Sunday, June 2, 2019

Yuchsin and Genetic Testing - Part 1: Kehal Hashem - The "White List"





ויתילדו על משפחותם לבית אבותם



רש"י – הביאו ספרי יחוסיהם ועידי חזקת לידתם, כל אחד ואחד להתייחס על השבט.

Rashi – Each person brought their family trees and birthright witnesses to verify their tribal ancestry.



רמב"ן –  ואיננו נראה שיהיו צריכין להביא שטר ועדים על יחוסיהם לשבטיהם.

Ramban – (Objecting to Rashi) It does not appear that they were required to bring documents and witnesses to verify their tribal ancestry.



אור החיים – כתב רש"י וכו'...והרמב"ן השיג וכו'...ואולי כי הוצרכו לחזקת לידה למיחוש ממזר שמכיר אביו...

Ohr HaChaim – Rashi wrote…and Ramban objects… And, perhaps, they [only] needed the birthright testimony to counter a question of illegitimacy (mamzerus) to ensure that they know their fathers…



We Jews consider ourselves privileged. We are a ממלכת כהנים וגוי קדוש We are distinct from the rest of humanity. הן עם לבדד ישכון ובגויים לא יתחשב.

As American Express says: Membership has its privileges. And it also has its obligations. Comes with the territory.

Membership also has its definitions. Exactly who counts as being a Jew? And are there different types of Jews? Some more Jewish than others?

Here is where the lines start to get blurred.

Every normal human being wants identity and “status”, a sense of belonging and entitlement. Although most human beings do not care to be Jewish, and many are those who do not consider being Jewish an enviable status, there are exceptions. There seems to be a growing number of outsiders who want in. Many of these people claim that they already have some entitlement to the status, they only want it to be acknowledged.

Why?

Because we look at this status as something precious. Something that we want to have and we don’t want to lose.

And sometimes there is even more at stake.

Love and family.

One of the central taboos in Judaism is what we call intermarriage.

Why is it such a taboo?

Because intermarriage causes us to compromise on our Jewish identities. For the intermarried people themselves, this compromise may be only in practice, but for their offspring, it may be for keeps.

What is intermarriage?

Most of us (the “consumers”) will give an answer that falls short of the mark. They will say: Intermarriage is when a Jewish person marries a non-Jewish person.

That’s how a “consumer” thinks.

A Torah Jew thinks differently. An alert Torah Jew will answer: Intermarriage is when a Jew marries someone he (or she) is not allowed to be married to – even if the spouse is also Jewish!

Because, as I was intimating above, there are different types of Jews!

The Mishna in the last perek of Kedushin presents the list:

Ten types of pedigree [were assigned when the Jews] returned from the Babylonian exile: (1) Kohen – (2) Levi – (3) Yisroel – (4) Chalali – (5) Giri (converts) ­– (6) Charuri (freed servants) – (7) Mamzer – (8) Nesini – (9) Shetuki (father unknown) – (10) Asufi (foundling).


A Kohen can only marry women in types 1-3. Any other type is forbidden and can be considered intermarriage.  Men in levels 2-4 can only marry women from types 1-6 (a woman from level 4 cannot marry type 1 - Kohen).  Anything past type 6 is forbidden and can be considered intermarriage. Those in levels 5 and 6 can marry anyone from types 2-10. Levels 7-10 can marry spouses from levels 5-10 but not higher.

What we learn from this is that types 1-4 can have nothing to do with types 7-10. Types 1-4 are what is known as Kehal Hashem. The good guys. Types 7-10 are what is known as pasulei Kehal – “untouchables”. You can add to those a ger Amoni or Moavi or first or second generation Egyptian. Types 5 and 6 are known as Kehal Geirim, which does not have the stature of Kehal Hashem but are not pasulei Kehal. Since the pasulei Kehal are only forbidden to Kehal Hashem, they can marry with Kehal Geirim. As a result, a ger tzedek can marry almost anyone except a genuine Kohen.

There will be a quiz on this tomorrow.

So, now we know two types of intermarriage. The first is the standard Jew marrying non-Jew scenario. But it’s not all that bad. We can control the damage. Half of the time, the offspring is a level 3 Jew regardless. For those who are not, if they want to be Jewish, they still have the option to convert and come in at level 5. The next generation goes to type 3 and can be married to a Kohen.

The second type of intermarriage – Kehal Hashem folks marrying pasulei Kehal folks – is a catastrophe. All the offspring go pasulei Kehal. For generations. No end in sight (except for the Egyptian).

The pesulei Kehal is a raw deal. These folks can’t get out of being Jewish and have all the restrictions, but not all of the privileges. They can only marry from a very limited pool. Of course, the Kehal Geirim is available to them but they don’t get many takers because the offspring are still listed as pasulei Kehal.

While we are discussing pasulei Kehal, there are two other types of intermarriage that we need to discuss. I will stick to the term “intermarriage” even though, technically, a real marriage will not take effect. What I really mean is “marital” relations.

One is an “intermarriage” between two people who not only are full-fledged Kehal Hashem Jews but are even closely related – incest. Relations of a man with his mother, grandmother, [ex] mother-in-law, daughter, granddaughter, [ex] daughter-in-law, sister or aunt. In each case, each participant is fully type 1-4 Kehal Hashem but any resulting offspring is pasulei Kehal.

The exact same condition applies to the final (and more common) scenario – “intermarriage” between a man and a woman who is Halachically married to somebody else. This sometimes occurs within the context of real marriage when a woman, and/or her current husband, are not observant of Halacha and are either not aware of her Halachic status, or they are aware but are not aware of the ramifications of it. Again, each participant is fully type 1-4 Kehal Hashem but any resulting offspring is pasulei Kehal.

After we know all this, we are left with two unshakable axioms:

·       Nobody who truly wants to be Jewish, wants to be non-Jewish. (We all want to be on the "Whitelist")

·       Absolutely nobody who is Jewish wants to be a pasulei Kehal. (No one wants to be on the "Black List")

A non-Jewish person who wants to be Jewish and is sincere about it always has the option of undergoing geirus and entering level 5. But, there are those who don’t want to go that route and want to establish themselves as [heretofore unknown] genuine Jews. 

Why?

Well, one obvious answer is that if one can attain a genuine 1-4 Kehal Hashem status, why settle for less?

Another answer is that in many cases, the person in question is a woman who has children. If such a woman is unequivocally Jewish, then so are the children. If she is unequivocally non-Jewish or in a genuine state of safek, so are the children. For the sake of the children, we must do our best to iron this one out.

A third answer is a bit ironic. For a non-Jew to become Jewish by true Halachic standards, the non-Jew must make a diehard commitment to observing Shulchan Aruch. If he/she cannot bring themselves to do that, we send them back to the ashram. And if they are caught breaking the rules after the fact to the extent that we suspect they never really committed to them, their geirus can be annulled. Conversely, if one can establish proper Jewish ancestry, they get their membership cards with no further questions asked. Even though they are still just as obligated, we cannot force them to live up to their Halachic obligations. They won’t be kicked out of the club.

