This post is actually a reprint of a post that I wrote last August. But it is just as relevant now. It is based on an address by Rabbi Emanuel Bernstein delivered on Tisha B'Av in Har Nof.
I wish to dedicate this post to all of my newfound Facebook friends and those at JCW. I hope you find it inspirational.
There is a well-known
anomaly that occurs in the Alef-Bet sequence of Megillas Eicha which is noted
in the gemara in Sanhedrin 104b.
In every perek of Eicha except the first, instead of
maintaining the true order of the letter ayi”n followed by the letter pe”h, the
order is reversed wherein the letter pe”h comes first and is then followed by
the letter ayi”n. The explanation given in the gemara is that this is a
reference to the meraglim who told with their mouths – peh – things that they
didn’t see with their eyes – ayin.
The gemara does not elaborate further, and so, Rabbi
Bernstein asks: In what way did they say things that they did not see?
Everything in their report was based on an actual sighting.
He answered by saying that when the meraglim referred to
the land as ארץ אוכלת
יושביה -
a land that devours her inhabitants – they were purposely distorting the truth.
Rashi says that they made these remarks because wherever they went, there was
always a very major funeral taking place. Rashi said that HKBH orchestrated
this unnatural occurrence so that the citizens would be too preoccupied to
notice the spies. But, says Rabbi Bernstein, they chose not to see it this way
and to “see” it as the natural characteristic of the land. This is despite the
fact that other criteria prove out that this cannot be the normal tendency,
they still used it to substantiate their claim.
What was going on?
Well, the frightening report that they delivered, for
whatever their motives, was precisely the report that they had previously
determined that they wanted to deliver. They only needed to amass the true
facts that will support their assertion. Thus, they devised the report first.
Only afterward did they look to see what is useful to corroborate it. They told
over with their mouths – peh – what they did not see with an objective eye.
Only with what they wanted to see with their subjective eye. First came the
“report”, and then came the looking.
In our parlance, this is known as: building a case.
As such, many people have a tendency to first decide what
is happening and only then to evaluate the evidence. Anything that does not
support their preordained conclusion is disregarded despite its integrity.
Things that can be used to support their foregone conclusion are magnified and
enhanced and overvalued way beyond their scope. And oft-times, they are even
fabricated.
This is building a case.
Thus, Darwinists promote unprovable and unsustainable
theories and accept as gospel truth the flimsiest of evidence as well as a few
hoaxes (google: Piltdown Man), all the while shrugging off more substantial evidence
to the contrary, in an effort to substantiate their theory of evolution.
And, of course, case-building is the hallmark of criminal
prosecution. In a society where an accused miscreant must be found guilty
beyond a reasonable doubt, the prosecution needs to “build a case against the
accused in order to win a conviction. In some cases, there is no question in
anybody’s mind as to the guilt of the accused such as where there is a
voluntary confession, several objective eye-witnesses or irrefutable forensic
evidence. In such a situation, the prosecutor can win his case without
resorting to subversive means.
Unfortunately, he does not always have this luxury. Moreover,
all too often there are no valid grounds to assume the accused is guilty at
all. And in fact, he or she isn’t. But this never stops a dedicated prosecutor.
His job is to convict the accused regardless of whether they are truly guilty.
It is his record and reputation (and perhaps his job) on the line. And so, they
are driven to convict the accused, guilty or not.
They have already determined that the accused is a danger
to society. They merely need to convince those in power to pass judgment. Problem
is, it is very difficult to find compelling evidence or elicit a confession
from an innocent person. Undaunted, they pull out a whole bag of dirty tricks
including coerced or false confessions, tampered evidence and lie detector
tests, scare tactics and plea bargains, buying witnesses with reduced sentences
for their crimes, unsubstantiable and third party testimony (i.e., he confessed
to me privately in jail), withholding exculpatory evidence, character
assassination, and the like. It doesn’t matter what the truth is. The main
thing is to nail the ba****d.
And with these tools they build a case. And we become a
society fraught with wrongful convictions. And, when things like this happen,
we can never be certain that a convicted felon is really guilty and a danger to
society. Can we?
And so, the spies put their mouth before their eyes. This
means that before looking objectively, they already passed judgment with their
mouths that the land is dangerous – ארץ אוכלת יושביה. They only needed to look now to seek out
the supporting evidence. They needed to build their case.
Rabbi Bernstein intimated in his speech that this is the
foundation of sinas chinam. A person is
infected with sinas chinam when they bend over backwards to build a case
against the other person. Even when an objective look at the situation
indicates otherwise.
People have a tendency to pre-judge situations and to
pre-judge other people. This is sinas chinam – prejudice. When their judgments
are challenged by other voices or contrary evidence, many prefer to question
the evidence rather than the judgment. And to “silence” the other voices. They
must build a case.
