Yechezkel HaNavi on Pesach and Corona[virus]

Hello readers. Yechezkel (HaNavi) Hirshman here.

Okay, we all know that I am an imposter. Not close to a Navi. But…there is a real Yechezkel HaNavi and he says some interesting things.  I will get to them in a minute.

I have been debating whether to write anything about our current situation over the past few weeks. Quite obviously, there is really no purpose because there are many prominent and well-respected Torah speakers who have given us both mussar and chizuk. You can access it all over the [newly discovered] Internet at Kol Halashon, Torah Anytime, as well as links posted by all the usual suspects – Yeshiva World News, Vos is Neis, MatzavBlasts, Chadrei Haredim, Kikar Shabbat and your personal WhatsApp contacts.

Owing that I am neither prominent nor well-respected, I don’t suppose I hold much sway. Besides, I don’t have a whole lot to add. And, lastly, the situation is changing so fast (בעתה אחישנה) that many of the initial insights are not relevant. I am sure we all learned our lesson about not making lavish weddings and bar-mitzvas and that just maybe shidduch dates over Zoom is not such a bad idea, after all. But what now?

Nevertheless, it is now erev bedikas chametz and the onset of Pesach which we hope will usher in our geulah shleima (אכי"ר) and there are one or two messages that I haven’t seen mentioned by anyone else. So – במקום שאין נביאים, השתדל להיות נביא.

Yea, hear the words of the prophet Yechezkel…

Message 1

Tomorrow night is the [first] seder and, as we know, the highlight of the seder is Maggid – sippur yetzias Mitzrayim. The Haggadah is an analysis of the four psaukim about the geulas mitzrayim that we recite when we bring the Bikurim to the Bais HaMikdash. The first pasuk is:

ארמי אבד אבי וירד מצרימה ויגר שם במתי מעט ויהי שם לגוי גדול עצום ורב  

In reference to the last word, ורב, the Hagaddah links us to a well known pasuk in Sefer Yechezkel 16:7:

רבבה כצמח השדה נתתיך ותרבי ותגדלי ותבאי בעדי עדיים שדים נכנו ושערך צמח ואת ערם ועריה  

Strangely, and for no clear reason, the Haggadah then adds the previous pasuk (reverse order):

   ואעבר עליך ואראך מתבוססת בדמיך ואמר לך בדמיך חיי ואמר לך בדמיך חיי

Most of us dip a finger in the wine and spill a drop each time we say “בדמיך חיי” to symbolize a “blood bond” with HKBH.

Interestingly, this is not the only time we recite this pasuk and “spill” wine to symbolize a “blood bond” with HKBH. We do this at every briss. We recite the pasuk and spill a drop of wine/blood into the baby’s mouth.  

We all know that this is the special blood bond that we have with HKBH which we commemorate with two special mitzvos – Korban Pesach (or now, our Seder) and briss milah. These are the two mitzvos that make us unique. The two mitzvos that almost all of Klal Yisrael observes, even if they observe no other mitzvos. And these are the only two positive mitzvos that are so vital to our identity that if one willfully neglects to do them, he is disconnecting himself from HKBH and His nation. He is liable for kares.

So let’s take a broader look at Yechezkel 16 which is the source of these powerful pasukim.

This entire perek of Navi is delivered as a mashal – a parable. It speaks about a baby girl who was cast away at birth and even the placenta was still attached. A well-to-do person chanced by this forlorn foundling and for the first 14 pasukim talks about how he nurtured her back to health and helped her grow into a beautiful young woman and adorned her with the finest clothes and jewels and took her as his bride. Finally, in pasuk 14 the Navi says that she was known among the nations of the world for her exquisite beauty:

 ויצא לך שם בגוים ביפיך כי כליל הוא בהדרי אשר שמתי עליך

But in the next pasuk, things start to turn sour. She becomes unfaithful and betrays they Great Benefactor who gathered her from the gutter and turned her into a princess. She begins to consort with everybody except her benefactor. This goes on for another 20 pasukim.

From pasuk 36-58 the Navi then describes what terrible punishments the princess turned harlot needs to undergo as retribution for her treachery. She will suffer along with those “lovers” (nations) that she consorted with in place of her loving suitor.  

Finally, in the last 5 pasukim of this perek, the Navi says that HKBH will still remember the covenant that He made with the young princess and take her back for His sake so we will all know “that I am G-d”.

So, we see that HKBH initially made us the crown of the nations. We were supposed to remain that way but we strayed. He needs us to come back to be worthy of the כליל that we had. The two crowns that we received at Har Sinai when we said נעשה ונשמע.

Let’s look one more time at that last pasuk just before the princess starts to turn sour:

 ויצא לך שם בגוים ביפיך כי כליל הוא בהדרי אשר שמתי עליך

What does Rashi say on this word “כליל”?