Lastly, those of us who live in Eretz Yisrael are aware that this status can spell the difference between being eligible for automatic citizenship or not being eligible.

Consequently, in today’s world, and after centuries of galus, total havoc, forced conversions, and widespread non-observance, many Batei Din in Eretz Yisrael are feverishly working to help people establish that: (1) They are Jewish and (2) they are not pasulei Kehal.

But, as we saw, there is a big difference between the two. Being Jewish is beneficial. It is something we want to establish. We will make a l’chaim if we are successful. Being a pasulei Kehal is detrimental. It is something we don’t want to establish. We only make a l’chaim if we can successfully rule it out.

As a result, we play the game a little differently in each case. In either case, solid proof is solid proof. Unfortunately, solid proof is very hard to come by. Most of the time we need to rely on “circumstantial” evidence. Since our ultimate goal is to help people and not to hurt them, we tend to be discriminatory about what circumstantial evidence we accept. Thus, is many situations, circumstantial evidence which is strong enough to help somebody attain the status of being Jewish is not strong enough to bring them to a state of pasulei Kehal.

So, how do we determine status?

Let’s start with establishing Jewishness.

We who adhere to shas and poskim adhere to the guidelines that are set by shas and poskim. If one is (a) known to be Jewish and (b) claims to be born to a woman who was known to be Jewish and (c) has always lived as a Jew, this is the ticket and we usually take them at their word. If one is missing any of these three attributes, his status is at least questionable and must be verified.

And how is this accomplished?

Rashi in this week’s parsha (last week's if you live in E”Y), quoted above, lets us know how it was done for three millennia. He writes: Each person brought their family trees and birthright witnesses…

Until very recently, this is all that we had to go by. We had to dig up town records and evaluate prevalent Jewish names – first and last – and ask old timers for their memories. Very tedious, costly, and unscientific. And, after all this work, just hope that the Beis Din or Rabbanut will be satisfied.

About thirty years ago, the world was blessed/cursed with a groundbreaking innovation which greatly reduced the tedium and the cost but was still unscientific. Genealogical Databases. Along with the Internet that makes these databases accessible.

There are some official ones and some recreational do-it-yourself ones (Geni.com) and many, many private archives that have been uploaded to the Internet. Thankfully, the Internet, despite all of its issues, has become a treasure trove of historical information that has filled in lots of missing puzzle pieces and sometimes can be corroborated by cross referencing. I am not so much amazed by what I discover if I Google up my own name as much as what I have discovered by Googling up the names of some of my ancestors going back 100 years and more. Information that one never dreamed could still be in existence today not only may exist but it can even show up on the Net. With more being added all the time.

All this is a 21st century version of the “family trees” that people used to have and utilize 3000 years ago. The material is just as valid. I am certain that many people were helped by this influx of information that can be accessed by the click of a mouse from one’s private chambers and I am happy for them.

But, I wonder, is all this readily available genealogical information helpful 100% of the time? Has it ever created problems?

What happens if someone who had always considered themselves to be Jewish checks up an ancestry database and finds out that some great grandmother came from a town in Hungary, France, Croatia or Sweden (or wherever) not known for a community of Jews and had a name that couldn’t possibly have been Jewish? And there is no indication of conversion? And the great grandfather she was married to was the black sheep who left the community?

And what if some laid-back self-assured Jew inadvertently discovers that some grandmother or great grandmother was previously married and divorced before the marriage that produced him (or her) and there is no indication or much of a likelihood that she got a get?

A little knowledge can be a dangerous thing.

Personally, I am not aware of any such happenings (why should I be?) and don’t know how much of a concern this is. It could be that, in the spirit of HRHG Rav Moshe Feinstein, ZT”L, we will say that if the person already had a “chazaka” of being Kehal Hashem and not pasulei Kehal, this information will be totally disregarded. Let’s hope so.

Still, it can be devastating to one who does not have such a “chazaka”. And, even for one with a chazaka, one who discovers this information will know it and need to live with it – chazaka or not. This is a very, very scary thought.

And with this thought in mind, we will take the next step.

The time has come to discuss a more cryptic type of family tree that has only become available to the public over the past decade or so – DNA code mapping.

At last there is a technique that can be called “scientific”. The technique is still in its developmental stages but it is seen to be accurate enough in some situations to lend a supporting weight to whatever other circumstantial evidence is available. So the question becomes: how much weight does it have?

As we know, this is currently being scrutinized by the poskim of our time. The sad thing is that most of the “heavyweight” poskim of the previous fifty years are no longer with us, and today’s poskim, although some are very great Talmidei Chachamim, do not have the universal backing that those of the previous generation had. I am unsure if there is a single posek today that is respected by a “super-majority” of our fractured nation.

One inherent problem is that DNA coding is a language in itself that is only understood by DNA coding experts. It is not something that you or me or any average person can read for themselves. There will always be an aspect of עד מפי עד and we need to be able to trust the interpreter that the code says what he says it says. A similar issue is that whatever percentages or probabilities or statistics for accuracy (i.e., 80% probability, 40% probability) that is claimed by the interpreter or promoter of the technique is not subject to scrutiny by anybody else. There is no way to check for errors in the reports. Add to this that these folks get income from this industry and have a financial interest which further erodes their reliability.

There is no need for me to elaborate on this and, very admittedly, this science is way over my head. (And, as usual, part two of this post is the more controversial part that I really want to discuss.) I refer my readers to listen to a fascinating Headlines podcast on the subject that was aired by Reb Dovid Lichtenstein on April 13, 2019. The podcast can be found HERE.

The podcast reveals that there is a growing acceptance for incorporating DNA coding to determine issues of yuchsin. I thought the podcast was very informative and inspiring (it certainly inspired this post) but it left me disappointed. The title of the podcast is:

Genetics in Halacha; can we determine who is a Jew? Resolve mamzer cases? Be used in Beis Din?...and much more…

Actually it had much less. I think it fell short in two departments:

1) The podcast presented the viewpoint and Halachic perspective of a number of Rabbanim who support its usage in determining Jewishness. It did not mention at all if there are vocal opponents to using it (I have no idea, personally) and what their objections are. So, on the question of whether it can be used in Beit Din, it only presented one [favorable] viewpoint.

Perhaps there are no opponents.

2) The second shortcoming is that it didn’t finish the job. The title promised us a discussion on using genetic testing to “Resolve mamzer cases”. The only thing in the podcast that related to mamzer cases was a statement that we only use DNA coding to help a person’s status, but not to hurt them.

