Four Horsemen of the Kol Koreh 3 – The Malka Leifer Debacle

 

Author's note - This post is the continuation on the series about The Four Horsemen of the Kol Koreh Apocalypse. If you are not up to date on the topic, please see the opening post HERE, the Interlude post HERE and the previous post HERE.

 

 

Onward with the Four Horsemen of the Kol Koreh Apocalypse.

So far, we discussed Horsemen 1 and 2. We will now embark upon Horsemen 3 and 4. All the Horsemen have a primary common denominator. In all the cases, it figures that to take the case directly to the law enforcement authorities is bound be counterproductive. That said, there are some important factors that distinguish the first two types, Horsemen 1 and 2, from the second two types, Horsemen 3 and 4.

The first distinction is merely technical.

The first two Horsemen are fictitious. They are dramatizations of scenarios that frequently occur in real life in various ways; nevertheless, the specific scenarios that were portrayed did not actually occur. As such, there is no way to tell how they were actually handled, since they weren’t handled, and what were the short-term and long-term results. They are not real events, so we can’t know how they really panned out. We can’t know who benefited and who “lost”.

Also, without real live occurrences, I cannot conclusively “prove my case”.

Conversely, the second two Horsemen are real-life events. And because they each really happened, we can take stock. In both cases, the alleged victims filed police reports. To the best of my knowledge, in neither of the cases did the complainant seek out objective Rabbinical advice before filing the complaints. Of the two cases, one ended in unmitigated disaster. For the other, the jury is still out, literally, but it isn’t going anywhere it should; I can tell you that.

A second major distinction is that the first two Horsemen portrayed situations where, arguably, mesira to authorities could be Halachically sanctioned. The first Horseman, the Shattered video from Amudim, was a clearer case of an active threat and one who could be considered a rodef and, theoretically, a “911 situation”. The second Horseman also indicates one who can be deemed as an active threat to the community under the banner of meitzar ess harabim, i.e., a Chaim Walder or Meshi-Zahav in the making. These types of cases may have Halachic support.

Even so, we determined that the conventional wisdom would be to refrain from running immediately to the police in each of the cases, as 21 out of 27 Rabbanim have told us.   

The second two Horsemen are both real-life cases where it clearly wasn’t a “911 situation” by any stretch. At the time of reporting to authorities, they were both events of several years in the past. Whatever claim of rodef or meitzar ess harabim that might have been made at show-time was long gone and there definitely were not enough grounds to assume them to be still in effect.

Although it could readily be said that this Kol Koreh wasn’t targeting these cases, it is hard to say that it did not influence what happened.

So, let’s now discuss these two Horsemen. We will resume with Horseman #3, the case of Malka Leifer.

Certainly, anyone who has followed my blog from June 2016 until early 2021 knows the basic details of the saga, as well as my position. For those who are clueless or would like to review it, the story is told in detail HERE. As a public service, I will reprint the basic timeline from this Dec. 2017 article:

2001: Israeli teacher Malka Leifer arrives at the Adass Israel girls school in Melbourne's south-east. The following year she is appointed principal.

 

March 2008: The school is alerted to sexual abuse allegations against Leifer by a social worker who Dassi Erlich has been seeing for treatment. The Adass community allegedly pays for Leifer and her family to flee Australia.

 

2011: Elly Sapper gives a statement to Victoria Police regarding allegations of sexual abuse by Leifer. Her sisters make statements shortly afterwards.

 

2014: Sapper receives a confidential out-of-court settlement after suing for damages. Victoria Police announce that Leifer is wanted on 74 charges of sexual assault and rape relating to girls who attended the Adass Israel school. Leifer is placed under house arrest in Israel as extradition proceedings begin.

 

2015: Erlich endures a two-week trial in the Supreme Court, after the school refuses to settle out of court. She receives a record $1 million payout for damages.

 

March 2017: Erlich launches her #BringLeiferBack campaign, an effort to pressure the Israeli and Australian governments over the extradition.

 

August 2017: Nicole Meyer is awarded a confidential out-of-court settlement for damages.

This timeline gives us some critical details. It says that Mrs. Leifer was accused and expelled from Australia in March 2008. After she had been gone from Australia for a full three years, and had totally ceased being any kind of threat, rodef, meitzar ess harabim or anything of the kind to anybody in Australia, the three accusers instigated an indictment in Australia.

Why?

It was so that she can be punished in Australia by the Australian goyim.

The timeline also says that all three sisters sued the Adass school and received judgements or settlements. In short, they all received financial compensation. Thus, they cannot claim they are seeking justice for their injuries. That claim already went to civil court and they have been financially compensated. Consequently, as of then, all they want is vengeance at the hands of goyim.

In February of 2018, Mrs. Leifer was re-arrested in Israel and held in an Israeli prison for three years. At the end of 2020, Israeli Judge Chana Lomp finally ruled that Mrs. Leifer can be extradited back to Australia. The extradition was carried out in January 2021.

Since that time, Mrs. Leifer has been incarcerated in Australia. There were some preliminary hearings in September 2021 and again in March of 2022, but the main trial was set to take place beginning August 1, 2022. It was expected to last five weeks. This was initially pushed off two days and then until August 22. Nothing seemed to happen even then, and on Sept. 12, it was announced that the trial will actually commence on February 7, 2023.

