Sabbath sermon by Rabbi Feitel Levin of Brighton Hebrew Congregation
21 February 2015
In this week’s Parsha we read about the construction of the very first Jewish Shule and house of learning, the Sanctuary built in the desert by our forefathers.
We read how it was to be built on silver foundations, bedecked with gold, and covered with precious cloths. The structure was a feast for the eyes, but more importantly a place to nourish the soul. This was where our people drew inspiration to worship G-d, and to act with goodness to one’s fellow human beings.
That Sanctuary constructed thousands of years ago was the prototype for all Shules and houses of Jewish learning through our long history and till our times. Our shules and houses of learnings are ideally places from where we emerge spiritually nurtured and inspired.
Sadly, I need not tell you that one of the most significant shules and houses of learnings in our city – an institution that has catered for the spiritual needs of thousands over decades, and indeed has provided infrastructure, leadership and inspiration for many other communities – and a sister organisation in Sydney – have recently lost much of their lustre; an understatement if there ever was one.
Innocent children have been molested. And the leadership’s response has been considerably deficient, and at times shocking. Indeed, some prominent individuals have gone on to further disgrace our community before no less than a Royal Commission, not to mention the media.
Until today, I have not spoken about this matter. For four reasons: First, it seemed that the matter was finally being addressed, with all the dirty linen exposed, by the Royal Comission, and that willy nilly their recommendations for improvement will be implemented.
Second, it appeared that our community’s revulsion at these alarming revelations would further drive the wheels of change. Indeed, at least one leader who has done much for the community, including specifically for victims of abuse, resigned from many prestigious community positions within days of making improper, out of character, remarks. Further, one rabbi has been delisted from being a Chabad emissary, something I have never heard done before.
Third, the official spokespersons for the Rabbinical Council of Victoria, of which I am a member, have made it abundantly clear over the past few years that according to Jewish law all sexual abuse must be reported to the police.
And finally, our sacred literature talks of a grave sin, a sin which makes one lose their share in the afterlife: earning kovod at the expense of another person’s disgrace. I would not make derogatory remarks about others only so that I should look good. (Obviously, I am not implying that this is what other rabbis who have spoken out earlier than I have been doing.)
But it now appears that my silence on this matter may be adding to the confusion as to where the Halacha stands, so I will make some comments. I will refer to four Halachic categories that have been widely cited: repentance, mesira, rodef and lashon hara. I will translate as we move along.
Repentance
1. I was particularly alerted by the remarks of one witness that since years have gone by and the molester has not reoffended, they should be treated leniently. Now it is true that one often hears that secular courts lessen sentences because the perpetrator has been substantially reformed. But in Halacha, this has no real place, for two reasons:
a. Tshuva, or repentance, includes three main parts, and often a fourth. And here there are considerable questions about the third and fourth elements. The first part of Tshuva is regretting the past, the second is a firm commitment not to reoffend, to the point that G-d Himself would accept this to be the case. Third, vocalising a confession of the sin committed, much as we do on Yom Kippur. This is my first point: I have not heard that this third cathartic part of tshuva was ever adequately undertaken. (I stand to be corrected; if it was undertaken I apologise.)
b. And now, the fourth part. When a person commits a sin towards G-d, the three parts mentioned suffice. But when a person sins towards another human being, the victim must be asked to forgive and such forgiveness must be forthcoming before repentance is attained. Twenty thirty years, including twenty thirty Yom Kippurs’ achieve no absolution whatsoever so long as the victim is still hurting, and the perpetrator has not facilitated his/her healing by an open and meaningful apology and has obtained the victim’s choice to accept that apology.
2. When Jewish courts in antiquity meted out punishment for crimes, a criminal could have completely repented, both towards G-d and his fellow human, he could have been reformed into a genuine Tsaddik in the eyes of both G-d and human. Halacha would state that G-d has forgiven and G-d would not punish. But nevertheless the court was duty-bound to carry out any penalty the crime warranted, even the death penalty on the very rare occasions this was enlisted.
Today’s secular legal systems are lighter on criminals. If the criminal is truly reformed, the sentence might well be mitigated. But this too warrants a thorough process of regret, apology, mediation, and forgiveness. But as said, in Jewish law this would not be the case, the punishment would be meted out in full.
Mesira - informing
And now a word on the prohibition on mesira, or informing, and the Halachic right to even kill a moser, an informer, which have been very much in focus.
Let me tell you about mesira. In pre-war U.S.S.R. Stalin’s henchmen tried to obtain information about clandestine Jewish activities – prayer or study gatherings, cheders, circumcisions etc. – and about the individuals involved.