This is encouraging but a little bit short sighted. If somebody who is suspected to be Jewish cannot get their case happily resolved, there is nothing really lost because the person was not known to be Jewish until now. What’s more, the road to geirus is usually open. It is helpful but not critical.
Mamzerus is a bit different. Firstly, we are discussing somebody who we know to be Jewish. This alone raises the stakes; a Jewish person must know where he’s at. Moreover, if a Jewish person who we have reason to suspect of being a mamzer really is one, we are playing with issurei Torah. We cannot dismiss it so quickly.

Interestingly enough, we also need to deal with a case where, let’s say, a non-observant woman who was Halachically married took up with another man of unknown origin and became pregnant. The father-to-be is not known to be Jewish but we have a strong suspicion that he may be (note - only a Jewish adulterer produces a mamzer). Here, the exact same DNA testing which we would gladly accept under normal circumstances to clinch his status as a Jew will now cause the child to be a mamzer. Do we now say that this coding is unreliable?

What if this paramour has a sibling who wanted to establish his or her Jewishness and used DNA testing and was approved? This fellow does not want to be tested or to be called Jewish, but his married girlfriend is carrying his baby. And if he is a true “member of the tribe”, is it not our responsibility to “Jewish” him up? What’s the deal? (And don’t forget Avos u’Banim!!)

Believe me, this is just the tip of the Eisenberg.

Have we opened a can of worms?



Enough of the White List. Stay tuned for Part 2 - the Black List…

Sunday, May 12, 2019

Lev Avos al Banim


A number of years ago, I was ending a session of Avos U’banim (AUB) with two of my sons at the little shul on the corner. Learning time was up so my boys made their way to the bima to collect the weekly treat from the organizer, Reb Yoel. The treat was a little more tempting than usual that week, so I facetiously told one boy to ask Reb Yoel if I can also get a snack. Reb Yoel was just as facetious and sent a return message with my son, “Tell him he gets a snack if he comes with his own father.”

I didn’t get the snack.

But, technically, I could have. I have been tremendously blessed to have a set of parents who are still quite married to each other for upwards of sixty years (bli ayin hara). They live in the US but they come to visit on a steady basis, and when my father is in town, or if I am in the US, we try to find some opportunities to learn a daf or two. Needless to say, I treasure these opportunities (and hope they will continue forever).

We never outgrow Avos U’banim even if the age restrictions disqualify us for a treat. The intimacy and bonding that comes from fathers learning with sons and sons with fathers is pure and sublime. There is a special kedusha and divine mesora that is being effected when a father learns with a son which supersedes a standard rebbe/talmid relationship. There is no substitute for it – just like there is no substitute for a real live father. 

And, therein lies the rub. Not every boy is so blessed. We are all aware that quite a few members of the boy population do not have real fathers in their lives. For some, the real father is no longer in this world and, for others, the real father is somewhere else in this one, but not available to the son. Regardless, this is a situation which is bound to make such a boy feel handicapped and disenfranchised. Second rate.

How should the community deal with this?

At the basic level, there is no debate. Every Jewish boy is welcome to participate in the program. The organizers never make a fuss over who brings them. Whether it is a grandparent, big brother, uncle, cousin or any type of good Samaritan, they are welcomed with open arms and the boy is just as eligible for the snack and raffle as anyone else. Perhaps a more proactive organizer may even form a team of pinch hitters and seek out neighborhood kids who don’t show because they have no one to bring them.

Mi k’amcha Yisroel!

So, of course, we are all on board with this. Let’s make the program as accessible as possible to every single kid. It’s for everybody!

But some people are not satisfied with this. They note that the very name of the program spells out that this session is for kids with fathers. Real fathers. And it sends the message that someone without a real father is not really worthy of this great program – but we’ll let you in anyway. We don’t really want to hurt your feelings!

And this really hurts their feelings.

And so, they say, let’s not call it “Avos U’banim”. Let’s call it something else. Something less exclusive. How about “M’Dor L’Dor” or “Kol HaNaarim”?

This suggestion was initially presented to the Chareidi world in a Mishpacha article by Rav Yaakov Bender in February 2017. Two months ago, the subject was raised again in the same magazine by Reb Yisroel Besser. He gave the issue some perspective but wisely evaded a clear personal opinion. Three issues later, the opinions came – in the form of Inbox letters. One written by Reb Zave Rudman and a second by Rabbi Yaakov Bender.

The letters are in print and not digital. I will only excerpt the letters because I need to hand type them. I will start with Rabbi Bender although his appeared second. Here are his main points:

The column about Avos UBanim was terrific…But he has no idea as to the pain and tzaar of yasomim when they see and hear these words…They feel hurt when others don’t.


He goes on to back it with a true story he heard from a menahel:

Recently, two boys in our yeshiva became yasomim. When we announced our first week of AUB, one of them…came over to me and said, “Rebbe, when I saw the sign for Avos U’Banim, it was like a dagger in my heart.”…Is the pain of one single yasom worth it?


So, Rabbi Bender strongly advocates a name change based on a single consideration. The existing name causes needless severe pain to fatherless youngsters. He sees a name change as a tikkun with no real downside to it.

Before him was Reb Zave Rudman. He first established his credentials as a father and grandfather and one who has fostered a child of divorce. Then he writes:

The issue is not the name. Klal Yisrael has termed the mitzvah of Talmud Torah using the name of the father for generations…If the child has someone…who learns with him and takes him to shul, it would not matter what we call the program. And if he does not…then whatever we call it, that time of the week will be hurtful…in my view, allowing what is PC to become a focus is a mistake.


Reb Rudman thinks it would be a mistake to change the name (or to focus on changing it) but he does not explain why.

So we have two very legitimate opposing viewpoints on hand. Perhaps call it a stalemate. All this was a month ago. But the controversy won’t settle down. In last week’s issue, a very articulate 11th grade bochur weighed in heavily favoring Rabbi Bender. Despite the manual typing, I don’t think I can omit anything from his letter. So here it is in full:

I am a bochur in 11th grade from a divorced family writing a response to Rav Yaakov Bender’s [call] to change the name of Avos U’banim. AUB is a great program. Kids all owe their shuls, Pirchei, or yeshivos a big thank you.

But the name is really a killer.

This is not a hate letter on AUB, rather an awareness letter. I don’t think when AUB started in our cities they picked this name to hurt kids. But now, and even then, it did hurt.

Rabbi Bender’s insight about the stab in the heart was so true. I remember when I was younger, my Yeshiva had a Chanukah night learning program. Besides the food and door prizes they gave out, there was a special raffle for those who learned with their fathers. Of course, the principal let my learning with my older brother qualify, but why should a third grader have to worry about that? Either the raffle should include anyone who learns with their father, grandfather, neighbor, or brother or don’t make the raffle at all. Will that make such a difference?

I would like to end off with two questions for those in favor of keeping the name Avos U’banim. 1. Who loses out when it’s called Avos U’banim? 2. Who loses out when it’s called by other names, whatever they may be?