Don’t hold your breath.

We are now up to date.

I’ve been writing about this case since June of 2016 when Dassi Erlich and her supporters posted petitions by which to involve the unwitting public. My goals at that time were to educate the Orthodox world that extraditing any Jewish person from Eretz Israel is a strict Torah prohibition. This was in the hope that the Orthodox world would desist from voicing their support and perhaps the accusers themselves will come to their senses and desist from this colossal Chillul Hashem.

Here is a short list from among the numerous posts I have written which explain in detail what is wrong here:

Thinking Like a Jew - The Halachic premise for my position. The “moral compass”.

There is No Ex-Tradition in our Tradition – The keynote post that says it all.

Victim Turned Predator – As it sounds.

Judging the Judges Part 2 – Understanding the backgrounds of the accused.

Flirting with Danger – Where this is all leading us to.

Dassi’s Lament – What does HKBH think of all this?

By Your Hand - TheSin of Nov – What is good for the goose is good for the gander.

EinMerachamim B’Din – Why not to apologize.

Revisiting Kamtza and Bar Kamtza – Sinas chinam in our time.

As a public service once again, I will reprint the main points that were listed in the Flirting with Danger post which make this campaign illegitimate:

1. It has not been established on Halachic grounds that Mrs. Leifer is guilty of anything. There was no confession and there is even no evidence that there was a crime. Note that not one of her accusers reported an assault, not to the school and not to the authorities, at the time that it allegedly happened. And they were all capable of doing so.

 

2.   Even if she is guilty of what she is being accused of, the activities are not felonious by Torah standards and don’t call for any extreme penalties. Not even judicial flogging. Claims of emotional and psychological injury to the victims are only personal injury claims and are monetary and not criminal.

 

3.   It is strictly forbidden to turn over any Jew to secular authorities for punishment that is not called for in Torah law. This is called mesira and is one of the gravest offenses possible. How much more so if no guilt or crime has been established.

 

4.   Transporting a person away from his home for enslavement or imprisonment when not sanctioned by the Torah is called Gonev Ish U’Mecharo and is a capital crime.

 

5.   There can be dispensations to the above two Halachos in the case of one who is currently and actively endangering others (rodef). Yosef’s brothers [mistakenly] thought so about him. [Un]fortunately, in our case, there is no situation of rodef currently in effect.

 

6.   Even in a case where mesira and or imprisonment could be justified, there is an independent prohibition of transporting the subject outside of Eretz Yisroel. This is extrapolated from the Halacha of the eved canaani in Yoreh Deah 267:85. (Note this is an extension of clause 267:84 which tells us that this prohibition applies in our day and age).

 

All of this does not add up to a pretty picture. And when you add to all this that the efforts to violate the Halacha with this extradition campaign and all the publicity that it generates is causing a colossal chillul Hashem, R”L, it doesn’t really make this campaign look like a good idea.

 

These are not “Halachic assertions”. They are basic Halacha. There is no room for debate.

 

It is sad to see misguided advocates and Rabbinical councils misuse their prestige and stature to fundamentally flaw the primacy of Halacha in the eyes of the Jewish consumer.

 

Indeed, I noted in my previous post when I referred to the Chaim Walder and Meshi-Zahav cases, that Mrs. Leifer cannot be compared to them for at least three reasons. According to the above list, there are at least four. Point 1 says that there is no proof of guilt. Point 2 says that this is not a case of sexual offense by Torah standards. Point 5 says that there is no situation of rodef nor meitzar ess harabbim, certainly in Australia where the mesira took place. And point 6 says that we are talking about extraditing a Jew out of Eretz Yisrael and this is forbidden in itself.

Now, I did note in some posts that if one could genuinely determine that Mrs. Leifer is an active threat in Eretz Yisrael, there may be a hetter to approach law enforcement here in Eretz Yisrael. Not only wasn’t this done, but ironically, Shana Aaronson and her [then] JCW staff spent thousands of shekels of their donors’ money to have Mrs. Leifer followed and tracked for 200 hours by a private investigator. While the investigator was able to substantiate that Mrs. Leifer is not psychotic and can function as a normal human being, he did not manage to capture a single minute of molestation.

I want to dwell for a moment on Point 2 from the 6 points of the Flirting with Danger post. This is the one that says that her offense, even as accused by her accusers, do not meet the standards of sexual assault by Torah standards. I explained this clearly in my preliminary post about Thinking Like a Jew that any activity that does not involve an adult male, human or animal, is not an act of giluy arayos (sex). Two women cannot engage in sex.

In today’s Western, woke, egalitarian world, this is not acknowledged. They can’t even define a woman. But we must behave in accordance to the standards of our Torah. As such, it is worthwhile re-examining HRHG Rav Elyashiv’s directives on handling these cases as he wrote to HRHG Rav Feivel Cohen, Shlita.