This is what I wrote about in my post about Midas HaDin.
Among a short list of Human traits I wrote the following:
- The human being firmly believes that good should be rewarded and evil should be punished and, as such, has a craving to administer justice and to exact revenge.
- The normal human being (not a psychopath) cannot conscience unjustified violence. As such he must have some battle-cry or pretense which he will swear by to justify his actions.
Combined, these say to us that a Human being is driven to
pass judgment. Yet, when a Human being passes judgment on somebody else, it
must be couched in virtue, altruism, and righteousness. He must justify his
authority to pass judgment on another. He must have a case. But, as Major
Tetley teaches us in The Ox Bow Incident, the judgment does not need to be
altered to fit the case. If anything, we must tailor the case to fit the
judgment.
This is using the peh (mouth) to “pronounce” the sentence
before using the eye (ayin) to check the facts. This is prejudice. This is
sinas chinam.
The follies of the meraglim were performed by…the
meraglim. These were not simple people. The Baal HaTurim says they were officers
and judges at the Sarei Chamishim level. The most esteemed 2% of the
population. Regardless, they were on par with Yehoshua and Kalev. They were
learned and wise. Rashi tells us they were very chashuva people. And yet they
fell prey to the Human failings of narcissism and paranoia that cause people to
pre-judge and “speak” before they look.
So this tendency of case-building can affect anybody.
Even very chashuva people.
Very recently, I put out a series of posts concerning an
accused sexual offender (she has been called a “child molester” even though she
hasn’t even been accused of molesting any children). My main purpose was to
enlighten my readers that, as I understand the Halacha, once any Jew reaches
Eretz Yisroel, no matter how evil they are, they cannot be sent out. Whatever
evil is in effect must be dealt with here.
Since then, there has been a lot of publicity about
another alleged offender. One who is much more “closer to home”. The
circumstances in both cases are remarkably similar. In both cases the
accusations were made after a substantial time lapse from the period of the
alleged offenses. In both cases the alleged victims are touted as "children" but were at or beyond puberty, which does not indicate pedophilia. In both cases the accused denied all allegations. There are
no confessions. In both cases there is absolutely no physical evidence or
objective witnesses to support the allegations. There are only the claims of
the accusers – nothing more. In both cases the alleged offenders relocated to
Eretz Yisroel and in both cases there have been no complaints of repeat
offenses as of the relocating.
In the initial case, there were no trials or dinei Torah
by which one could say that the offender’s guilt was ever properly (or
improperly) judged. In the second case, the offender was convicted in a bench
trial (single judge) based solely on the testimony of two out the four accusers
(the other two were quashed by the prosecution for being
unreliable). From the superficial checking that I was able to do, it seems the
defense claimed that the accusations were fabricated although it couldn’t prove
they were fabricated (since this is next to impossible). The prosecution
claimed that the accusations were not fabricated even though they could not
prove that the accusations were not fabricated (although it should be possible
as well as imperative in order to obtain a conviction). The solitary judge decided
to convict the accused.
This is how judgement is
passed in the U.S. of A. (and elsewhere).
The bottom line is that it
has not been established through credible means that we are dealing with
dangerous people. This does not mean that we should be complacent and disregard
common sense safeguards in the presence of these people. It likewise does not
mean they should be allowed to continue to teach or tutor or replicate the type
of circumstances that provide fertile ground for unsavory activities and foment
allegations.
But it does mean that there
is no justification for punitive measures that supersede basic protective
measures, such as malshinus, harassment, slander, mesira to goyim, “running out
of town”, and certainly, extradition to chu”l for the sole purpose of mesira
(based on unproven misdemeanors).
Now, I fully expected my
position to be misunderstood, misconstrued, and basically opposed and challenged
by liberal minded people, “consumers” who are unfamiliar with Torah oriented thinking. The erev rav אשר אינם יודעים בין ימינם ושמאלם. Those who do not know how to evaluate
facts and will pass judgment first and look later at all the “evidence” that
supports their conviction (and disregard anything else).
What is totally astounding
as well as appalling is the number of “chashuva” people, Sarei Chamishim (and
even higher), judges with beards and black velvet yarmulkas who cannot hold
back from being motzi dibah. Who pronounce with their mouths (or blog and
Facebook posts), what they refuse to look at with their eyes. Who bend over
backwards to build a case that the land – or the alleged unproven offender – is
unequivocally dangerous.
For those who delve into the
sewer of the blogosphere, you may notice that I have not restricted my diatribe
to my own blogsite – although it is the only place where I can express myself
properly. I have ventured to bring a bit of sanity and open-mindedness to some
other blogsites that specialize in this schmutz (in the Comments section). This is because, since their
material is much more aggressive and coarse (i.e., spicy), they have a much
bigger readership - so I can spread a bit of gospel.