The answer is quite obvious. When the program is called by a different name, it may even encourage more people to come – because yes. Some kids don’t come because it’s called Avos U’banim and they feel embarrassed learning with someone else. And I can almost bet you that if you were to go back in time and be at that first meeting and state the obvious problem, not one person would dream of letting that problem go untouched.

Let’s quickly review.

We have the Rudman camp that says that the problem is not in the name and that it would be a mistake to change it for the sake of political correctness. Again, he does not explain why it would be a mistake.

The Bender camp says that “the name is a killer” and to avoid changing it “is it worth it?” In other words, it’s not worth whatever it is we gain.

לאחר שמיעת הצדדים my yachid mumchah beis din paskens…squarely like Rav Rudman.

ואלו הנימוקים

First, let’s state what most of us are probably thinking. As Reb Rudman points out, the term Avos U’banim clearly carries “scriptural” license and aptly characterizes the program. It is a program designed to promote fathers learning with their sons and vice versa. In practice, we know the organizers are not too fussy about who assumes the role of “father”. Certainly, a real one is preferred but, in case of need, any adult in the “father” capacity is acceptable. And so, just like the Av does not need to be a genuine father, likewise there is no need to construe the word Avos in the title as to mean exclusively a genuine biological father. It can refer to anyone who is playing the role. So, to many of us, this debate seems to be a bit petty.

Yet, it seems that there are those unfortunates who take it very literally.

I fully confess that, thankfully, I do not have the “yasom” credentials of Rav Bender, Shlita or the child-of-divorce (COD) credentials of the 11th grade bochur, nor even the fostering of a COD as does Rav Rudman. Baruch Hashem, I am probably one of the oldest people in my shul – or in any shul I daven at – who still walks out for Yizkor (and I want to keep it that way!). But along with not having these credentials come not having a “chip on the shoulder” which I clearly see in the opinions of those in the Bender camp. This allows me to be more impartial and to see the larger picture and things that they are overlooking. This also allows me to see the flaws in the claims of the Bender camp. In fact, in my view, the 11th grade bochur unknowingly destroys his own case and fortifies Reb Rudman’s that the name is not the issue. I will elaborate shortly.

I do indeed have other credentials. I am a professional father – six boys over a fifteen-year range. This means I was an avid participant of the program since it was first introduced in Har Nof circa 1998 until my youngest boy’s bar mitzva in 2016. Quite a run. I am certain that our 11th grade bochur lacks these credentials and I assume that even Rabbi Bender, a master mechanech, may have pre-dated being a participant in the program. This may even apply to Reb Rudman.  

Back to my “ruling”.

Reb Rudman brought up political correctness (PC). Let’s look at this concept for a moment.

We live in a world dominated by liberal minded people who tell us how sensitive we must be toward people who have shortcomings are “challenged”. This sentiment has evolved so far as to dictate that “society” is duty-bound not only to go out of its way to acknowledge everyone’s “challenges” but to apologize for them and to compensate them even at the price of collective sacrifices of the mainstream for the benefit of the challenged minority. It doesn’t stop at providing sloped curbs at sidewalk crossings and ramps at public buildings and buses, but to level the entire playing field no matter what the cost.

What do Chazal say about this?

Let’s look at a puzzling gemara at the end of Masechet Taanis. This gemara talks about a different community program. It wasn’t called Avos U’banim. It was called Chossons V’Kallot. It starts at the Mishna on 26b which states:

There were no better days for the Jewish nation than the 15th of Av and Yom Kippur. For on those days the daughters of Jerusalem would go out wearing white dresses that were borrowed so as not to shame those who did not have their own [dresses]… And what would they say? “Young man, raise your eyes and look at what you can choose… Do not look at beauty but rather look at family pedigree…”


Later on, the gemara elaborates (31a – Ein Yaakov version):

The pretty ones would say, “Set your eyes on beauty for a woman is only for beauty.” The pedigreed ones would say, “Set your eyes on pedigree for a woman is only for children.” The affluent ones would say, “Set your eyes on those who are wealthy.” The simple (poor) ones would say, “Make your acquisition for the sake of Heaven but you must adorn us with jewels.”


There is something contradictory about this gemara. Initially, it tells us that the girls must only wear dresses borrowed from another girl so as not to shame one who is lacking. In other words, we need to be sensitive toward those who are “challenged”. Let’s level the playing field. Yet, immediately after this, the gemara encourages each girl to flaunt their unique strong points. They would specifically compete for a husband by declaring what benefits that they have and that the next girl doesn’t. No more concerns about shaming those who are lacking!

What gives?

The simple answer is that clothing is an external adornment that anybody can wear. They are a transferrable commodity. It’s easy and painless for everyone to trade clothes for an hour so that nobody should be embarrassed to come. Presumably, the wealthier girls will not bring their fanciest clothes if another girl is going to wear them so they will just bring something plain and simple.

But the other attributes – looks, wealth, yichus – are not transferrable and it is silly to pretend that it is. Each individual is entitled to what is best for them. Those who are better off do not need to sacrifice their own well-being and to relinquish the advantages they were blessed with. And they don’t have to be quiet about it either. If they would, it would undermine the whole purpose of the program. The sensitivity would be counterproductive.

So the lesson is that we do need to be as sensitive as is practical toward those who are missing basic necessities (decent clothes or concerned parents). Points for the Bender camp. Yet, we need to make sure that it does not hamper the goals of the mainstream. There must be a healthy balance. I think this is what Reb Rudman was saying.

This is not very conclusive and could possibly go either way. But where does the Bender camp really go wrong (in my “judgement”)?

The answer is that I was taken aback at Rabbi Bender’s dismissive use of a pronoun. He ends his letter: “Is the pain of one single yasom worth it?

Is the pain worth what? What is represented by the pronoun “it”? The pain of the yasom is prominently on one side of the equation, but what is on the other side that clearly is not worthy in relation to this pain? What is it that, in Rabbi Bender’s eyes, is devoid of worth that it can be trivialized by a pronoun “it”?

Well, the issue at hand is the name of the program – Avos U’banim. Rabbi Bender is certainly correct that a name has no feelings and in relation to the feelings of a human being it is totally insignificant. Go change it to something else. It won’t cry in its pillow.

But programs have a purpose and names have a purpose. And the purpose of any name is to characterize the entity that it is representing. We all know that Adam HaRishon had a special deep-seated wisdom to be able to give each creature its name. In each case the name conveyed the essence of the creature.

If the Bender camp advocates to change the name of the program, I fear they have lost sight of what the program is and what is its primary purpose.

So…what is AUB? Why was it established?

Many of us assume that this is another method of promoting mass Torah learning for cheder kids during the lazy weekends. We encourage the fathers to join in which helps the machinery along and increases the body count even more. But the main thing is to get the kids to come and keep them “off the streets”. That’s why there are treats and prizes. The kids are the main thing and the fathers are secondary. After all, we don’t really need to do parsha sheets for ourselves and the treats are not for us (found this out the hard way!).