"כי כליל הוא" - לשון מכלול ד"א כי כליל הוא כי שלם היה ד"א כי כליל קרונ"א בלע"ז כמו נזר דמתרגמינן כלילא

I don't really know what to make of this, if anything, but did Rashi know something we don’t?

Message 2

This Shabbos will be Shabbos Chol HaMoed Pesach. On Shabbos Chol Hamoed Pesach we read the Haftara in Yechezkel 37 – The dry bones that Yechezkel HaNavi brought to life.

The Hebrew word Corona – קורונה – does not appear encoded in Tanach as a Roshei Teivos or Sofei Teivos. But, like almost any word, it can be found as an ELS (Equidistant Letter Sequence) code. The most significant ELS is always the shortest one, and the shortest ELS for the word קורונה (by far) is 9 letters. It is found in this pasuk from the upcoming Shabbos Chol HaMoed Haftara (Yechezkel 37:8-9):

וראיתי והנה עליהם גדים ובשר עלה ויקרם עליהם עור מלמעלה ורוח אין בהם ט ויאמר אלי הנבא אל הרוח הנבא בן אדם ואמרת אל הרוח כה אמר ה' אלקים מארבע רוחות באי הרוח ופחי בהרוגים האלה ויחיו

The gemara in Sanhedrin 92b discusses who were the dry bones and what became of them. Some say that they stood on their feet and sang songs of praise to HKBH and then died again. But others (Rabi Eliezer the son of Rabi Yosi HaGalili) says that they made aliya to Eretz Yisrael and married women and had sons and daughters.

Evidently, like this opinion, this is what they were brought back to life for. This was the purpose of their “קורונה”.

Amidst all of our tragedies and trials and tribulations, there is no room for despair. We are all praying for life and good health. Even for those who have succumbed to this plague, there is a future. The world says, “Where there is life, there is hope.” But Yechezkel HaNavi teaches us that, “Even where there is death, there is hope”.

ה' ממית ומחיה מוריד שאול ויעל.

Heed the words of Yechezkel HaNavi.

Have a happy, healthy, and Kosher Pesach.

With love to all the Jews,



Yechezkel

Parshat Zachor: No Boundaries – The Amalek within Us

אשר קרך בדרך... ולא ירא אלקים

Once upon a time I was in Meah Shearim sitting in the waiting room of an askan from the Chareidi community. There so happened to be a young irreligious couple also sitting in the waiting room. The female of the species was wearing a short sleeve top and pants and her head wasn’t covered. Coincidentally, so was the male.

There was a little bit of small talk and the woman said to me (in Hebrew), “You probably think by the way we look that we are not maaminim (believers). This isn’t true. We are maaminim just like you.”

I responded to her as follows: “You seem to think that ‘belief’ is a monolithic phenomenon with a single definition where a person is either a ‘believer’ or not and all ‘believers’ can be put on one shelf. You are sorely mistaken. Our belief system is comprised of 13 articles of faith which are not all or nothing. There are several parts such as – there is a G-d, there is no other god, this G-d created the world, He dictated the Torah and gave it to us through His prophets, He knows all of what we do, He gave us laws to follow and He will reward those who follow His laws and punish those who violate them.

“It is possible for one to believe in some of them but not in others. I happen to believe in all of them. By virtue of your demeanor, it is hard for me to believe that you also believe in all of them. As long as this is the case, even though you may truly be a ‘believer’, I do not think you can claim to be a believer ‘just like me’.”

We have two primary terms to address G-d. One is the holy four-letter Name – YKVK or “Hashem”. The other would be Elokim or Elokeinu. We know that each of these terms has a distinct meaning and we consistently analyze when the Torah (or Tanach) chooses to use term A or chooses term B or both. Why this term and not the other? The basic distinction is that the four-letter Name indicates midas harachamim, mercy, our Father in Heaven, and the term Elokim (G-d or our G-d) indicates midas hadin, judgement, our King. 

We have also heard terms like Yiras Hashem and Yarei Elokim but we don’t always scrutinize so much why one term is the appropriate one and not the other. So what do they each mean?

Let’s take another look at the 13 principles of faith and briefly review the entire list:

1.   G-d created all that exists

2.   G-d is unique, always existed and always will exist

3.   G-d has no physical appearance

4.   G-d predates all and outdates all

5.   It is only possible to pray to this G-d

6.   All words of His prophets are true

7.   Moshe was the father of all prophets and his prophesy is true

8.   The Torah that we have was given to us through Moshe

9.   There is not and will not be any other Torah

10.        G-d is aware of everything we do and think about

11.        G-d rewards those who follow his commandments and punishes those who violate them

12.        The Moshiach will come

13.        The dead will be resurrected

We can divide these principles into two groups:

Category 1 – YKVK

Principles 1-4 define the essence of HKBH, primarily that He is unique and eternal. Haya, Hova, v’Yihiya – always was, is, and always will be. This is exactly what the term comprised of the four-letter Name – YKVK – means.