In his first letter, Rav Elyashiv mentioned the basic rule that for anybody (presumably except for the victim him or herself) to get involved in support of prosecuting a suspected Jewish miscreant, there needs to be firm evidence of the perpetrator’s guilt at the level of umdenah d’mukchach (irrefutable circumstantial evidence. Note- some want to nitpick on the language that implies that a lesser level, raglayim l’davar, is sufficient. Regardless, both umdenah d’mukchach and raglayim l’davar refer to indications that come from sources outside the sole testimony of the accuser. When all we have is the testimony of the accuser which is compromised by being a nogeah b’eidusan, as in this case, then there is not enough neemanus even to establish a raglayim l’davar).

In the second letter, he wrote two more stipulations. One is what I have repeatably written that each specific case must be vetted out by a qualified Talmid Chacham. Yet, in that letter there is a second stipulation which all parties overlook and, thus far, I haven’t quoted it either. In his letter he writes:

גם יש לשקול בגדר של ההתעוללות שבהשקפה שלהם היא אחרת לגמרי משלנו.

It is likewise necessary to assess the definition of abuse which, in their viewpoint, is totally different than ours.

As Rav Elyashiv, ZTL, so keenly writes, the non-Jews have different definitions of “sexual abuse” than we do. We are not allowed to prosecute our own people by their definitions.

This sentiment, which is clear daas Toras, is not original. This was clearly stated in the Chofetz Chaim’s Hilchos Lashon Hara in Klal 10:2 where he lists the conditions that are required for reporting one to civil authorities. As condition number 7, he states that it is imperative that this report to authorities does not bring about any type of repercussion more severe than if this same infraction were reported to a Beis Din at the height of its power.

In other words, if this is an infraction which at most would incur makos d’rabbanan (judicial flogging, usually only carried out after a warning was ignored) in Beis Din, and one is now subjecting the subject to long-term imprisonment at the hands of the non-Jews, this is out of the question.

In addition to all the above, I want to point out that the Malka Leifer case does not involve small children, but rather older teens who actually extended into legal adulthood. By our torah standards, the “age of consent” for a girl starts at 12. This is basically the same age that the perverts of the western world want to allow people to decide for themselves that they are eligible for transgender surgery.

Whether the accused took advantage of their vulnerabilities or not, nobody was actually forced into anything. Despite the denials of the accusers, there were plenty of people at the school to complain to in real time. The proof is that these are the same people they later sued in civil court for being responsible for their ordeals.

What is even more astounding is that the youngest of the three sisters, Elly Sapper, admitted in this article that she ignored her older sisters’ advice and voluntarily went to Mrs. Leifer in full knowledge of what was in store. And, yes, this very sister, Elly Sapper, who voluntarily approached Mrs. Leifer, was actually the first of the three sisters to file a complaint to the Australian police (see timeline above), and as such, she is the one who initiated the illegitimate indictment.

All the above teaches us that the Malka Leifer episode does not meet the standards that can be justified with this appalling Kol Koreh. Of course, here again, the promoters can claim that the Kol Koreh has nothing to do with the Malka Leifer episode. After all, the Kol Koreh was written in 2015 and the Mrs. Leifer was reported to the Australian police back in 2011. That’s four years earlier.  Did the Kol Koreh have any influence in the Malka Leifer saga?

I believe so.

For one thing, although there was only sparse coverage of the case over the first six years (2008-2014), it was only in 2016 which was a half year after the Kol Koreh, that the supporters posted the petitions with which to draw in the general public. The Halachically illegitimate petitions had overwhelming success as I reported in some of my posts. I believe that the Kol Koreh contributed to this to a large extent.

Sure, one could claim that those who signed the petitions are the non-chareidi Westernized consumerist Jews who do not incorporate daas Torah into their decision-making. They are those who don’t even read Mishpacha magazine and do not need their imprimatur to sign petitions like these. But did it influence the chareidi world?

I am not sure how directly, but I do know that the universal plague of automatic presumption of guilt which is strongly promoted by this Kol Koreh has poisoned the chareidi mind no less.

I think that this is evidenced by the way R. Dovid Lichtenstein carried the story in his Headlines radio program on Sept. 23, 2017. In the part of his program where he interviewed Dassi Erlich, he presented her claims as undisputed fact. He didn’t say, “We’re going to hear from a girl in Australia who claims she was molested by Malka Leifer…” but rather, “We’re going to hear from a girl in Australia who was molested by Malka Leifer…”. He is so positive about it that he feels justified to tack on the epithet שם רשעים ירקב in regard to Mrs. Leifer not once, but twice. On air!

Reb Lichtenstein does not question her narrative in any way, nor does he claim that he even made any attempt to contact Mrs. Leifer or anyone on her behalf to see if there is another version of the story. To him, the accuser’s story is automatically all true, no questions asked, and the accused is automatically a שם רשעים ירקב!

What is so disturbing is that it is very clear that Reb Dovid Lichtenstein is familiar with the teshuvos of HRHG Rav Elyashiv, ZTL, to Rav Feivel Cohen, Shlita since he discussed them on air in his interview with HRHG Rav Nachum Eisenstein, Shlita, on Jan. 23, 2016. The Malka Leifer case does not have umdenah d’mukchach and it does not even have a raglayim l’davar if all we have is the accuser’s testimony, it does not follow the Torah’s definitions of abuse, and it was not vetted out by any qualified Rabbanim prior to being reported in Australia. Incidentally, the definition of qualified Rav is one who knows the other two stipulations put out by Rav Elyashiv as well as the conditions of the Chofetz Chaim.