If this were true, then there definitely would be no harm to changing its name. Kol Hannarim would be just perfect.

But I think this is a mistake!

Again – what is Avos U’banim? Why was it established?

Just look at this exceptionally potent video ad put out by AUB about twelve years ago:

https://www.youtube.com/watch?v=kgohrnPHWHw



So, this is the surprise:

AUB was not established to encourage boys to learn during the off hours. It was made to incentivize the fathers to find time to learn with their boys. The whole idea is to enhance the special father-son relationship that I spoke about in the beginning of this post. AUB is made specifically so that the fathers should show up, not [just] the sons! This is why it was called Avos U’banim.

Of course, the chief beneficiary of this program is the kid. But our main goal is not to get each kid to put in an extra hour of learning over the weekend. That’s just a fringe benefit.  Our main goal is to build this father-son learning relationship.

And do you know why?

Look at the video again.

That’s right. It’s because, we don’t want any more yasomim!

Tragically, we have more than we need of true yasomim or those from fatherless homes. The Benders and 11th grade bochurim. We can compensate and accommodate these true yasomim as much as possible, but there is nothing we can do to replace the fathers they don’t have. Moreover, we have a more serious problem to deal with.

These are the potential artificial yasomim that have perfectly capable fathers living right there with them at home. They have real fathers who really care about them. But, left to themselves, these fathers won’t step up to the plate to forge the bond and pass the baton. Every boy needs a father. Anybody else is just another rebbe whether they are family or not. We can’t really help those without real fathers. But we can help these guys and make sure that those who have fathers are able to use them.

We have enough real yasomim that we can’t help. But we can help the regular guys. We don’t want any additional synthetic yasomim added to the list.

This is what the program is really for. To be blunt, AUB is not really for the unfortunate boys who don’t have involved fathers. Sure, we want them to come along and participate in the “fringe benefit” part. Everyone can do that. And we want them together with their peers from school and/or shul. And we obviously don’t want to stick daggers in their hearts. So, like the gemara in Taanis says, they can borrow “fathers” that aren’t theirs.

But we cannot undermine the program.

Hence, to change its name as if to indicate that this is not meant to be a special parent-child bonding experience, but rather just some shul sponsored communal learning session, will tell a busy father like Shloimi’s in the video, especially one who is not such a talmid chacham, “What do I need this for? I will learn when it works for me and my kid will learn in school with his rebbe.” Or, perhaps more commonly, “Let him learn with his older brother. I don’t have the geduldt (patience) for this!”

And so, we now know the value of the variable “it” that Rabbi Bender refers to when he asks, “Is the pain of one single yasom worth it?” The variable “it” = “the impact of real father-son learning that is implied in the name”. Don’t forget that the impact of real father-son learning includes the prevention of synthetic yasomim. We plug the value into the variable in the equation and the equation reads as follows:

Is the pain of a single yasom worth the impact of real father-son learning that is implied in the name?

Now this question is not nearly as trivial as Rabbi Bender makes it sound. To answer this question, we need to examine two factors:

1)   If we change the name, would the impact of real father-son learning be diminished or not? Would it be just as effective in preventing synthetic yasomim? Is there a downside to changing the name?

2)   If we change the name, will the pain of the genuine yasom or COD be diminished or not? Is there really an upside to changing the name?

It goes without saying that we cannot change it to another name that blatantly expresses the father-son relationship. That would be senseless. We are obviously talking about a name that diverts the focus. Kol HaNaarim definitely diverts the focus. Dor L’Dor does not do it so much.

As for Factor #1, my vote is that any of the current suggestions would indeed diminish the impact of the program. There is a strong downside.

As I wrote, I was an eighteen-year veteran of AUB. The first or second year that I was in Har Nof, I saw ads for this program posted in the shuls. I hurried to participate because I was excited about learning with my boys in an environment where other fathers are learning with theirs. Trust me, it wasn’t because I wanted to spend motzaei Shabbos doing mishnayos and parsha sheets. Personally, I would have preferred to learn other things.

So the question arises: If it were not called Avos U’Banim and it were not specifically geared to enhance the father-son relationship, would I have been so quick to participate? Let’s say that it was initially called Kol HaNaarim and was promoted to provide extracurricular learning for boys with treats and raffles like the Pirchei programs of my youth, just that fathers are encouraged to tag along, would I have signed on?

Can’t say for sure, but I fear that the real answer may be – No. The boys learn enough at school and if they want to learn more and get a chocolate covered wafer, kol hakavod. As for me, I have other things to learn than mishnayos Yoma or, perhaps, I have other things to do on a winter Motzaei Shabbos.

Dor L’Dor may have stood a better chance but if it was not promoted as a father-son program, I don’t see why it would, and if it was promoted as such, then it is no different than AUB.

You see, learning specifically with my flesh and blood sons and having them learn with me was the draw! It’s not the name, but the theme. Of course, the theme must be reflected in the name or it may not work. Conclusion: I vote Factor 1 in favor of the Rudman camp.

We move on to Factor #2 – will a name change diminish the pain of a yasom or COD? – and we get the same result. As Reb Rudman says: it’s not the name, but the theme. If the program is meant to promote father-son learning, it won’t matter what it’s called. It will be a dagger to the heart of the yasom/COD.

We see this in the flaws that are inherent in both the letter from Rabbi Bender and the letter from the 11th grade bochur. Rabbi Bender writes that the menahel told him that the 13-year-old yasom said, “Rebbi, when I saw the sign for Avos U’banim it was like a dagger in the heart.

My question: In what way does Rabbi Bender prove his point about the name? The boy saw “Avos U’Banim” and said he felt a “dagger in the heart”. He did not see “Dor L’Dor” because the formal title in use was AUB. But if it were Dor L’Dor instead of AUB, would it be less of a dagger in the heart?

The story doesn’t say it and I am far from convinced. Someone whose uncle, big brother, nice guy down the block or even his genuine grandfather takes to AUB will feel the pain no matter what it’s called. He will look around and see [most] everyone else learning with their real fathers and he will feel it. Even if there are a few other kids that require surrogates, he will feel no comfort. He will not look at them who don’t have, only at those who do. It is precisely because of what this learning group is meant to be that he will feel his loss.

But the letter from the 11th grade bochur puts the case to rest. He tells us of a Chanuka night learning program with a special raffle for those who learned with their fathers. There is no indication that this Chanuka night learning program, or even the raffle, was called anything. The bochur is bothered by it for what it was, not for what it was called.

Ironically, this is a clear score for Reb Rudman that “it isn’t really the name”.

