tali Rosenbaum PT, Ellen Labinsky PhD, and James Schmeidler PhD, have been subject to very unfair and inappropriate criticism from the Orthodox community.[10] There is much to learn about sexual abuse in general population as well as in the Orthodox community. Their paper does suggest that religious identity and religious upbringing may exert effects on the prevalence of sexual abuse. That alone is a worthwhile contribution. Determining exactly what these effects are will require further research.

    Part 3: My recommendations as to what Orthodox Jews can and cannot conclude from this paper.

    Jewish Law imposes strong prohibitions against any premarital or extramarital sexual contact. The Jewish religious tradition emphasizes the cultivation of high personal and communal standards of modesty in all interpersonal relationships. It is, therefore, quite reasonable that Orthodox Jews should expect that there would be a significantly lower rate of sexual offenders brought up in an Orthodox environment. One might hope the same for violence, theft, tax-fraud, gossip, anger, and arrogance. The AJP paper does not present any evidence that there is a lower, comparable, or higher rate of sexual abuse in the Orthodox community as compared with the general population, and we must acknowledge that there is no scientific evidence to support an assumption that sexual abuse, or any other social evil, is less frequent in our communities. Being raised in a Torah environment is not a guarantee that someone will grow up to become an ethical, balanced, humble, and refined human being. How certain are we, for example, that arrogance and anger, despite admonitions against them by Chazal and in the mussar and Hassidic literature, are expressed less frequently or intensely among Orthodox Jews, as compared with unobservant Jews or the general population?

    As far as the impact of Orthodox Jewish life on the rate of sexual abuse in a given community, I would suggest the following: It would be more relevant to investigate the percentage of sexual offenders in a given population, as opposed to prevalence of victims of sexual abuse. By way of analogy: Locks and burglar alarms probably reduce the incidence of theft, but not the prevalence of thieves. Prevention of sexual abuse is best achieved by implementing safety measures, and by enforcing the law. In other words, we wish to prevent potential sexual offenders from becoming actual sexual offenders, and to prevent one-time offenders from becoming serial offenders. Preventing the development of pedophilia is another matter.

    I would also suggest that we must consider the following: Although this is highly controversial and although there is not yet a consensus in the scientific literature, there is an emerging body of evidence to suggest that pedophilia may be a manifestation of biological problems in the brain.[11] I do not argue for leniency toward sexual offenders, regardless of the question of a biological disposition toward pedophilia. However, this consideration does suggest important theoretical questions about the degree to which a religious upbringing can be expected to prevent or reduce manifestations of biological abnormalities.

    What should the Orthodox community conclude from this study? I would suggest only the following: We cannot rely upon lay Jewish media to accurately report on scientific developments, particularly those which are juicy and controversial. Sensationalizing scientific findings for the sake of noble causes (like protecting our children from sexual abuse) tends in the long run to undermine rather than bolster them. This study provides no conclusive information about the rate of sexual abuse in our communities, and should not factor into Jewish communal policy decisions.