But this has nothing to do directly with us Jews.

Principles 5 and 6 are also attributes of G-d and are not necessarily specifically aimed at us Jews. They apply to any Human being. So, these two are somewhat in-between and I would put them in the first category.

Category 2 – Elokim

Principles 7-13 deal specifically with how G-d relates to us as His nation. That He speaks to us through His prophets and, in a much more limited way, through our sages. That he knows what we do and think. That he will reward and punish us and send us the Moshiach and revive our dead.

In short – He is our Lord and Master and King and Judge. He is Elokim.

To summarize: 1 through 6 – YKVK (Hashem). 7 through 13 – Elokim (or Elokeinu).

It is not too difficult for any Human being to believe in the YKVK category of principles 1-6. For one thing, I think it is easier to believe in a Creator than in evolution and that this world created itself. For another thing, principles 1-6 do not impose any obligations or restrictiona on anyone. There is no price to pay to believe in 1-6. As long as we stop here, anybody can believe that there is a disconnected G-d. You don’t have to be Jewish.

Even Amalek can believe that a G-d exists. This does not negate their belief in “keri” – happenstance. There are no rules. Even Amalek can have some Yiras Hashem – a fear of “Nature”, a fear of the forces of the world. This does not cost them anything.

Everything changes in the “Elokim” category. These principles tell us that G-d is not disconnected. He sees all and knows all and has rules and obligations for us to live by. This imposes upon our personal freedom.

And, of these 7 principles, the two primary ones are principles 10 and 11. Number 10 says that G-d knows all that we do and what we think about – i.e., why we do it. Number 11 says that G-d rewards those who follow his mitzvos and punishes those who violate them. In other words, there is Heavenly retribution!

Obviously, anyone who understands these two principles and truly believes in them takes them very seriously and will do his or her best to observe the mitzvos. They want to be rewarded. They don’t want to be punished. They greatly fear Heavenly retribution.

They are Yarei Elokim!

Conversely, one who does not observe mitzvos quite obviously does not really believe in Heavenly retribution. It doesn’t matter how Jewish he or she is. Certainly, they are good moral people and won’t kill, steal, or rape or even cheat on their spouses…if all this serves their interests. But their “goodness” is there because “society” imposes a penalty on criminal behavior. Or, their consciences will not give them peace. But it is not because they fear Heavenly retribution.

There is no Yiras Elokim.

No Yiras Elokim does not mean there are no rules. It means there are no rules attributable to G-d. The rules are my rules. I decide which rules to live by and I decide when the rules must be kept and when they can be broken. I have rules but I have no boundaries.

This is Amalek.   ולא ירא אלוקיםThey have no fear of punishment. They don’t believe in it. And so, they have no boundaries.

When there is no Yiras Elokim, the rules can change at whim. There are no boundaries.

And so, Avraham Avinu explains to Avimelech:

כי אמרתי רק אין יראת אלקים במקום הזה והרגוני על דבר אשתי.

“For I told myself, for there is no fear of retribution in this place, and they will kill me for my wife…”

Avimelech’s kingdom certainly had laws and rules and punishments. But they were man-made laws. One could always make “exceptions”. Especially people in high places. In high places, the rules change. There may be plenty of contribution but not much retribution. And if there is no fear of retribution anything can happen.

There is no Yiras Elokim. There are no boundaries.

This is the essence of Amalek – ולא ירא אלקים. It is the essence of the Eirev Rav. And, sadly, it affects many Jews who are רפו ידיהם מן התורה. Rafu yedeihem min haTorah means that they stopped believing in principles 6-9. The prophets don’t “speak to me”. There is no “word of G-d”. The Torah doesn’t “speak to me”. I have no Torah to follow. And, if so, there is no reward for keeping it nor punishment for violating it.

There is no Heavenly retribution. And there are no boundaries.

When a Jewish person who was brought up Orthodox and educated Orthodox and was taught Torah and mitzvos stops observing Torah and mitzvos for whatever reason, he or she is saying that they don’t believe in principles 10 and 11. They won’t be rewarded and they certainly won’t be punished. Most likely, they do not believe in principles 6-9, either. They can claim that they believe in G-d and even in “justice”, but it is their definition of justice, not G-d’s. They may be “good” people with social morals, but they are not Yarei Elokim and they have no boundaries.

And there are even Jews who can be called “Orthodox”. They keep Shabbos because they believe in principles 1-4 that G-d created the world in six days and rested on the seventh. But they have no Ameilus b’Torah so they cannot hear the word of G-d (Vayikra 26:14). They may even believe in principles 5-8. But somehow things change in principle 9 – there will be no other Torah. Suddenly, the Torah becomes flexible.