On top of this, in her interview, Ms. Erlich duly noted how her experiences made her question her religion. Not once did she mention consulting with any Rabbinic authority – qualified or not – before she, or her younger sister who is also irreligious, were moser Mrs. Leifer in Australia. No question there was no Beis Din that heard the case and sanctioned this mesira.

Dovid Lichtenstein’s self-imposed mandate is to explain and promote the Halacha, not to abrogate it. Even if her story has important lessons, I think it is disgraceful for him to proffer any type of support to an irreligious aggressor who is clearly not acting within darchei Torah. But I suppose, the flawed Kol Koreh and the other flawed sources that he quoted on his program gives him the “justification” that he wants.

The last issue to analyze in this case is, once we are dealing with a real-life occurrence, what kind of damage has it really done?

Before we take it on, we need to revisit the words of the Chofetz Chaim in Hilchos Shmiras Halashon 10:2 condition 7 (noted above) that it is imperative that this report to authorities does not bring about any type of repercussion more severe than if this same infraction were reported to a Beis Din.

We noted that one who is caught engaging in illicit female to female activities is first warned to desist, nothing more. If the warning is violated, there are makos d’rabbanan. This is carried out at the local Beis Din (בכל שעריך), after which the miscreant is sent back home to family life.

Halachic judicial punishments do not incarcerate people. They do not break up families and they do not send people to other localities and most certainly to outside of Eretz Yisrael to the hands of non-Jews. They are meant to discipline but not to destroy, to chasten people while preserving their lives and dignity and general well-being.

And all this is strictly when the punishments are warranted.

Not so here. We see with our eyes the alleged miscreant hounded, shamed, tormented and literally destroyed, kidnapped from home, sent out of Eretz Yisrael, incarcerated among the non-Jews and deprived of a life. Her family is forcibly broken up. Loss of any kind of parnassah and tons of legal expenses on all sides that do nothing but make lawyers rich.

None of this is sanctioned by the Torah or any Halacha. There is no rodef. There is no meitzar ess harabim. There was no Din Torah. And there is no justification for extradition even if the previous factors were in effect. There is no excuse for this damage.

As for the accusers, even if there is no social or financial damage to themselves (and I suspect there is plenty), by walking into the police station in Victoria to moser a person who left the country three years prior, and more so by actually bringing her back, they have entwined her into their personal lives in ways that can never be undone. The extradition and subsequent trial are dragging on and on and on. The accusers will be picked apart by the defense team and any dirty laundry that can be found will be put on display. If they get their conviction, they will have to live with the fallout of their unjustified mesira for the rest of their lives. If they don’t get their conviction, they will probably need to pay for it.

There is also damage to the supporters on both sides of the aisle. Jewish Community Watch (JCW) is now totally defunct. Both JCW and Shana Aaronson are in the hot seat for lawsuits if the accused is acquitted.

On the other side of the aisle, people who stood up for due process of law, for basic compassion, and for the kavod of Torah and Halacha and kedushas Eretz Yisrael, and who were basically doing their moral and civic duties, were publicly defamed and maligned. This includes Mrs. Leifer’s legal team, Rav Yitzchak Grossman, Rav Mendel Shafran, Rav Yaakov Litzman and even yours truly.

Worst of all, all this has resulted in a horrific Chillul Hashem and bizayon Hatorah. The Satan is laughing and the Shechina is crying.

And the most horrifying thing is that most people I hear from are celebrating this wreckage and rooting for it. I suppose this includes Reb Dovid Lichtenstein, Reb Dovid J. Nyer, the promoters and signatories of the Kol Koreh, and even some close friends and relatives of mine.

Sadly, all who are in favor of this nezek and Chillul Hashem have a cheilek in it.

I will not.

Walder I: Chaim U’Maves B’Yad HaLashon

Author's Note - This is the first installment of what I plan to be a three-part series. There is a lot to discuss here.     YH

I really shouldn’t be weighing-in to the Chaim Walder tragedy. (You can probably guess that this means that I am going to be weighing-in to the CW tragedy even though I shouldn’t be.) Numerous very prominent and venerable klei kodesh who are much older than me and certainly much wiser than me have already given us valuable insight and direction.

I was particularly impressed by a very “heartzige” half hour address by Harav Yitzchok Berkowitz, Shlita and a ten-minute segment from Harav Yitzchak Breitowitz, Shlita. I also listened to both podcasts from Halacha Headlines over the past two weeks, a stinging lecture from HRHG Moshe Meiselman, Shlita and read the statement from the OU authored by Rav Moshe Hauer, Shlita.

As much as we all denounce the extreme measures that Chaim Walder took, as well as a similar act by another prominent Chareidi askan who put found himself in a similar situation, nevertheless, I think most of us are breathing a collective sigh of relief that these individuals brought their episodes to a Hollywood style “once and for all” resolution and saved the Chareidi community the angst of how to deal with them.

As Harav Berkowitz passionately said, suicide is unacceptable in Judaism and is considered murder just the same. Rav Breitowitz aptly said that it is a manipulation that victimizes his family, revictimizes his victims, and scars the Chareidi world. It’s not the road to travel and we wish it didn’t happen. But then, if it didn’t happen, then what? How were we to handle him and his accusers?