    In my opinion, there is currently a positive trend toward increased collaboration between lay leaders, rabbinic leaders, mental health professionals, and law enforcement agencies for how to prevent sexual abuse in our communities. The rights of the accused, the vulnerability of young children, and the charged nature of highly emotional reactions by most individuals in response to allegations of sexual abuse pose irresolvable dilemmas for those trying to formulate consistent policies. From my perspective as a psychiatrist and psychoanalyst, I believe that there is still not enough being done in Orthodox communities to prevent sexual abuse of children. The areas which I believe would be the most productive are preventive education for parents and children, and mandatory criminal background checks for all employees of day schools, seminaries, yeshivas, and summer camps. My perspective is informed by the following: (1) an understanding of the devastating consequences of childhood sexual abuse which comes from in-depth psychotherapy treatment of numerous patients who continue to struggle with the consequences of it during adulthood, (2) being privy to numerous incidents of sexual abuse in Orthodox communities across North America which have been horribly mishandled when mental health professionals and law enforcement were not involved, and (3) seeing numerous incidents of sexual abuse in Orthodox communities where involvement of the legal authorities and mental health professionals was enormously helpful to victims and their families, as well as to institutions and communities as far as preventing further incidents of abuse.
    [1] It is clear to me that one must report allegations of child abuse (sexual or physical) when one is aware of it, (even if this means that the child might be places in a Gentile foster home). Rabbi Abraham Sofer Abraham, Nishmat Avraham Volume 4, pages 307-11, quotes responsa from Rabbis Auerbach, Elyashiv and Waldenberg in agreement on this point, that one must report cases of child abuse. No alternative view is quoted in this enclyopedic work. Rabbi Abraham writes:
    A child or infant who is brought to a hospital with symptoms of being a battered child... it is prohibited, after an investigation, to return him to his home as they will continue to beat him until he might die. Because of the real danger, it is obligatory for the doctor to inform the courts, and with an order from the court, place the child with a foster parent or agency. There is no problem of informing since we are dealing with danger to life and the parents are the pursuers. This is permitted even if they will place the child, due to no choice, with a family or agency that is secular. It is incumbent upon the Jewish court to do everything in its power to insure that the child is placed with an observant family or agency. Particularly in the diaspora it is important that the Jewish court work to insure that the child not be placed with a Gentile family or agency. Rabbi Shlomo Zalman Auerbach agreed with all of the above.

    Rabbi Yosef Shalom Elyashiv recounted to me that it is permitted for the doctor to inform the authorities even if it is possible that the child will be placed with a family or agency that is not Jewish...

    Rabbi Waldenberg wrote "if there is a real risk that the parents will continue to hit the child... it is obligatory for the doctor to report the matter to the police..." Sexual abuse (of either boys or girls) is no different than physical abuse. [Rabbis Waldenberg, Elyashiv and Auerbach agree that reporting is mandatory also.] Rabbi Elyashiv writes "there is no difference between boys and girls since one is dealing with a seriously life wounding event (pegiah nafshit) and a danger to the public... this is much more serious than theft and one certainly must report this matter to the school administration and if nothing is done, even to the police even in the Diaspora."
    For more on this, see http://www.jlaw.com/Articles/mesiralaw2.html

    [2] Avi Shafran (http://www.cross-currents.com/archives/2007/11/22/sin-and-subtext/) which correctly points out that the New York Jewish Week article is inaccurate. Marvin Schick (http://mschick.blogspot.com/2007/12/scholarly-abuse.html) has attempted to discredit the AJP paper. A brief critique is also offered by David H. Rosmarin et al (http://www.jpsych.com/abuse.html) which is similar in content to Schick's.

    [3] A brief word about my qualifications to analyze this paper: As the Director of Psychotherapy Training in the Psychiatry Residency Training Program at the University of Cincinnati, one of my responsibilities is to help resident physicians learn how to read academic and scientific papers critically. The American Journal of Psychiatry is the most widely read academic journal by American general psychiatrists, and is widely read by clinicians as well as researchers. Its articles are not intended to require special expertise in statistics or neuroscience. Therefore, I submit that I am certainly qualified to critique this paper.

    [4] In an exchange between Dr. Rachel Yehuda and myself on the list-serve for Nefesh International (an network of Orthodox Jewish mental health professionals), she has confirmed that I am correctly reading the intent of their paper. Dr. Yehuda states: "You [Klafter] are completely correct that our study does not permit conclusions regarding the exact rate of abuse in the Orthodox community. Given the nature of the sampling and -- more importantly -- the limited information we have about the sampling frame in general (i.e., demography of the Orthodox community) it is impossible for us to know the extent to which our sample is even representative of married, observant women. This is clearly stated in our paper. " (Nefesh International List-serve, January 1 2008, "Response to Dr. Klafter")