When G-d says a man should not lie with another man, He doesn’t really mean it. When He says Jews should not be imprisoned, He doesn’t really mean it. When he says, Jews cannot be sent out of the Land of Israel, He doesn’t really mean it. When he says that Jews are not to be handed over to non-Jews for punishment, He doesn’t really mean it. When He says not to shame people in public for things they have done in the past but are no longer doing, He doesn’t really mean it. When He says to love Him and do His mitzvos even when He takes your life or your money or gives you a rough time in life, He doesn’t really mean it.

This is because we have to be “just” and “moral” people and, regardless of what G-d says, this isn’t my idea of justice and morality. So I can embrace homosexual behavior (not just tolerate it) and I can denounce Jews to non-Jewish police for past sins (not just for current ones) and I can see to it that they are extradited and imprisoned and shamed and destroy their families and prevent them from repairing their lives because this is “justice”.

There is another “Torah”. So we can no longer believe in principles 10 and 11. There will be no Heavenly retribution for this. There is no need to fear Elokim. There are no longer any boundaries.

Yiras Elokim is in short supply these days. Amalek is with us.

וקוץ ודרדר תצמיח לך... מלחמה לה' בעמלק מדר דר!

ליהודים היתה אורה ושמחה וששון ויקר

פורים שמח

Related posts:

Mishenichnas ADAR Marbim b’… Rechilus?

We will not Kneel and we will not Bow

Spitting, Crying, and Laughing All at Once

Many of us patronizing Orthodox Jews are fond of telling over this hypothetical story:

Mr. and Mrs. Goodman, a Jewish couple, were having some serious personal issues and so they made an appointment to consult the local Orthodox Rabbi, Rabbi Moskowitz. The interesting thing was that the Goodmans were non-observant Jews who happened to be members of the neighborhood Reform Temple led by Rabbi Rose.

The Goodmans met with Rabbi Moskowitz, poured out their hearts, and listened to his advice on how, with G-d’s help, to deal with their issues. At the end of the meeting, Rabbi Moskowitz remarks to them: “I am happy to have met you and glad to be of help but you don’t seem to be members of my congregation. With whom are you affiliated?”

“This is true, Rabbi, we are actually members of Rabbi Rose’s Reform congregation.”

“Well, Rabbi Rose is a well-educated, intelligent man. If you are members of his congregation, why did you not consult him? Why come to me?”

Says Mr. Goodman, “I’ll tell you, Rabbi. We are Reform Jews but…well… G-d…you know…He’s Orthodox!”

Yep, even secular Jews know that G-d is Orthodox. And He’s not just Orthodox. He’s chareidi!

How do I know?

Because “chareidim” are the ones that the Prophet Yeshaya was referring to when he wrote, “Hear the word of G-d; those of you who are chareidim (anxious) to hear His word.”

According to Yeshaya, chareidim are those who hear the word of G-d – and carry it out. Hence, G-d must be chareidi because, if not, why would Yeshaya use that term to refer to those who listen to His word? If G-d wants people to “hear His word” and He calls those people chareidim, then whatever G-d’s “word” is, must be to behave like a chareidi.

You have my word!

So, what is the word of G-d that whoever listens gets to be called chareidi?

Week before last, we heard (Shmos 20:8-15): Keep the Shabbos, honor your parents, don’t kill or steal or commit adultery or lie in Beis Din, etc.

Last week we heard (Shmos 21:16): U’gonev ish u’mecharo…mos yumas – one who kidnaps a person and sells him into slavery (or captivity – i.e., prison) is subject to the death penalty.

In Ellul we will hear (Devarim 23:16): Lo tasgir eved (Do not hand over a slave). Chazal explain this to mean that any person who is Jewish, or even half-Jewish, cannot be extradited outside of Eretz Israel (see Rashi).

And on every Jewish festival we will hear (Vayikra 22:32): לא תחללו את שם קדשי – Do not desecrate My holy Name.

This is what G-d wants us to hear.

We have to be Holy because G-d is Holy (Vayikra19:2). And if we have to be “chareidi”, it’s because G-d is “chareidi”.

I haven’t written about the Malka Leifer episode for some time. This is mainly because there is not a lot happening.

Well, very recently there was a bit of a breakthrough. The new independent psychiatric panel announced “unanimously and unequivocally” that Mrs. Leifer is mentally fit to be extradited. The announcement was made on January 10, 2020 and submitted to the court on January 14. Apparently, there will be about three hearings to allow the defense to cross-examine the members of the panel, the current dates for the first two are February 26 and 27, 2020. Even these may be delayed. This itself will bring us close to Pesach (and probably beyond).