In the “whitewash” section
of my main Malka Leifer post decrying extradition, I challenged the claim asserted
by Yerachmiel Lopin of Frum Follies that the Adass school was aware of her
(alleged) activities earlier than reported. I decided to access the said FrumFollies post and assert my challenge on site as well. We carried on a
respectful give-and-take the last week of June. As you would expect, neither
party convinced the other. This carried on until early July when he challenged
me:
BTW, will you revise your claim that there is no public safety purpose in prosecuting her because according to you she only molested Australian girls because she missed …her husband who was in Israel. According to this story (click HERE) she is abusing her own children in Israel?
Let’s overlook the fact that he is misrepresenting my
“claim”. I wrote many times that if you have grounds to prosecute, go ahead.
Just don’t send her back to Australia. What he is now doing is presenting a
lone news article, which was obviously researched and written by an
antagonistic person for the purpose of maligning the accused, as proof that she
is currently a danger. He needs to justify his call for extradition to
Australia.
I responded (slightly abridged):
Personally, I never take anything I read at face value. I also make an effort to read between the lines. This particular article that you linked to is clearly on a vilification rampage. Of course it quoted people who vilify her – as well as Manny Waks. If it interviewed people who say she’s an angel would it quote them as well?
I never made a judgement whether she is a good person or not. My mission is to stand up for Kavod HaTorah and kedushas Eretz Yisroel. The Halachos of mesira forbid it (mesira) no matter how evil the person is unless they are a menace to the society that wants to be moser them. There is a special Halacha of not extraditing people out of E”Y, even criminals.
Despite the above, it looks clearly to me that you and The Age and many people are bending over backwards to make a case to justify a mob lynching.
I will not be a party to it.
There, I said it straight out. He is building a case. The
amazing thing is that he didn’t give up. It must be that he knows for a fact
that she is definitely as evil as described. I don’t know how, but he certainly
does. So he writes:
As always, you find every possible reason to believe she is not a risk to others, and every halachic angle to argue against prosecuting her, in spite of the terrible toll of her molesting. Will you now correct your claim…?
Get this? This person calls himself a frum Jew, yet he criticizes
me for finding “every Halachic angle to argue against prosecuting…”. Note that
he does not invalidate or dispute the Halachic angles. They may be perfectly
valid but I am at fault for finding them!! (They weren’t very hard to find, by
the way.)
Well, not exactly. All the Halachic angles must be
invalid due to the “terrible toll of her molesting.” You see, the terrible toll
is proven and indisputable so it trumps all halachic angles – even those that
apply regardless of whatever terrible toll took place.
This is somebody putting his peh before his ayin. And I
am not sure it can be called an “ayin tova”, either. He knows she is currently
dangerous. She has to be dangerous because her being dangerous fits his agenda.
He just needs to find the evidence.
Incidentally, I asked him, in my response, to quote
precisely what words of mine need to be revised, instead of crudely
[mis]paraphrasing me. I did not receive a response to this.
The next case-building meragel, the Sar Meah and
(self-proclaimed) advocate of the down-trodden is the Fied Feifer of Rockland,
the Great Avenger, Harav Yaakov Horowitz. His gripe involves the second
offender in this discussion. The one who lives close to me.
Now, I have already written that this case is far from iron-clad despite the apparent conviction. Only somebody who is intimately familiar with all the details can make an informed judgement.
Irrespective, Rav Yaakov has decided on his own that there are no flaws in this case. Hence, it is the biggest mitzvah to slander and harass this person regardless if such actions will do nothing to protect any “children”. Also he believes b’emunah shleima that he ought to be extradited from E”Y to chu”l to be mosered to the goyim to face charges for a phantom misdemeanor which, according to the American defense lawyer, is not on the books. (Doesn’t really matter if it is.) This great mitzvah outweighs all halachos of motzi-shem-ra, malshinus, ona’ah, mesira, Gonev Ish u’Mecharo, Lo Tasgir and a host of others.
Irrespective, Rav Yaakov has decided on his own that there are no flaws in this case. Hence, it is the biggest mitzvah to slander and harass this person regardless if such actions will do nothing to protect any “children”. Also he believes b’emunah shleima that he ought to be extradited from E”Y to chu”l to be mosered to the goyim to face charges for a phantom misdemeanor which, according to the American defense lawyer, is not on the books. (Doesn’t really matter if it is.) This great mitzvah outweighs all halachos of motzi-shem-ra, malshinus, ona’ah, mesira, Gonev Ish u’Mecharo, Lo Tasgir and a host of others.
[The offender] is a very, very perverted and dangerous person, perhaps the most dangerous I've ever met.
From all
of the fully confirmed unmarried molesters that really did molest real children
(little ones) and not just “inappropriately touch” pre-teenage boys
(allegedly), and who has a stable marriage and no complaints since he left NY
(and before), this fellow is deemed the most dangerous!