    [5] The first source, Finkelhor, et al, reports data from a study conducted by a randomized phone survey. In other words, it is not comparable to the AJP data, which are from a self-selected group who chose to respond to a widely distributed advertisement. The second source, Vogeltanz, et al., reports data from a face to face interviews of women from two data sets with similar methodologies, one done in 1981 the other in 1991. The response rates were 92% and 91% respectively. As I discuss below, the response rates for the study by Dr. Yehuda et al. are unknown, but should be presumed to be much, much lower because it is a self-selected, non-randomized sample. The third source is a 1993 monograph by the National Research Council, "Understanding Child Abuse and Neglect." The full text of this valuable resource is available online: http://www.nap.edu/openbook.php?record_id=2117&page= Refer to pp. 78-105, "Scope of the Problem" where you will see that the studies cited do not resemble the study by Yehuda R, et al., because its samples are representative, randomized, and have known response rates.

    [6] I would like to clarify, however, that I object to drawing any conclusions about the relative rate of sexual abuse among FFB women vs. ba'alei teshuva (i.e., that there is a lower prevalence of sexual abuse in the Orthodox community); as I have stated, this sample is not representative.

    [7] I have been told by researchers that, in Israel, survey data from Haredi populations is widely suspected as being influenced by a strong cultural bias against participation in scientific research.

    [8] Rabbi Avi Shafran (http://www.cross-currents.com/archives/2007/11/22/sin-and-subtext/) appropriately limits his criticism to the New York Jewish Week. He has correctly read the AJP paper, and understands that no conclusions were made about the rate of abuse in the Orthodox community.

    [9] http://mschick.blogspot.com/2007/12/scholarly-abuse.html

    [10] The response by David H. Rosmarin et al (http://www.jpsych.com/abuse.html) is also flawed. A couple of examples: This critique also incorrectly attributes conclusions to the AJP authors which they have not made regarding the prevalence of abuse in Haredi communities vs. Orthodox communities. Then, in order to refute this imaginary claim by Yehuda et al, Rosmarin et al offer the following convoluted suggestion: "If abused Ultra-Orthodox women were less likely to drop their affiliation with Orthodoxy than Modern-Orthodox women, perhaps because of a tighter communal structure among the Ultra-Orthodox and a resulting increase in emotional support for victims of abuse, then there is not necessarily any connection between the study's reported rates of abuse and the actual rates." I should not need to mention that since the samples are not representative (which Rosmarin et al argue), all such speculation is meaningless. Furthermore, in order to adduce evidence that the AJP sample (which contained a 53% rate of prior mental health treatments) is not representative Rosmarin et al state: "The general reluctance of Orthodox Jews to seek out psychological and/or psychiatric services is well-established." To justify this completely unsubstantiated claim, they quote Margolese (Am Jour Psychotherapy, 52:1, 37-53): "Prior to engaging in therapy, an Orthodox Jew may view psychotherapy with ambivalence at best and as heretical at worst." A review of the cross cultural literature on attitudes toward psychotherapy in any other ethnic and religious group will reveal similar things about stigma and resistance to treatment. Furthermore, Margolese's paper makes no effort to measure the rate of mental health treatment in the Orthodox community, rendering this entire argument and citation meaningless, not to mention that Dr. Yehuda et al have clearly acknowledged that this finding indicates their sample is not representative.

    [11] For a sample of recent papers on this controversial and complex topic, see: Cantor JM, et al. Cerebral white matter deficiencies in pedophilic men. J Psychiatry Res. 2008 Feb,42(3):167-83; Schiltz K, et al. Brain pathology in pedophilic offenders: evidence of volume reduction in the right amygdala and related diencephalic structures. Arch Gen Psychiatry. 2007 Jun, 64(6):737-46; Joyal CC, et al. The neuropsychology and neurology of sexual deviance: a review and pilot study. Sex Abuse 2007 Jun 19(2):155-73; Cantor JM, et al. Grade failure and special education placement in sexual offenders' educational histories. Arch Sex Behav. 2006 35(6):743-51; Tost H, et al. Pedophilia: neuropsychological evidence encouraging a brain network perspective. Med Hypotheses 2004,63(3):528-31.


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