Oh, no! There has just been a decision (Feb. 18) that the defense is going to be allowed to bring their own expert witnesses to rebut the panel’s decision in addition to being able to cross-examine the panel. Will it ever end?

After all of this is done, there will be a final decision from the court just on the mental fitness issue probably not less than 45 days later. Assuming the report is upheld, only then will begin actual extradition hearings. No telling how long they will last but, if the extradition order is upheld, we can expect appeals.

So this saga has turned into one prolonged war of attrition. I don’t know what toll this is taking on the accused, but the accusers seem to be plenty distraught. On her January 14 post, Dassi Erlich reports “We are exhausted” from the other side screaming and yelling. And on December 11, 2019, she revealed how the court dates affect her blood pressure.

But I am certain it will all be worthwhile in the end. You know what they say about wars, especially wars of attrition: War does not determine who’s right. It only determines who’s left!

Now, how do I know everything that I am writing about?

I am obviously following this case very closely. As new things happen, there are articles popping up in the mainstream Israeli tabloids including JPost, YNet, Haaretz, Arutz7, and, of course Times of Israel, which seems to have an affiliation with the Australian New Age. But of course, the main outlet of information, which usually displays links to the tabloid articles, is Dassi Erlich’s dedicated Facebook page: Beyond a Survivor (BringLeiferBack).

This Facebook page has been in operation since at least March of 2017. While, on the one hand it is a source of information and a forum of support, on the other hand it is a hotbed of animosity, Lashon Hara (at best) and Motzi Shem Ra (at worst).

The legend tells us that when Rabbi Akiva was molested confronted by the beautiful wife of Tinius Rufus, his response was to simultaneously spit [in disgust], to cry and to laugh. We understand that there was something disgusting about the situation, something pathetic, and something amusing. (For specifics, see Ran in Nedarim 50b.)

Whenever I check the BringLeiferBack page, I feel the same way – like I need to spit in disgust, to cry, and to laugh.

The Torah sources that I referenced earlier in this post reveal the “word of G-d” in this matter. G-d does not want any Jewish people extradited from Israel to Australia. It does not matter what they may have done when they were there twelve years ago, no Jew – saint or sinner ­‑ may be forcibly sent out of His land. He likewise does not want any Jews to languish in prison and He is not interested in having his Holy Name desecrated by people who want to act against His will.

In addition to this, appealing to Australian high officials to intervene is not something that is good for the Jews. The Mishna in Avos (2:3) tells us:

Beware of the authorities. They do not bring people close to them except for their own purposes. They appear as friends when they can benefit, but they will not help at a time of need.

This applies even to when we want them to help us do things that HKBH may approve of. How much more if they appeal to non-Jews to help them accomplish things that HKBH does not approve of.

So, getting back to Dassi Erlich’s Facebook page, I noted that it makes we feel like I want to spit, cry, and laugh.

Firstly, to spit in disgust when I see that a Facebook page dedicated to extraditing a Jew out of Eretz Yisrael and being moser her to the Australian authorities is even in existence. No less, created and maintained by other Jews, at least one of whom claims to be religious.

As far as crying, there is so much to cry about. Firstly, all of the above. I cry for the chillul Hashem and for all the senseless damage that is being done for no good reason. But perhaps, the saddest thing is to see all of those Jews who support this campaign and realize how disconnected they are to the teachings of our Torah and true Yiddishkeit.

Lastly, it is quite amusing to watch the irony of it all. To see people crying and lamenting that the extradition that should [not] be happening is, thus far, not happening and that a judicial defense system which is geared to protect people from gratuitous prosecution is, in fact, thus far succeeding in protecting people from gratuitous prosecution. Likewise, to see people, with the cry of “justice”, openly advocating measures of subverting the procedures of due process of law to get the result they want.

These people are totally oblivious to the idea that if their subversion of due process makes headway and the genie is let out of the bottle, there is nothing to prevent themselves from becoming its next victim. In short, when one builds a 50-cubit gallows for somebody else, there is no telling who will swing on it. The gallows isn’t picky.

As always, HKBH is having the last laugh. And I am laughing along.

I am not a big Facebook person. Facebook is not for Bnei Torah. Okay, I did create an Achas L'Maala page to post links to my blog. Outside of that, the only reason I have a Facebook account is because there are situations (such as this) when I want to access someone else's Facebook page and I couldn’t do that without an account.

As for the BringLeiferBack Facebook page, there were occasions a while ago when I tried to post some comments in an effort to quell the lynch mob mentality. It wasn’t long before I was blocked from commenting. So, what I want to do now is to copy down some of the juicier comments from some of the most recent posts and to add my own comments in line with my “chareidi” perspective.



Post from February 21, 2020

On Feb. 21, Dassi informed us that one of the sisters, Nicole Meyer, is planning to come to Israel for the hearings scheduled for Feb. 26 and 27.