Well, he
has to be dangerous and continue to be dangerous because this is the only way
to build a case to harass him and his family for no good reason. Of course he
also needs to throw in other unsustainable claims, “He has a reputation as a
serial pedophile” and that he “is a murderer.” (FB – Aug.5).
But why
is he really so very dangerous? Is it because he will eat your children alive?
No. It is
because he has the temerity to defend himself against all this wanton
harassment by suing Yaakov Horowitz for the slanderous comments and tweets that
Rav Horowitz actually generated and dissipated. Because of this personal
affront, Rav Horowitz is appealing to all his chassidim to join him in his
lynch mob. Because he is so very dangerous. (If he gets away with this, he may
sue somebody else!)
So to
prove he is dangerous, he builds his case. In a personal message to me on the
Daas Torah blog (Aug. 3) he proudly announced:
[The offender] is a serial pedophile who has been molesting kids since at least 2000 in numerous schools and Shuls in 3 states and 2 countries that we know about.
So I both
emailed him and posted publicly (ibid.):
…please provide me with details about the molestation that "we know about" that took place in any states or countries besides NY, USA. (I.e., which other two states and which other country and how do you know?)
I am still (patiently) waiting
for his response.
The last case-building meragel
is the Sar Haelef himself and unparalleled master of Daas Torah, Harav Daniel Eidensohn, Shlita.
My online debate can be found in
the comments on three Horowitz vs. YW posts on the Daas Torah blog (HERE,
HERE and HERE). I obviously lost the debate because Rabbi
Eidensohn said so and it’s his blog.
Rabbi Eidensohn and his
chassidim clearly subscribe to the belief that: Once a rodef, always a rodef.
And consequently, anybody who has ever been classified as a rodef or mitza’er
ess hatzibur carries that status for life, wherever he goes, no matter how
nicely he behaves. Hence, it is always justified to harass and slander him or
her. Moreover, this perpetual “rodef” status means that it is always sakanas
nefashos so it is muttar to extradite, for the purpose of mesira, any
ex-molester from any point on the globe to any point on the globe to do him in.
They also firmly believe that
any type of offense is capital giluy arayos – even 2nd degree
seksual abuse (Class A Misdemeanor – non-felony) which typically precludes
force or “penetration”.
Lastly, they firmly believe
that any type of conviction, even a misdemeanor conviction in a bench trial on
very shaky ground (no confession, evidence or witnesses) in NY State, is
absolute irrefutable proof that the offender is truly guilty as charged. (And
they call me naïve!)
I valiantly tried to direct Rabbi
Eidensohn to all the Halachic sources and legalistic flaws that prove
otherwise, but alas, I was too ignorant, misguided, naïve, and terribly wrong.
Although he neglected to demonstrate how or why. Every Halachic source I quoted
was “misapplied” even if it is pashut pshat. He hasn’t read any of my 18 or so
Mesira posts and he never will. They are all too long for him and he is a very
busy fellow. He has a blog to maintain.
But I suppose the truth must
be that this alleged offender is definitely exceedingly dangerous because I
don’t know anything about these types of people and he knows so much more than
I do. And besides, he was convicted, and assessed a high risk level (by the
same judge)…
So despite a lack of real hard
evidence, any recent incidents, or even Rabbinic approval by any Rav who is
truly familiar with the case, the judgment is passed by a consensus of bloggers
and self-proclaimed child abuse advocates. Anybody can build a case when the “nation”
is cheering them on.
And so,
these chashuva people, the fied fifers, Yerachmiel Lopin, Rabbi Horowitz, Rabbi Eidensohn and the RCANZ are so intent on ridding the world of our “vermin” that
they are afraid to look at the halachic structure or the true [sorry] state of
the evidence in each case. All of these people are tenaciously holding on to a philosophy
of: “Once a rodef, always a rodef!” despite the fact that it’s possible they
were never a rodef in the first place and that, even if so, extradition and mesira
overseas is still forbidden.
So in light of Rabbi Bernstein’s remarks, as we look back
at Tisha B’Av we take out this lesson:
As long as the Rambam, Shulchan Aruch, Chofetz Chaim, the
facts on the ground and the guidelines set by the poskim listed in Rav Zvi
Gertner’s kuntress (Dam Reacha – Yeshurun Vol. 15) are irrelevant, as they are
to Yerachmiel Lopin, Rabbi Horowitz, Rabbi Eidensohn, and to the RCANZ, these meraglim will
declare the subject “dangerous” and the case will be built. The judgments will
be made before the facts are evaluated and the harassment, motzi-shem-ra,
malshinus, the sinas chinam and the churban will go on unabated.
כל דור שאינו
נבנה בית המקדש בימיו, מעלין עליו כאלו הוא החריבו!
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