This was the talk of the town before the fateful “final resolution” Monday. And the opinions were more diverse than the yea or nay of getting rid of his books. And everybody has an opinion. So where do I come in?

As usual, I like to discuss the blind spots that most others don’t seem to notice.

To quote Rabbi Breitowitz in Headlines who quoted former White House spokesman Rahm Immanuel – “Never let a crisis go to waste.” The most important thing is to reflect on “What lessons can we learn from this?” and “Where do we go from here?”

 

Who is “we”?

Us. You and me.

Allow me to elaborate.

This is definitely a horrific tragedy. I believe Harav Berkowitz said that this is the biggest chillul Hashem that he has ever witnessed. How big is this tragedy really?

Well, who are the “korbanos”?

1. At some level, there is Chaim Walder himself, guilty or not, and most certainly his family and close acquaintances. At the very least it can be said that he is a victim of himself.
   
   
2.  Then, of course, there are his victims - the ones he engaged with and whose lives were destroyed. There is no question about that.
   
   
3. Then, there is the remainder of the Chareidi community. This means people like me and you.
   
   
4. Finally, the “anti-Chareidi” secular Jews. They are also victims. 
   
   

In this post, I want to be selfish. I am not discussing Chaim Walder, AH, and his family. It doesn’t matter if he was truly innocent or guilty. He’s gone. He is in Beis Din shel maala with or without Rav Eliyahu, Shlita or Rav Silman, Shlita.

I am not discussing his victims/accusers, either. He is out of their lives. They need to pick up the pieces and, of course we need to do everything we can to help them. I may want to discuss the victims later, but not in this post. For the moment, I am discussing categories 3 and 4 – us and our secular brethren!

Where do “we” fit in? How are we hurt?

Just to remind everybody, I am Yechezkel Hirshman innovator and author of One Above and Seven Below. What stands as the goal of One Above and Seven Below?

I clearly explained it in the Introduction of my book and even in the FAQs in the opening pages.

Firstly, I am defining the Chareidi world as the society that promotes HKBH’s contract and “benefits package” in Vayikra 26:3-13 and lives by it. HKBH promises us the best of all worlds (benefits package) if we uphold the contract. That is to live as the Chareidim live. My goal is to “sell” this benefits contract to the entire Jewish population – at no cost – for, well, for their own benefit!

Incidentally, here is what a Central Bureau of Statistics report said on June 27, 2018:

Jews are more satisfied with their lives than Arabs. Among Jews, haredim are the most satisfied with their lives and their economic situation, even though haredim are poorer on average than the rest of the Jewish population.

This is a standard that is not about to change even when an occasional miscreant like Chaim Walder is unmasked.

As a skilled salesman, my job is to accentuate the positive, eliminate the negative, latch on to the affirmative and not to mess with Mr. In Between.

It’s not an easy job. This is due to my main competitor. The Satan, Yetzer Hara, Malach HaMaves or whatever he is called doesn’t want us to qualify for the benefits package. As such, he goes out of his way to present a different picture than the Central Bureau of Statistics. His method is to eliminate the positive, accentuate the negative, latch on to the derogative, and invite Mr. In Between (i.e., doubt and Safek).

And he does it by hiring people to shine a spotlight on the apparent dark side of Chareidi life. To say whatever lashon hara and even motzi shem ra on the Chareidi world in order to accomplish what lashon hara and motzi shem rah usually accomplishes, to destroy what is good.

First, he gets weak, insecure, overconfident people like Chaim Walder and Yehuda Meshi-Zahav to go haywire and destroy themselves and others. That itself puts many notches on his belt. Thereupon, he hires unsuspecting mild-mannered reporters to make it their business to publicize this destruction to the masses and thereby broadcast juicy lashon hara or motzi shem ra, as the case may be, to the sensation-hungry masses. This will disillusion the faithful, feed ammunition to the faithless and dissuade Mr. (and Ms.) In Between.

Not too good for business.

As I wrote in the Introduction of my book, I am very distressed to see “Orthodox” writers using the anti-Chareidi, left wing (or even centrist) secular press to publicize what they conceive to be the exclusive Chareidi social ills. Invariably, it accentuates the negative and eliminates the positive and presents a distorted picture which is only destructive.

It was for this reason that, among many similar defensive posts, I posted a three-part series in 2017 called Judging the Judges. I think it is imperative to read the first half of Part 1 HERE.

The common denominator of the three episodes that were studied is that, in each case, an individual (which coincidentally happened to be female) who had a personal grievance against a perceived miscreant from the Chareidi community, felt entitled to broadcast the iniquities to the entire world. Regardless of whether these women were justified in their grievances, there was no justification whatsoever to import the matter into the public arena. It stood to do way more harm than good.

Perhaps I should title this post: Judging the Judges: Part 4. (It may be the title of a coming post!)

This episode has a lot to do with us. But why? If we are not the perpetrators and we are not the victims, why are we involved? Okay, we all need to know that we need to throw out his books, don’t we? But how did we get involved and why? What would be so bad if the average yid hadn’t heard about this whole mess and, chas v’shalom, lo aleinu, kept his books anyway? And, if at the same time, this were also kept away from the prying eyes of the detractors of Torah Yiddishkeit?