The bochur even continues to criticize the raffle program: Either the raffle should include any one who learns with their father, grandfather, neighbor, brother, or don’t make the raffle at all. His story indicates that only he obtained a dispensation for a surrogate father but anyone who had a real father on hand could not do the same. This bothers him.

Hold on. Let’s stop to think. Why did they make a special raffle for those who learned with their fathers?

The answer is obvious. The Yeshiva wanted the fathers to participate in the learning night. They didn’t want substitutes if real fathers were around. They did not want the father to be with the rest of the family making their own personal Chanuka party at home that night which would conflict with the Yeshiva program and dissuade the bochur from showing up. They want the fathers in on this program so the family will make their party another night and the bochur will show up to the yeshiva night. If the father stays home and sends a rep, this ploy won’t work. It has to be the fathers.

Tragically, this bochur’s house is fatherless. He would not be facing this dilemma. So it is difficult for him to understand and appreciate the value of this move. The raffle was meant to help the learning night. And it did, even for him. It got his older brother to come. And, all told, he was allowed to participate in the raffle.

When we understand that the program is not meant primarily for those without fathers, we look at his two closing questions differently:

1.   Who loses out when it’s called Avos U’banim?

A.   No one, really. The yasomim don’t lose more than they have already lost.

2.   Who loses out when it’s called by other names [that marginalize the focus of a father-son bond]?

A.   Anybody in danger of becoming an artificial yasom!

He enlightens us that “yes, some kids don’t come because it’s called Avos U’banim…” I suppose he means to say “some kids who don’t have acting fathers don’t come because it’s called AUB.” We would like these kids to come anyway, but we are more concerned that some real fathers won’t come if we call it something else.

And I can almost bet you that if you were to go back in time and be at that first meeting and state the obvious problem, not one person would dream of letting that problem go untouched.


I actually called one of the founders of the program who was at the first meetings in Bayit Vegan and asked him about this debate. Firstly, he confirmed that at the early meetings this issue was never raised. I asked him what he thought about it. I won’t elaborate but sof davar, I must say, I strongly suspect our 11th grade bochur would lose his bet.

Sunday, April 7, 2019

Consumerism and the Art of Denial - Part 2: Tunnel Vision and Narcissism


Welcome back to Part 2 of “Dassi Through the Looking Glass”. If you have not read Part 1, please do.

In this portion we will review the Facebook post that Dassi wrote about Harav Mendel Shafran Shlita on March 10, 2019. I intend to point out that, not only does the plague of consumerism spread the symptoms of the Tochacha – shigaon, ivaron, and timhon levav, but it also foments hostility and outright wickedness.

Dassi’s words will be in dark red and I will stay in default black. Here we go:

This past Friday we met with Rabbi Shafran in Bnei Braq to discuss why he was publicly supporting Leifer by asking the court to release her under his care.

Comment:
I have written in the past about superfluous adverbs. They are usually the first giveaway of a distorted perspective since they are distortions of the facts. 

The adverb “publicly” is out of place. Rabbi Shafran wasn’t supporting Mrs. Leifer publicly or privately. He was supporting her – period. If proceedings are held publicly and he participates, it makes his participation public. And if the proceedings are held privately and he participates, it makes his participation private. Rabbi Shafran did not choose the venue of the proceedings. He just participated in them where they were held. He did not make any public rallies or statements. 

That said, the only reason there is so much publicity about this saga is because Dassi Erlich and her sisters and supporters want it. They are generating the publicity, not Rabbi Shafran. In short, they are prosecuting her publicly. So, he is standing up for her in public because this is the place where Dassi and her sisters are prosecuting her.

Now, let’s ignore the word “publicly” and look at her leading sentence again:

This past Friday we met with Rabbi Shafran in Bnei Braq to discuss why he was [publicly] supporting Leifer by asking the court to release her under his care.

Comment:
In short, the Sapper sisters arranged a meeting in Bnei Braq because they could not understand why a Jew who does indeed observe mitzvos is willing to support a religious Jew who is being prosecuted in contravention to Halachic standards and who is being held in jail without being convicted of anything.

Our meeting was right out of the text book I am studying regarding abusive arguments.

Comment:
I would love to know the name of the text book, who wrote it, and is it available on Amazon (second hand)?

All kidding aside, this is one of the most despicable and belligerent statements in this post. I will explain.

What is Dassi Erlich saying with the term “abusive arguments”? What are abusive arguments and what kind of a “textbook” describes them? 

Sure enough, there are volumes of books and papers about criminology and personality disorders and abusive behavior by people who engage in crime and abusive behavior. We can call these people “abusers”. These “textbooks” and papers go to great lengths to analyze the “arguments” and justifications that “abusers” present to rationalize their behavior. 

Whose behavior?


Well, that of the abusers, of course.

And, I suppose Dassi’s favorite current pastime is to study such a text book. 


But, unbeknownst to Dassi and her cronies, Rabbi Shafran is not an abuser. Nor is Rabbi Grossman nor Rabbi Litzman nor am I. We are all Torah observant objective people who are evaluating a situation without prejudice of either side. We can see both sides as victims, both sides as aggressors and both sides as Jews. And we are all interested in protecting the rights of the accused regardless of who the accused is. And we do not live in an echo chamber and we do not have tunnel vision. We can see and hear both sides of the issue.

It is hard to believe that Dassi is studying any textbooks about community leaders (or bloggers) who are not abusers. I tend to doubt there are any such textbooks. 

That said, these “abusive arguments” are coming out of an ancient textbook. They are the textbooks of the Rambam, Shulchan Aruch and Chofetz Chaim. And you can bet your bottom Australian dollar that Dassi Erlich is not studying those. 

What makes this statement so utterly despicable is that, in order for this statement to make sense, we must say that Dassi is equating the Torah scholars with actual “abusers”! As consumers, Dassi and her lynch mob cannot tell the difference. They are in total denial that there are other “textbooks”. They are in total denial that HKBH has other methods of dealing with these things. Most of them are in denial of HKBH altogether.

I now understand why we were so deeply pained after leaving this encounter with him.

Comment:
If it was out of the textbook, why are you so pained? Isn’t it what you expected to get? After all, it’s in the textbook that you are studying to be a post grad! What were you expecting???

In my Post Grad Degree in Domestic Violence

Comment:

“Domestic” as an adjective to “Violence” means at the hands of family members. Anyway, it looks like Dassi is trying to make a career for herself as a professional practitioner of domestic violence. As far as I know the best practitioners of domestic violence never went to school. The skills of domestic violence came naturally to them. In any case, I do not wish her success. 

I am learning that abusive arguments usually have the following four characteristics:

Comment:
My primary objective in this post is to deal with these “four characteristics”. Here we go:

1- Denial in refusing to believe us. "I did not say I believe you, I will not say I believe you. I will not come to court to support you. I will not take sides".