So the N.K.V.D. (the forerunner of the KGB), arrested various pious Jews and pressured them with threats and harsh physical torture to make them denounce their brethren. Most withstood the pressure.
But there was one man, named Dovid Itche, who collapsed under this terrible treatment.
Dovid Itche had previously been a respected pious individual. So when Dovid Itche came to a town it was an occasion to hold a clandestine farbrengen (Chassidic inspirational gathering).
But now, Dovid Itche would come to a town, a secret farbrengen would be held – and within days all the attendees would be arrested. As I understand it, some were sent to harsh labour in Siberia and some even shot. No-one would have suspected that it was pious Dovid Itche’s doing.
Dovid Itche moved on to another town, and then another, and the story repeated itself again and again. Until eventually people realised what was going on.
I don’t know what eventually happened to Dovid Itche. Possibly, once the Stalin”s henchmen no longer needed him they, characteristically did away with him.
Dovid Itche was a moser!
But as the Rabbinical Council has said time and again the opprobrium of moser and mesira do not apply to people who report sexual abuse; that all such abuse must be reported to the police.
Rodef
There is another, related, Jewish law that evokes killing a person: the law of Rodef. A person who is in hot pursuit of another to kill him or her must be stopped even if it must involve shooting and killing the attacker, the Rodef, if there is no other way to stop him.
According to Halacha the same applies to a person about to commit a sexual crime.
Lashon Hara
And a final point: our heritage is very concerned about improper speech. Gossip is prohibited, even if every word that is spoken is neither negative nor untrue. Worse is Loshon Horo, where what is said is true but negative.
There was a great Rabbi known as the Chofetz Chaim who wrote extensively about Lashon Hara. But even he chose to remind us in his writings that there is also a Torah prohibition “Thou shalt not stand by thy brother’s blood.” Where another person’ blood is in danger – and as said the Torah compares sexual crimes to murder – the prohibitions on bad speech do not imply at all, there is an obligation to speak.
*
I conclude with a prayer that the victims of the abuse may now experience some healing; that those – in different roles – who need to perform Teshuva, of one kind or another, will do so very soon; that such horrible crimes will never again be committed; and that should they G-d forbid be permitted, they shall be dealt with promptly and appropriately.
I also pray that I should be spared in the future the need to speak badly about others, and be able to see only good in others, and reserve criticism solely for my own many imperfections.
We read how it was to be built on silver foundations, bedecked with gold, and covered with precious cloths. The structure was a feast for the eyes, but more importantly a place to nourish the soul. This was where our people drew inspiration to worship G-d, and to act with goodness to one’s fellow human beings.
That Sanctuary constructed thousands of years ago was the prototype for all Shules and houses of Jewish learning through our long history and till our times. Our shules and houses of learnings are ideally places from where we emerge spiritually nurtured and inspired.
Sadly, I need not tell you that one of the most significant shules and houses of learnings in our city – an institution that has catered for the spiritual needs of thousands over decades, and indeed has provided infrastructure, leadership and inspiration for many other communities – and a sister organisation in Sydney – have recently lost much of their lustre; an understatement if there ever was one.
Innocent children have been molested. And the leadership’s response has been considerably deficient, and at times shocking. Indeed, some prominent individuals have gone on to further disgrace our community before no less than a Royal Commission, not to mention the media.
Until today, I have not spoken about this matter. For four reasons: First, it seemed that the matter was finally being addressed, with all the dirty linen exposed, by the Royal Comission, and that willy nilly their recommendations for improvement will be implemented.
Second, it appeared that our community’s revulsion at these alarming revelations would further drive the wheels of change. Indeed, at least one leader who has done much for the community, including specifically for victims of abuse, resigned from many prestigious community positions within days of making improper, out of character, remarks. Further, one rabbi has been delisted from being a Chabad emissary, something I have never heard done before.
Third, the official spokespersons for the Rabbinical Council of Victoria, of which I am a member, have made it abundantly clear over the past few years that according to Jewish law all sexual abuse must be reported to the police.
And finally, our sacred literature talks of a grave sin, a sin which makes one lose their share in the afterlife: earning kovod at the expense of another person’s disgrace. I would not make derogatory remarks about others only so that I should look good. (Obviously, I am not implying that this is what other rabbis who have spoken out earlier than I have been doing.)
But it now appears that my silence on this matter may be adding to the confusion as to where the Halacha stands, so I will make some comments. I will refer to four Halachic categories that have been widely cited: repentance, mesira, rodef and lashon hara. I will translate as we move along.