To follow are just a few of the comments with "replies" of my own:

Jodi Levy 26th is rosh chodesh Adar. Adar is the month that is endowed with special mazal and transformation. May it be your month! 

Yechezkel H I wrote quite a lot about chodesh Adar and how it relates to this episode in this post. As far as the “special mazal” is concerned, the Shulchan Aruch tells us that if we have a litigation with a non-Jew, Adar is an auspicious month for holding it because, in this month, the “mazal” gives us a special favor over the non-Jews. Unfortunately, it won’t work when a Jew is battling another Jew.

This comment highlights the abhorrent lynch mob attitude that Malka Leifer – who at least keeps mitzvos – does not have the status of a Jew. Ironically, since it is only Mrs. Leifer who is having a “judgement” against non-Jews. The “mazal” of Adar may actually turn it into Mrs. Leifer’s auspicious month.

Betsy Littmann Adar is a mazeldicka month. May it be for u. May justice be served. Praying!!

Yechezkel H Again with the Adar as a “mazeldicka month”. Hello! Mrs. Leifer is just as Jewish! She’ll have just as much mazal. She also has the advantage of being the one who is being persecuted at this stage, so she has the advantage of האלקים מבקש את הנרדף[ת].

What I found amusing was the last word – “Praying!!” Excuse me, but to Whom exactly are you praying and are you sure that He really wants what you are praying for?

Leif Schipper Hashem will ensure justice is served.....your determination and unwavering actions are to be blessed x

Yechezkel H Looks like I have competition in the prophecy business. I wonder which one of us is the navi emess and which one is the navi sheker (hint – refer to what Yeshaya said about hearing the Word of G-d.) In truth, I also believe that justice will be served. I am not as convinced that their “determination and unwavering actions are to be blessed” because, in my opinion, they are causing and perpetuating a horrific chillul Hashem as indicated above.

Posts from Feb 18, 2020

On February 18, 2020, Dassi Erlich posted two posts to lament about a ruling by Judge Lomp that will allow the defense to recall their witnesses to rebut the findings of the new independent panel. Dassi calls this “unprecedented”.

I am not a legal expert, but I have conducted civil litigation and I have my doubts.

The way things work is that the plaintiff or prosecution has to call all of their witnesses first and then “rest” (just like in the US). Thereupon, the defense can call all the witnesses they need to controvert the case of the plaintiff. If the plaintiff or prosecution is, for some reason, granted the right to enter more evidence (e.g., from an “independent” panel) after the defense has had their say, there is no reason that the defense cannot call whatever witnesses they need to deal with it. Why should it matter if these witnesses testified earlier? They are now here to address new evidence.

Regardless, Dassi and her followers thought that this is outrageous and let it be known.

Here are some of the comments that were posted in the earlier of the two posts – with my added comments:



Mary Rockman Koorey who can you find to override Judge Lomp?

Yechezkel H Ah, that’s the ticket. Override the judge!

A final ruling of a judge can be appealed. But, usually, it can only be appealed by the defense and not by the prosecution. Moreover, I highly doubt that any procedural ruling can be appealed or overturned in any case. Hence, I have a strong feeling that Ms. Koorey is not calling for a legitimate legal motion but, rather, some way of circumventing true “justice” and seeing to it that the accused is sent to the chair regardless if they are guilty.

This comment was replied to as follows:

Ruth Cohen Harif Heavenly lightning to strike the stinking court and destroy it. I pray for that daily, I live in Israel and our legal system is a source of great pain and misery to us here all the time. This is not just about this particular case, it is always disgusting.

Yechezkel H What a great idea! I actually have a hard time with this comment because I agree with most of what she says about the Israeli legal system. And perhaps it could use a good dose of “Heavenly lightning”. 

That said, I would only expect “Heavenly lightning” to strike at a time when the court does not concur with the will of Heaven. As I have noted, I do not believe that this is the case here. Ms. Harif claims that she “prays for that daily”. Does she mean that she is praying for the Israeli legal system to be replaced by the Word of G-d (Halacha) so that Mrs. Leifer will get duly extradited to the kangaroos in Australia? Why am I skeptical about this?

Later on:

Yael Diakoumis Isn't there anybody higher up? Someone to [to] whom Judge Lomp should explain herself?

Yechezkel H How high up did you want to go?

The above comment was replied by:

Ruth Cohen Harif Our powerful elites fear no God and feel they are invincible. we need to drain the swamp. God help us we in Israel have no decent legal system at all,

Yechezkel H Clearly, Ms. Harif is a very religious woman who wants nothing more than for all of us to obey the will of G-d.

Dassi Erlich; Beyond a Survivor Mike Zu I've had many tell me they have dropped their support for Israel over this case. It's sad that its had to come to this.