Comment:
Dassi is certainly a post-graduate in denial. She is in total denial of the fact that she – Dassi Erlich (and her sisters) – is currently an accuser, prosecutor, aggressor and pursuer and her goal is to hurt, destroy and punish Mrs. Leifer. She justifies her actions by proclaiming that she is trying to protect potential future victims (and change the future). It is questionable if there are potential future victims at risk, but it is not questionable that she is harassing and pursuing (rodef) Mrs. Leifer.

Dassi Erlich is not saying “believe me that I was molested” so she can get therapy and help for herself to rebuild her life. She is also not saying “believe me that Mrs. Leifer molested me” so that she can get some legitimate restitution from Mrs. Leifer. She is not even saying “believe me that Mrs. Leifer is not safe with young women” so that she should be disallowed to be a teacher anymore. She is saying, “Believe me that Mrs. Leifer is an irredeemable fiend and should be punished without mercy”. 

This is what a Torah observant Jew such as Rabbi Shafran has to look at. Dassi is an accuser and, at this stage, she is the rodef. What are the rules of believing an accuser?

Well, our Torah and Halacha give us clear rules of “neemanus”. And I elaborated on them in my post Thinking Like a Jew. The obvious rule is that nothing can be accepted as a fact if it cannot be corroborated by a second person. We are allowed to be choshesh (suspect) to implement protective measures but not to believe for the purposes of punishment. 

Plain and simple. 

Rabbi Shafran knows this, Rabbi Litzman knows this, I know this, and I wrote it. Dassi and her fellow consumers knew that I wrote it when I wrote it 2 ½ years ago, but they were in denial then and are in denial still. To some it just isn’t there and to others, it must be “misguided”.

But don’t all victims need to be believed?

We have a principle called פלגינן נאמנות – dividing the credibility. This means that we can believe what an individual says for what affects themselves but not for how it affects anybody else. For example, if a woman claims that she had extramarital relations so her husband must divorce her, and there are no objective witnesses, we believe her to invalidate her ketuba, but we do not believe her to force her husband to divorce her or to render her child a mamzer.

If somebody says they were molested, we should absolutely fully believe them that they were molested and do all we can to help them out. But when they say they were molested by "Abe", we can suspect "Abe" but we are not allowed to believe that part.

This is Torah, but the consumers want no part of it. 

2 - Excusing of ones beliefs." Leifer taught my two daughters and nothing ever happened to them".

Comment:
Like I said, this phrase is to me incoherent. For the life of me, I cannot figure out how this is different from the previous “characteristic”. 

In any case, I wonder if this was said by Rabbi Shafran. He certainly did not have any daughters studying in Australia. Perhaps he did say it and it refers to when Mrs. Leifer was teaching here in Eretz Yisrael before she went to Australia.

Regardless, if somebody says something like this, they are saying that they themselves have had some level of interaction with the accused person and there was nothing about this interaction that supports the accusations of the accusers. Yes, it can be used as basis to be skeptical about the allegations, but it is quite a rational observation being made by a rational person. Again, we are talking about a non-involved person who must make a personal judgment. It does not prove the accuser wrong, but it is meant to tell the accuser that they need to furnish some objective evidence to support their claim. 

Note that Dassi does not even pretend to claim that she presented any objective evidence to Rabbi Shafran. So if the score is that Rabbi Shafran brings the weight of his observation, as limited as it may be (give it a value of 1) and Dassi Erlich brings absolutely nothing (value of 0), the nay-sayers win by a 1-0 shutout! 

So, I ask Dassi, why is such a comment worthy of criticism??

3- Minimisation of ones worth as a Survivor.
"You were abused already, somebody else hurt you".

Comment:
Dassi is an expert distortionist. Although she, at the receiving end may feel that such a statement minimizes her worth as a survivor, she cannot claim that this is the intent of the one who said it. To me, the clear implication of this line is to minimize the worth (i.e., impact) of the alleged abuser. The message is that you cannot honestly claim that all of your tzaros are a result of this alleged abuser since, by your own admission, you have repeatedly acknowledged that you underwent 15 years of real domestic abuse before encountering the one you are accusing. 

And we notice that you did not walk into the Victorian Police station and file any charges against the initial abusers.


Again, Dassi is in total denial that she is not petitioning to be recognized as a victim. She is petitioning to have Mrs. Leifer branded as an abuser. As such, any statement that is made by Rabbi Shafran relates to how he views the perceived culpability of Mrs. Leifer, not the victim [survivor] status of Dassi Erlich.

4-Justification. Writing a letter to the Justice Minister Ayelet Shaked and turning up at court to support Leifers bail, "It's my duty as a rabbi to support a fellow Jew".

Comment:
I got a good chuckle out of this one. Her keyword is “Justification” and her definition is “Writing a letter to the Justice Minister”. Cute.

Again, we see that Dassi is in denial that she is pursuing and prosecuting another Jew. From Dassi’s temperament and those of most of her commenters, they are in denial that Mrs. Leifer is a Jew and must be treated like one. And these people find it so very abhorrent that a non-consumer wants to do just that.

Once again, they are in denial of the Halachos of mesira and extradition. Dassi does not recount in her post a hint of asking Rabbi Shafran about Halachos. But, isn’t this what people go to rabbis for? 

When asked why Leifer's Jewishness deserved his sympathy over our own??
He refused to answer us.

Comment:
Such a question does not deserve an answer. The question itself is a display of total arrogance, immaturity and narcissism. 

It is clear to people like me and Rabbi Shafran that there is no need for us to prosecute or harm (destroy) Mrs. Leifer in order to be sympathetic to Dassi. We onlookers can afford to be sympathetic to everyone involved. They are not mutually exclusive. Thus, if in Dassi’s eyes, another Jew (a Shomer Mitzvos one, at that) needs to be harmed as a show of sympathy to her, there is something inherently wicked about Dassi (and her sisters). Dassi is playing the spoiled child that demands from the loving parent to “choose” between me and the rival sibling. “If you love him/her, then you don’t love me!” or “If you won’t help me send her down the river, then you love her more than me”.

I think this is utterly detestable! 

Let’s first note that the issue at hand here is not that Rabbi Shafran or anybody wants to condone any sexual misbehavior that Mrs. Leifer may have committed more than a decade ago and it is certainly not an effort to enable her to resume these activities. The Sapper sisters are going ballistic over the prospect of Mrs. Leifer being released from prison to house arrest so that she can continue a semi-normal family life and to live like a human being and a Jew – i.e., keep Shabbos and Yom Tov and Pesach Seder – as all Jews who are religious and observant of mitzvos are entitled and required to do, while all the proceedings are going on.

This does not interfere in the lives of these saintly sisters nor does it put children at risk once she is being watched. 

Still and all, these saintly sisters cannot countenance allowing Mrs. Leifer to live like a human being and must fight tooth and nail to prevent it. Then they even confront people like Rabbis Grossman and Shafran for "asking the court to release her under their care". 