How many of us had anything to do with this or heard about it before mid-November 2021?

What happened then?

What seems to have happened is that on or about November 12, the secular newspaper Haaretz printed an exposé story authored by Aaron Rabinowitz and Shira Elk telling the [mostly secular] public about the alleged sins of the deceased Chaim Walder (AH). In a JTA article dated November 30, 2021, parts of an interview with Aaron Rabinowitz were printed in which he detailed what alerted him to the saga and how he went about getting all the information that eventually became his exposé. It looks to me that he did a very thorough and responsible job.

In fact, he did such a thorough and responsible job that on November 28, he and his partner, Ms. Elk, were awarded the prize for journalistic excellence by the Israel Press Institute. Officially, the prize was due to their earlier exposé about Yehuda Meshi-Zahav of ZAKA fame, but it is very likely that this more recent event from November 12 had a lot of impact. It is worth noting that the prize for journalistic excellence from the Israel Press Institute is NIS 50,000.

As a result, this whole mess came out into the open and the “talk of the town”. Rav Shmuel Eliyahu, Shlita convened a Beis Din and gathered testimony. He concluded that there is truth to the allegations. Chaim Walder did himself in (as did one victim), the remaining victims/accusers have closure, and we have to decide whether to throw out his books. Case closed.

This episode has left the Chareidi world both smarter and smarting. It remains to be seen what measures, if any, will be implemented in order to prevent any repeat performances. I hope to discuss this more in a follow-up post. Right now, I want to complain.

I was not happy to hear about this saga. I would have preferred not to. But thanks to Aaron Rabinowitz and Shira Elk, this story became public knowledge. Did it have to?

I think we need to review some of the Halachos of Lashon Hara that all of us know.

Firstly, we know that there are two levels:

Lashon Hara – This is derogatory speech which can or does harm someone – and is basically meant to harm someone – yet all the details are true.

Motzi Shem Ra – This is derogatory speech which can or does harm someone – and is basically meant to harm someone – but at least some pivotal details are false.

Motzi Shem Ra is an atrocious act for which even leprosy is too good. All of the sefer of Shmiras Halashon (Hilchos Lashon Hara) is barely touching it. It only deals with lashon hara. Make a note of this.

Secondly, we all know the gemara in Erachin 15b which states:

In the West (Eretz Israel) they say that lashon hara kills three people – the reporter, the listener and the subject.

We understand this to mean that it kills these people in a figurative or metaphoric sense. Yet, the Midrash Tanchuma (Metzora 2:1) illustrates that this can actually be quite literal when it discusses how the lashon hara of Doeg HaAdomi actually brought about the demise of Doeg (the reporter), Shaul (the listener), and Achimelech (the subject). Again, we are discussing lashon hara and not motzi shem ra.

Note that even Dovid HaMelech - another "subject" of the lashon hara and not the one who spoke it - was held responsible for every single casualty in this event. Even that of the wicked Doeg. And he paid a very heavy price. See Sanhedrin 95a.

Thirdly, we know that not all derogatory speech counts as lashon hara. There is a short list of about seven conditions detailed in Shmiras HaLashon (Hilchos Lashon Hara) 10:2 which, if all that are applicable are met, nullifies the status of lashon hara. The easy ones are that the report must be totally true, the reporter knows it all first-hand, no filling in blanks or exaggerating, if possible, the subject must be confronted first, and the expected consequences should not be more severe than anything that would happen in a Beis Din.

Arguably, it can be claimed that in our case all of the above were met. But we shall soon see that the “confronting” part is very debatable.

But even after everything is true and not overstated and the rest, there are two other items on the list that override all:

1. There must be a constructive objective (toelles).
   
   
2. There is no alternative way to accomplish this toelles without disseminating the derogatory speech.

There are two more points to make regarding the toelles requirement:

• The Chofetz Chaim adds that the reporter’s intentions must be pure so that he has nothing personal to gain from his report
  
  
• As a corollary to the above, although it wasn’t said explicitly, I think it goes without saying that the intention of the reporter must be solely toward this toelles. It is not acceptable that the reporter says it to harm the subject or somebody else but rationalizes the harm in that there is also a collateral benefit to someone else.

Once we know all this – and we all do – we need to take a critical look at the exposé in Haaretz and the integrity of the authors from a Halachic perspective.

I know nothing about Shira Elk and I don’t think that she was the primary author, in any case. I will guess that her role was more to do the investigating and speaking to the women victims. I don’t know if she is religious except that she works for Haaretz which gives me a clue.

Conversely, from what I understand, Aaron Rabinowitz is quite religious and comes from a Chareidi upbringing. Despite this (or is it, because of this?), he has chosen to make a living by joining forces with a very anti-Chareidi secular media forum and to feed them whatever scintillating gossip involving the Chareidi world that he can uncover. And evidently, he goes to great lengths to uncover it. It seems that he has been doing this for several years.