Yechezkel H It hasn’t had to come to this. It has come to this because Dassi and her sisters are pushing for it no matter what the cost.

The sad fact is that this and the recent strained relations between the Israeli and Australian governments are the collateral damage from this senseless and counterproductive extradition campaign. And who is accountable for this damage?

This is not the responsibility of the accused for what she may have done 12-15 years ago. It is the responsibility of those who created, maintain, and support this costly campaign here and now. It is they who will have to answer for this damage.

Abe N Sally Cyprys A chillul hashem. Someone is pulling some very strong strings.

Yechezkel H My feeling is that the One who is pulling some very strong strings is the One whose name is being desecrated by those who think otherwise.

I’ll call it quits here, but there is plenty more. I just want to summarize that this post and the other post from this date are totally saturated with comments again and again blaming the “corrupt” legal system, Bibi, and of course Litzman together with all the chareidim for the phantom extradition that is not happening fast enough for them. Oh, and every single one of them knows without a shadow of a doubt that Mrs. Leifer is guilty as charged and not fit to exist on this planet of “theirs”.

Nobody, but nobody, seems to blame HKBH. Especially those who claim to pray to Him. It’s not Him! It’s just the crooked judges and politicians and, of course, the chareidim. If G-d had His way, she would have been extradited to Australia long ago and would now be rotting there in jail for eternity.

If only G-d had His way… 

I don’t know whether to laugh or to cry.

שמְעוּ דְּבַר ה' הַחֲרֵדִים אֶל דְּבָרוֹ אָמְרוּ אֲחֵיכֶם שֹׂנְאֵיכֶם מְנַדֵּיכֶם לְמַעַן שְׁמִי יִכְבַּד ה' וְנִרְאֶה בְשִׂמְחַתְכֶם וְהֵם יֵבֹשׁוּ.

Related posts:

Mishenichnas ADAR Marbim b’… Rechilus?

Flirting with Danger

Dassi’s Lament: The Pitfalls of Vengeance

Arrur Makka Re’eyhu B’Galui – The “Gift” of Sharing

We all know that the Internet can be a very dangerous place. Fortunate is the Jew who has no need for it and can stay far away. This post is for the rest of us.

In past writings, I have referred to the Internet as one of many Parah Adumahs. Parah Adumah is a euphemism for something that can be both very helpful and very harmful. ימין מקרב ושמאל דוחה. In theory, the Internet is a very useful, if not indispensable, tool. I think we can itemize the functions of the Internet into four basic “elements” (i.e., categories):

·         News and Information – Online newspapers and magazines, weather, online encyclopedias and dictionaries, translation utilities, currency exchange, etc.

·         Communication - Email, SMS, Chat, Messenger, Twitter, VoIP, Skype, etc.

·         Online Marketing and Commerce – Online retailers (eBay, Amazon), travel services, banks and financial services, advertising and fund raising, etc.

·         Entertainment and Gaming – Lots of worthless, time-wasting (and naughty) stuff.

Basically, the fourth category is where the major problems are. If not for this group, we wouldn't need all of those filters and Rabbinic sanctions. The other sections are very useful when we need them.

You may have noticed that I made no mention of social media. I don’t see social media as a fundamental element but rather as a compound comprising the above elements. Social media is merely a portal by which to access one or more of the above functions.

Thus, YouTube would be seen as a cross between News and Information – since many of the clips are how-tos, newscasts, interviews and documentaries – and Entertainment. Serious blogs and podcasts would go primarily into the News and Information category, but some may be commercial (Online Marketing and Commerce) or they could be dedicated to humor or sleaze (Entertainment) and, if there is interactive commenting, then some Communication is involved, as well. Chat forums are primarily Communication but the theme of the forum links it to at least one of the other elemental categories.

And, at last, we arrive at the social networking sites which are totally dominated by Facebook. Facebook has it all.

It has always been possible for anybody to upload whatever they want onto the Internet, but before sites like My Space or Facebook and Twitter came around, one needed to be computer literate to some extent. Even to manage a blog, and certainly a podcast, one needs to know what they are doing. So blogs and podcasts are used by people who have some level of intelligence and with it they may also have some common sense and, with that, comes the capacity to determine what should and shouldn’t be written in public.

Not so Facebook, Twitter, chat rooms and forums, and the like. These are designed expressly for the המון עם – the “man in the street” – אשר לא ידע בין ימינו לשמאלו ובהמה רבה. One need not have more than a third-grade education and a kindergarten mentality to post on these sites.

In some previous posts, I mentioned that posting opinionated material onto the internet in any forum can be risky business. This is both from a Halachic perspective and from a legal one. In terms of Halacha, in today’s world we live in an honor system. Even if it counts as bona fide Lashon Hara or, even worse, Motzi shem rah, there is not much anybody can do to you…in this world.