How dare Rabbis Grossman and Shafran ask that this unconvicted monster should be treated like a Jew and a human being? Or, as these paragons of virtue put it (publicly):
“What kind of G-d are they praying to that protects abusers?” (Haaretz March 7, 2019).

Our G-d does not want anybody to languish in prison. But, evidently, these sisters (two of whom abandoned observance) don't worship the same G-d. They worship a god who would not allow such compassion. A god of Vengeance!

As I said, I think this is utterly deplorably wicked! 


Let’s add to this that, I have previously speculated, based on JCW’s own statistics, that it is more than likely that Mrs. Leifer is herself a victim of abuse and, if so, should be entitled to some measure of sympathy (which does not need to be construed as coming at the expense of the alleged victim). Of course, to acknowledge this likelihood is such a game-changer to the consumer lynch mob that their denial is absolutely deafening. When I brought this up to a woman emailer from Australia who claimed to be a victim of Mrs. Leifer, she refused to answer me.

It goes both ways.

An immature narcissist can only see their personal interests. To a narcissist, there is no such thing as looking out for the interests of all sides. It is either “you are on my side or you are against me”. A narcissist is in perpetual denial that it is possible for an objective bystander to be out for the welfare of both sides. This is because they are in denial that anybody else’s wellbeing matters. Only theirs. 

Dassi stated publicly at the JCW event on Nov. 25, 2018 (3:12-3:26), “We continue to be told that we are doing this for revenge or some sort of victim fame, which I don’t understand, but nothing could be further from the truth. We are here for nothing else than to try and change the future.

Well, if it’s not a personal vendetta or a quest for revenge, why does she take it so personal if a renowned Talmid Chacham is looking out for both sides and doesn’t think that being moser Mrs. Leifer to goyim in Australia is a positive step in changing the future?

I see no small measure of hypocrisy here.

In any case, I clearly wrote in my post in June 2017:
...contrary to all appearances, I really do have a lot of ahavas Yisroel. I don’t want to see Malka Leifer destroyed and I don’t want to see Dassi Erlich destroyed. There is no need for it. As far as I know, they are both victims. I think it's a better idea to try to fix wounded people than to try to break them. But I have yet to hear a single voice echo mine!

The lynch mob consumers are in denial that people such as I and Rabbi Shafran may actually be sincere and want what is best for all sides. They have no clue what sincerity is. My claim to “ahavas Yisroel” was ridiculed publicly without it being substantiated. Just like what Dassi is doing to Rabbi Shafran in her post.

He did explain the importance of supporting the abuser because he saw them as the underdog.

Comment:
I wonder what the real words were. I thought Dassi wrote that he didn’t believe her that she is an abuser. Anyway, what he obviously meant is she (Mrs. Leifer) is the pursued and accused. She is entitled to all the rights of an accused person. 

Dassi denies this. She is a professional victim so even when she is the aggressor and pursuer, she has to be the underdog. It’s just not fair that anybody can think that the person she is pursuing to destroy is an underdog. 

This is tunnel vision.

I looked at him incredulously and asked him if he had ever been to court when an Ultra-Orthodox predator was the accused. On which sides was the court swollen with supporters?

Comment:
I believe he was to court when an Ultra-Orthodox predator was the accused back on February 18, 2019.  It seems that the court was swollen by supporters of the accusers and the accused was undeniably the underdog.

But Dassi can always deny it. This is why she was incredulous.

Again he refused to respond.

Comment:
It’s clear that Dassi, who has left observance, is not now and never was interested in the Halachic viewpoint of accusations. She was not too receptive of this viewpoint when I wrote it and she has shown no inclination to be receptive now. Dassi’s response to Rabbi Shafran (about if he had ever been to court…) along with her incredulous look was a disputation of his statement, not a sincere request for him to qualify it (as in “What do you mean by that?”). 


When people contact me with the sole intention of disputing what I have said and with no intention of trying to come to terms with it (the vast majority), it does not pay to try to respond.

Rav Shafran is heralded as the Rabbi who instructs complainants to report to the police. He shared an example of a woman who called him up recently. "Go to the police", he told them, "know though your children will expelled from school, you will be barred from your synagogue and you life will be ruined".

Comment:
This paragraph doesn’t flow. In our language we say: קשיא רישא אסיפא (the first segment contradicts the second one) or מעשה לסתור? (do you bring a case example that is contradictory?). But, as I already wrote, I do not give Dassi a medal for coherency on this post. 

Anyway, it is not possible to comment on stories like these because their brevity leaves way too much to the imagination. We have no clue exactly what the recent woman in question was complaining about and what, and whom, she wanted to report.

I need to reiterate that way before I knew about Malka Leifer or Dassi Erlich, I wrote a summary of Hilchos mesira called the 3 Ps (and 3 Cs). 

The 3 Ps basically said that there are three incremental steps to dealing with suspected molesters – (1) Prevention (Protection), (2) Publicity, and (3) Police (Punishment). The steps must be taken in that order. If step 1 resolves the issue, it is forbidden to advance to step 2. If not, then step 2 is indicated, but it is still forbidden to advance to step 3 unless even step 2 does not resolve the issue. Hence, going to the police is only permissible if it is absolutely necessary in order to resolve the problem. And even that is governed by the 3 Cs.

The case of the woman who called Rabbi Shafran is unclear. If she had other options (P1 and P2), she has no business resorting to P3 and should be subject to the consequences. Perhaps, this was what Rabbi Shafran was telling her. If she had no other recourse than P3, these consequences are uncalled for. I do not condone them and I very much sympathize with this woman.

Well and good, but all this is chit chat. The Sapper sisters met with Rabbi Shafran “to discuss why he was publicly supporting Leifer by asking the court to release her under his care.” The Malka Leifer case does not qualify for P3. And even if it did, there is no reason to oppose, and every reason to support house arrest. Specifically, if there was no violence in the alleged abuse as is true in this case.

Imagine how hard it is for survivors of abuse in his community to speak up. This man is considered a standard bearer on these issues. What hope do these people have?

Comment:
In a sense, Dassi does have a point in her closing paragraph. It isn’t easy to speak up. But much of it depends on who do you want to speak up to. What do you want to achieve by speaking up? Are you doing it to protect somebody who is currently in danger or to prosecute somebody for what he did yesterday (or a decade ago)? Are you trying to fix a specific problem in the here and now or trying to make a public spectacle to do “nothing else than to try and change the future”? Are you doing a kiddush Hashem or a chillul Hashem???

Before one can answer these questions, they must be able to hear them and see the different angles. But you’ll never hear them in an echo chamber and you won’t be able to see them if you have tunnel vision.


Post Script – I would love to be able to enter a link to this post on Dassi’s Facebook page, but alas, Dassi Erlich does not allow comments from any dissenters, only from supporters, and so I am blocked!