Daas Torah - Issues of Jewish Identity: Sheldon Silver, New York

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Tuesday, 2 September 2014

Seminary Scandal: Harry Maryles fails to get his facts and halacha straight before he pontificates

Posted on 12:22 by viju
While it is true that I said that it is time to move on in dealing with the Seminary scandal, Harry Maryles just posted an article attacking me that is so full of false analogies and distorted facts that I can't ignore it. Harry Maryles demands justice - but so does the IBD and myself. What is it that Harry doesn't understand? Because I respect Harry as a sincere person I will try explaining the facts one more time - in clear style with my point repeated a couple times - and hopefully this time he will understand.

First of all my statement that is was time to end the discussion of this scandal and get on with life is simple a recognition that the discussion has become repetition, shrill and is not accomplishing anything. It is not, contrary to Harry Maryles, comparable to Hillary Clinton's attempt to avoid facing facts and cover up events - before facts were known. That should be obvious to anybody who has read my many posts on the subjects and the comments that I have spent countless hours responding to all type of questions and criticism. That is called a cover up? Ridiculous!

Secondly it is elementary that a judge needs to pasken on the information he has been presented. When no new information is forthcoming the judge needs to make a decision based on the available evidence. This doesn't mean that he refuses to consider information that comes later. The Sanhedrin, acknowledging the possibility of error even in capital cases, even after they sentenced someone to death - still remained open to the possibility that new information would exonerate the one found guilty. They set up a communication system - that could stop his execution up to the last instant. Would Harry Maryles claim that the Sanhedrin was acting like Hillary Clinton because they said that they needed to arrive at a pask after no new information was forthcoming ?!

Thirdly a stalemate had developed in the situation between the CBD and IBD. The IBD requested the information that CBD had collected and the CBD refused.  The CBD issued a advisory not to go to the seminaries because they claimed some staff was complicit - but at the same time they refused the IBD's request to see the information needed to pasken whether  in fact any staff was complicit. The CBD has no ability to resolve this issue because the seminaries have signed a shtar with the IBD. (The CBD is in America and the seminaries are in Israel.That is why the CBD asked the IBD to take the case.) The seminaries thus could not clear their names according to the demands of the CBD but the CBD did not have the authority or ability to fire staff they claim had to go.

Contrary to Harry Maryles repeated claims, the IBD is not letting the seminaries go ahead knowing that there was staff that enabled  Meisels misdeeds. The CBD has not produced the evidence they claim incriminates some staff members. At this point, the IBD says the CBD lacks credibility. A beis din can only act on evidence that it has. Unsubstantiated claims of evidence that are not produced despite repeated requests - does not influence the judgment of beis din. Elementary rule of beis din.

Thus the CBD was holding the seminaries and the students hostage unless they were given total control. The seminaries and the IBD refused. Finally the stalemate was broken by the letter from the 5 American gedolim - including Rav Levine - who is a member of the CBD. The message was clear. Based on their intimate knowledge of the situation they declared - contrary to the CBD - that the seminaries were fine places to learn and safe. They added a Vaad hachinuch and Reb Birnbaum as overall director for added protection beyond what other seminaries have.

Again contrary to Harry Maryles' faulty understanding - this is no way comparable to Hillary Clinton's cover up. This was a move taken by 5 gedolim after careful consideration - that it was time to get on with life. His criticism of me is misplaced. I was simply reporting the message that is inherent in the letter of these gedolim. Harry doesn't like this or understand it because he is so committed to the CBD that anything against them has to be a signs of corruption, moral blindness or maybe plain stupidity. 
 Harry Maryles is wrong!

Until the CBD has produced evidence that the staff were Meisels enablers - these 5 gedolim are supporting the view of the  IBD  that the seminaries are safe. They are saying the CBD can not hold the seminaries hostage for their own selfish purposes. 

 I am capitalizing the following statement because Harry Maryles seems to have problem reading.  As I have stated this idea a number of times already in different posts.

 IF AND WHEN THE CBD PRODUCES EVIDENCE THAT THERE WERE ENABLERS AMONGST THE STAFF - THEY WILL BE FIRED IF THE ALLEGATIONS ARE CONFIRMED BY THE  ISRAELI BEIS DIN. FURTHERMORE IF AND WHEN EVIDENCE COMES FROM OTHERS SOURCES REGARDING THE STAFF OR VICTIMS - IT WILL BE EXAMINED CAREFULLY AND ACTED UPON ACCORDING TO THE HALACHA.

Contrary to Harry Maryles, this is not a cover up to save the jobs of kollel couples, it is not a cover up to prevent embarrassing the frum community, it is not a cover up for the sake of shidduchin - IT IS SIMPLY NOT A COVERUP BUT ELEMENTARY HALACHA!

Harry I think it is time that you move on from the rut you are in with your mistaken views that are based on your intense loyalty to the CBD.
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