From a personal standpoint, I must admit that I put a lot of weight on the well-known Chazal that says (Erachin 16a): כל מילתא דמיתאמרי באפי תלתא לית בה משום לישנא בישא. Any thing that was said in the presence of three people, there is no longer an issue of lashon hara [to relay this]. And why?

The gemara explains that this is because your friend has a friend and his friend has a friend. Word gets around.

Social networking!

Hence, I try as best I can only to discuss material that is already exposed on the same forum that I use (i.e., the Internet). If there is something that I happen to know but is not already public knowledge, I will not reveal it unless there is an important reason to do so.

All this is the halachic perspective. But there is also a secular legal world with secular courts that can call one to task for posting defamatory and/or damaging material. As I wrote in this post, it is quite advisable to know the rules. The interesting thing is that the rules are constantly changing.

Over the past decade, there have been copious news articles discussing an upsurge of defamation suits that are due to social media. Facebook has been sued all over the world zillions of times. Courts are being overwhelmed with defamation cases and many lawyers are taking it on as a specialty. It has become an industry unto itself.

As of late, it has only gotten worse. This is because most of the recent rulings have expanded the scope of “actionable” defamation scenarios as opposed to reducing it. The more types of communication that can be considered legally “actionable”, the more legal action there will be. This will certainly keep the courts and many lawyers very, very busy.

It appears that many courts in the westernized world do not want to concur with the gemara in Erachin that states that once three or more people already know the sordid facts, there can no longer be claims of defamation. It looks like the opposite is true. The more people who “spread the wealth” (or sling the mud), the more who are liable to be sued (and thus forfeit their “wealth”).

Noam Schreiber, a Jerusalem based attorney who specializes in defamation cases, maintains a blog that “lays down the law”. He calls his blog Ohev Yamim. Recent posts of his have covered a number of methods of disseminating defamatory material.

The first question is, if somebody merely clicks a “Like” button on a defamatory post, would this make the user who “liked’ an accessory to the defamation?

On this question, the Israeli court ruled that this is not sufficient to claim defamation. The basic reasoning is that “Liking” a post does not spread the defamation so the one who clicked cannot be seen as a “distributor” (and he is certainly not the “publisher”).

But what if you “share” a defamatory post on to your page that was written by somebody else and originally posted elsewhere?

A ruling issued by the Israel Supreme Court on January 8, 2020 upheld a district court ruling that the one who “shares” is considered a “distributor” of defamatory material and can be held liable for it as if he is the “publisher”. This is despite the fact that the material is already on display somewhere else in the Internet. Apparently, the court did not acknowledge the gemara in Erachin 16a.

Uh-oh!

Now, how about this: If Dave is running a Facebook site (or a blog or something similar) and he doesn’t write anything that is by itself defamatory. But now Sol comes and writes in the comments section on Dave's page something that is clearly defamatory, can Dave be sued for hosting the material? Can he be called a “publisher” and/or “distributor”?

This question has been adjudicated in a number of places throughout the world. Both in Canada and in, of all places, Australia, there have been recent high-profile rulings that assess liability to the host of the site. Until very recently, there had not been a documented ruling here in Israel.

This may have changed as, on February 7, 2020, the Petach Tikva Magistrate Court ruled that a majority shareholder of a company was liable for defamatory comments that were posted by other people on the company’s Facebook page. Though it’s not clear whether he personally managed the Facebook page, since he had the authority to take down the material and he was named a defendant in the suit, the court found him liable.

This case could yet be appealed but it is a current precedent. The implication from Mr. Schreiber is that there are other cases of this “third party” complaint currently being litigated in Israeli courts.

All told, with the Corona virus going around, we learn that “sharing” is not always a good thing. 

The word “gift” is a funny word. In English it means “a present”. This is something beneficial. But in German and Yiddish it means “poison”. This is something quite harmful. When you “share” on Facebook or on any Internet site that is yours, make sure you are sharing a gift (English) and not a gift (Yiddish).

But, even more, if you run an opinionated blog like I do or a chat forum or a Facebook page dedicated to tracking the status or activities of other folks, and your blog/forum/Facebook page is open to comments from outside people, it is not enough to make sure that what you write yourself is done in “good faith”. You must make sure that what other people post on your site is strictly Kosher. Because you are responsible for it. Especially if it looks like you inspired it and agree with it.

Maybe I should thank G-d that hardly anybody comments on my blog site instead of complaining about it. I have seen quite few well meaning blogs and Facebook pages and not to mention some malicious ones that are lawsuits waiting to happen.

Most of the time these comments are not written by one's “enemies”. They are written by one's friends. You know what they say: Keep your enemies close and your friends closer.

The ogmas nefesh (grief) that you save may be your own!