Repentance
1. I was particularly alerted by the remarks of one witness that since years have gone by and the molester has not reoffended, they should be treated leniently. Now it is true that one often hears that secular courts lessen sentences because the perpetrator has been substantially reformed. But in Halacha, this has no real place, for two reasons:
a. Tshuva, or repentance, includes three main parts, and often a fourth. And here there are considerable questions about the third and fourth elements. The first part of Tshuva is regretting the past, the second is a firm commitment not to reoffend, to the point that G-d Himself would accept this to be the case. Third, vocalising a confession of the sin committed, much as we do on Yom Kippur. This is my first point: I have not heard that this third cathartic part of tshuva was ever adequately undertaken. (I stand to be corrected; if it was undertaken I apologise.)
b. And now, the fourth part. When a person commits a sin towards G-d, the three parts mentioned suffice. But when a person sins towards another human being, the victim must be asked to forgive and such forgiveness must be forthcoming before repentance is attained. Twenty thirty years, including twenty thirty Yom Kippurs’ achieve no absolution whatsoever so long as the victim is still hurting, and the perpetrator has not facilitated his/her healing by an open and meaningful apology and has obtained the victim’s choice to accept that apology.
2. When Jewish courts in antiquity meted out punishment for crimes, a criminal could have completely repented, both towards G-d and his fellow human, he could have been reformed into a genuine Tsaddik in the eyes of both G-d and human. Halacha would state that G-d has forgiven and G-d would not punish. But nevertheless the court was duty-bound to carry out any penalty the crime warranted, even the death penalty on the very rare occasions this was enlisted.
Today’s secular legal systems are lighter on criminals. If the criminal is truly reformed, the sentence might well be mitigated. But this too warrants a thorough process of regret, apology, mediation, and forgiveness. But as said, in Jewish law this would not be the case, the punishment would be meted out in full.
Mesira - informing
And now a word on the prohibition on mesira, or informing, and the Halachic right to even kill a moser, an informer, which have been very much in focus.
Let me tell you about mesira. In pre-war U.S.S.R. Stalin’s henchmen tried to obtain information about clandestine Jewish activities – prayer or study gatherings, cheders, circumcisions etc. – and about the individuals involved.
So the N.K.V.D. (the forerunner of the KGB), arrested various pious Jews and pressured them with threats and harsh physical torture to make them denounce their brethren. Most withstood the pressure.
But there was one man, named Dovid Itche, who collapsed under this terrible treatment.
Dovid Itche had previously been a respected pious individual. So when Dovid Itche came to a town it was an occasion to hold a clandestine farbrengen (Chassidic inspirational gathering).
But now, Dovid Itche would come to a town, a secret farbrengen would be held – and within days all the attendees would be arrested. As I understand it, some were sent to harsh labour in Siberia and some even shot. No-one would have suspected that it was pious Dovid Itche’s doing.
Dovid Itche moved on to another town, and then another, and the story repeated itself again and again. Until eventually people realised what was going on.
I don’t know what eventually happened to Dovid Itche. Possibly, once the Stalin”s henchmen no longer needed him they, characteristically did away with him.
Dovid Itche was a moser!
But as the Rabbinical Council has said time and again the opprobrium of moser and mesira do not apply to people who report sexual abuse; that all such abuse must be reported to the police.
Rodef
There is another, related, Jewish law that evokes killing a person: the law of Rodef. A person who is in hot pursuit of another to kill him or her must be stopped even if it must involve shooting and killing the attacker, the Rodef, if there is no other way to stop him.
According to Halacha the same applies to a person about to commit a sexual crime.
Lashon Hara
And a final point: our heritage is very concerned about improper speech. Gossip is prohibited, even if every word that is spoken is neither negative nor untrue. Worse is Loshon Horo, where what is said is true but negative.
There was a great Rabbi known as the Chofetz Chaim who wrote extensively about Lashon Hara. But even he chose to remind us in his writings that there is also a Torah prohibition “Thou shalt not stand by thy brother’s blood.” Where another person’ blood is in danger – and as said the Torah compares sexual crimes to murder – the prohibitions on bad speech do not imply at all, there is an obligation to speak.
*
I conclude with a prayer that the victims of the abuse may now experience some healing; that those – in different roles – who need to perform Teshuva, of one kind or another, will do so very soon; that such horrible crimes will never again be committed; and that should they G-d forbid be permitted, they shall be dealt with promptly and appropriately.
I also pray that I should be spared in the future the need to speak badly about others, and be able to see only good in others, and reserve criticism solely for my own many imperfections.