Aaron Rabinowitz (and his partner) wrote an exposé article about a true (lets go with this) scandal in the Chareidi world. He went to great lengths to collect all the information. He was not sought out by the victims/accusers but, rather, he sought them out to get their stories. Of 15 victims he claims to have interviewed, only three of them agreed to let him include their stories even under pseudonyms. He judged, juried, and executed the entire exposé. As a result, a Beis Din was convened, Chaim Walder offed himself, the victims breathed a sigh of relief but not much more, and I need to hunt down his books so I can throw them out.

Assuming he is truly a religious person and has any yiras shamayim, he should know that he is embarking on a very risky venture. Why did he do this? Did he do the right thing?

Surely he can say it’s all true, he heard it all straight from the accusers, no guessing, no exaggerating, he contacted Walder for his opinion (he claims Walder said it’s all a blood libel), and the case even went to a Beis Din. All good.

But we have one more major hurdle. What was the toelles? And was there no other way to achieve it?

On the surface, there is no denial that we expunged a destructive unrepentant predator from our midst and put an abrupt end to his immense ongoing devastation. It certainly saved any new potential victims. And we were spared a lot of ogmas nefesh in the process. We also took on a higher awareness to this sordid phenomenon which sharply induces us to take stronger measures to combat this problem. Hopefully, this can go a long way to reducing this scourge in the future from other predators.

These two things are vitally positive achievements.

On the other side of the coin, Walder is dead. Yes, he died by his own hand. If suicide is to be considered a murderous act despite his iniquity, then to kill him out right is also a murderous act despite his iniquity. Remember that the gemara in Erachin calls lashon hara tantamount to murdering the subject even though the lashon hara is true and, as such, the fellow in question may really be a pretty nasty scoundrel!

Of course, one can argue that he had a din of a rodef and, as such, his blood was hefker. Tough call. But it didn’t end there. More distressing is that it seems that one of Walder’s victims likewise died by her own hand as a result of this story going public. For now (please, no more!), we have two actual bodies as the result of this lashon hara one of whom is a total victim who did not harm anyone.

And let’s not forget Yehuda Meshi-Zahav whose life is hanging by a thread (in more ways than one). Even if two of these three korbanos are people we shouldn’t really miss, the Rabbanim are crying about the frightening concept of seeing suicide as a viable option (R”L) and the message this can send.

After this, we have a tremendous chillul Hashem, the fallout that affects the entire Chareidi world and the fuel presented to Chareidi detractors to prevent them and others from seeing the benefits of the Torah world and signing on to it.

Does the toelles outweigh all this damage and make the writer a hero? Or does it take a back seat and leave him accountable?

It’s very hard to answer this question by itself. But let’s look at the next condition - There is no alternative way to accomplish this toelles without disseminating the derogatory speech. Is this the case here?

This may be an even harder question to answer. Mr. Rabinowitz collected a lot of information. Very explosive information. Dynamite. The question now is: What should a shomer Torah u’mitzvos do with this explosive information?

As a Chareidi, I would say one thing not to do with such explosive information is to hand it over to Haaretz for the sake of passing it out to the public for immediate detonation. Perhaps, if the toelles is the dominant factor and there are no other options, it may be a last resort to save those at risk, but it would be best to first try other things.

We know that Rav Eliyahu, Shlita set up a Beis Din for inquiry and was prepared to follow through with whatever tikunim. We also know that Mr. Walder was not very cooperative. Would the Beis Din still be convened if the information was passed to him up front? Or was it only as a result of the explosive publicity?

In other words, would there be a better result if this Beis Din or any Beis Din was contacted up front before breaking the story to the public?

Most likely the writer will respond that he was not aware that anyone like Rav Eliyahu was available to manage such an undertaking. It wasn’t a part of his investigation. But let’s move on.

The original article indicates that Walder was confronted. I need to ask, how was he confronted?

Did Mr. Rabinowitz confront him like an investigative journalist (gossip columnist) working on a scoop? – “Hello, Mr. Walder. My name is Aaron Rabinowitz with Haaretz. I am in the course of writing a story about multiple women who claim to have been assaulted by you. My deadline is tomorrow at 6:00 pm. So far, I have heard accusations from 15 alleged victims. It is my ethical duty to seek out your response. What do you have to say to these allegations?”

Or did he confront him like a concerned Jew with ahavas Yisroel who would like to put a quiet end to the diabolical exploits of a nefarious predator? – “Hello, Mr. Walder. My name is Aaron Rabinowitz and I am an investigative reporter for Haaretz. The aftermath of the Meshi-Zahav affair brought to light shocking accusations from many alleged victims about your dark side. Of course, I am planning to publish this story in Haaretz but, perhaps, if you take the high road and turn yourself into the Beis Din of your choice for guidance on teshuva and making amends, we can avoid all this publicity. What do you say?”

Both approaches are saying, “Walder, the jig is up. We know who you are. This is going to end.” But the first approach is saying, “This is going to the secular media whether you like it or not. What should we say in our story is your response?” In this scenario there is nothing in it for him to admit anything. He’s taking a public fall anyway. As such, there is nothing for him to do but deny it. Maybe some people will take his side.

I cannot believe that this is what the Chafetz Chaim has in mind by confronting the subject.

The second approach is giving him an out, uncomfortable as it may be. It is saying, “Walder, you have a choice. Come clean just to me and some Beis Din and go quietly. Yes, you will lose your status, reputation, parnassah, maybe marriage, maybe you will need to pay some restitution, but you have much to account for and you can still fix yourself and avoid making a public spectacle and bringing down your family and the whole community. (Or if you are going to off yourself anyway, you can do it now before we all find out and the world will think you were just under too much personal stress.) If not, I have no choice but to go public with this and put you to shame to end your shenanigans.”

Yes, coming clean quietly would require from Walder a total mesiras nefesh which was not in his arsenal (I guess suicide was), but still, a choice is a choice. This is what the Chafetz Chaim is requiring.

Please correct me if I am wrong, but it is very difficult for me to fathom that Mr. Rabinowitz would even consider the second approach. It’s not his job and it’s not what he’s paid for. He is a mercenary journalist, for heaven’s sake, not a mashgiach ruchni. Such an approach would require from Mr. Rabinowitz his own level of mesiras nefesh to risk passing up on a great scoop, fame and fortune and a cash cow, to take this a different direction.

But the Chafetz Chaim says that if you are a kosher Jew, you sometimes need to have the mesiras nefesh not to publish a scoop.

All this relates to the “confronting” issue. Regarding the issue of toelles and if it can be accomplished without detonating the dynamite, the question still stands. If he would have confronted Walder with an ultimatum (approach 2) before publishing the article, could the same toelles not be achieved without the fatal publicity (to two people)?

I don’t think we’ll ever know but, regardless, I don’t think that the option that is likely to do the most damage should ever be the first course of action. Even if that’s what one does for a living.

And speaking of what one does for a living, we reach the third issue about a toelles - the person who says the absolutely true toellesfull lashon hara cannot have a personal interest or stake in it. And, as personal stakes go, money tops the list.

They say that when it comes to buying real estate or surviving gunshot wounds only three things matter: (1) Location (2) Location (3) Location.

Likewise, when it comes to nullifying the prohibition of lashon hara because the report is a toelles, only three things matter: (1) Intention (2) Intention (3) Intention.

It’s not enough that there is a constructive toelles. Your intention must be only the constructive toelles. When I checked over Mr. Rabinowitz’s record all I could find (with rare exceptions) were “news” stories about members of the Chareidi world. “News” means the unanticipated and abnormal occurrences. Things we shouldn’t expect from Chareidim. Man bites dog as opposed to dog bites man. “News” that feeds the appetites of the secular world who want to convince themselves that the Chareidim are just as decadent as they are so they can justify their alienation and miss out on all the blessings. Tens if not hundreds of such “news” items going back at least three years (I was able to go back as far as 2019).

And in most of these news items which send out the same negative signals and promote the alienation, there is no toelles whatsoever.

Orthodox “muckrakers” who hail from the Chareidi world or from close to it – and I know a few – often rationalize their criticism as a gesture of love or altruism. They are trying to fix the wrongs so that we can all live happily ever after. They may consider themselves humanitarian and more “enlightened”. They are trying to help us.

It's hard to accept this when the writer consistently presents scores of articles that are meant to do the same denigrating and alienation even when there is no such toelles on the table. Mr. Rabinowitz is a journalist for a secular newspaper. He writes exposés about members of the Chareidi community, and he’s been doing it for years. This is the devil’s work, but he does it. He gets paid to do it. He sells his gossip to the anti-Chareidi secular world, to the population who is willing to pay for it. This is his living.

In the JTA interview (English translation), runs the headline: "A journalist breaking Orthodoxy’s biggest sexual abuse stories says he wishes he didn’t have to". Well, if he didn't have to, he would be out of work, wouldn't he? Does he really wish to be out of work?

In the article, he is quoted as saying: “To our chagrin, it was necessary for journalism to publicize the story.” – as he counts his share of the prize money. Who on earth is “journalism”?

It is my opinion that even if Mr. Rabinowitz is a well-intentioned humanitarian, he is a journalist first and a humanitarian second. Accordingly, no toelles justifies what he writes. I don’t think he is only exposing the dark side of the Chareid world (whether or not for our own good), I think he is illuminating it. This falsely gives the recessive dark side a more dominant appearance.

The money he earns by illuminating the dark side of the Chareidi world is blood money. And the Israel Press Institute award that he got over the bodies of Meshi-Zahav, Chaim Walder and especially the victim who killed herself – who might not have if he hadn’t made the scandal public – is literally blood money.

I think that if he has any real yiras shamayim, he will bid farewell to Haaretz and seek another line of work. And if he really is a humanitarian and any kind of a mentsch, he (and she) will not touch the award money from the Israel Press Institute. It is מוקצה מחמת איסור and אסור בהנאה. They will promptly pass it on to Meshi-Zahav’s family (since they got the prize for that report) or to Walder’s or to some of the victims.

At least they can show us that they are better.

 

חיים שתהא בנו אהבת תורה ויראת שמים

Postscript - To date I have made two attempts to contact Haaretz asking for an email address for Aaron Rabinowitz to send him a draft of this blog, both without success. If Mr. Rabinowitz sees this blog and feels that any part is inaccurate or inappropriate, he is invited to contact me at 1a7b.author@gmail.com.

YH