Tendler Accuser Loses Appeal

The NY State Court of Appeals ruled that Rabbi Mordechai Tendler did not have a fiduciary duty to the woman he counseled. If Tendler were also an attorney or psychologist, the court said, this outcome could have been different.

What this means is clergy have no special relationship with or responsibility to those they counsel, as…

…Newsday reports:

NY's top court rejects woman's bid to sue rabbi
June 25, 2008

ALBANY, N.Y. - New York's top court on Wednesday rejected a woman's claim that her rabbi seduced her and so breached their special fiduciary, or trust, relationship.

The Court of Appeals concluded Adina Marmelstein failed to establish the "essential elements" of a fiduciary relationship _ meaning "de facto control and dominance" _ by Orthodox Rabbi Mordechai Tendler.

The New York City woman claimed Tendler talked her into having sex for more than three years while advising her on personal, legal and financial problems at the Kehillat New Hempstead, the synagogue she attended in Rockland County.

Judge Victoria Graffeo, who wrote the unanimous decision, said Marmelstein showed only that she was deceived by Tendler, not that she was so vulnerable that she lost her capacity to make her own decisions. She wrote that the case was premised on a sexual relationship "between consenting adults."

"Allegations that give rise to only a general clergy-congregant relationship that includes aspects of counseling do not generally impose a fiduciary obligation upon a cleric," Graffeo wrote. "A congregant must set forth facts and circumstances in the complaint demonstrating that the congregant became uniquely vulnerable and incapable of self-protection regarding the matter at issue."

But the court noted that a cleric who is also a licensed professional _ such as a psychiatrist, psychologist or attorney _ could be bound by such fiduciary obligations under existing law and the secular standards of those professions. The judges also noted there is "a critical difference" between Marmelstein's case and the viability of lawsuits against clerics for having sex with children or others incapable of consent.

According to Marmelstein, she began attending services at Tendler's synagogue in 1996, two years after she began to call him to discuss personal issues. He advised her on matters including her quest to find a husband, and said her "only hope" was to have sex with him to "open her up to the world" and become more attractive to men. The affair ended in 2005. She sued.

Lower courts rejected her claims of fraud, fiduciary responsibility and infliction of emotional distress, noting a 1935 state law prohibits suing seducers for monetary damages.

The Court of Appeals acknowledged "troubling" First Amendment implications in lawsuits alleging clergy misconduct where a judge would have to decide whether a cleric's actions followed religious doctrine. Graffeo wrote that Marmelstein avoided that issue and didn't claim Tendler's counseling was guided by religious beliefs.

Decision of NY State Court of Appeals.

Comments

[Anonymous]

The fat lady has sung. It's all over.

Say what you want.

Tendler has been vindicated.

Now it's time to go after the crazies.

It's time for the RCA to apologize.

And it's time for the bloggers to stop reading through imaginary lines (that exist only in their heads).

Bottom line: NOT GUILTY!

[Bitzy]

The ruling was not a NOT GUILTY, it still shows hes a scumbag, WHO WAS SLEEPING WITH OTHER WOMEN!!! He only said it was consensual, HES A MARRIED MAN!!

[alternative child care]

Well, cat's out of the bag now. Only licensed professionals are at risk of harrassment suits, so the coast is clear now for all Rabbis, Priests, etc to start hitting on their congregants.
Mordechai Gafni, you can re-emerge now, life is good again!

[Simon Rose]

Tendler's a scum bag no doubt about it and should be kicked out of the rabinate but we know it's really a good old boys club and they rather protect their own than do the right thing.

[Archie Bunker]

http://www.courtinfo.ca.gov/opinions/nonpub/H031130.PDF

[rabbidw]

Again, the facts of this case have never been heard in court. Rabbi Tendler's attourney would have been guilty of malpractice if he let the case go to cour, rather than rely on the motion to strike the complaint for failure to state a cause of action. What this motion says is that even if all the facts are as the plaintiff stated, the law does not allow for a recovery. Except under extraordinary circumstances, an adult in NY cannot be sued for seducing another adult. This case, even assuming the plaintiff was correct in fact, does not reach that extraordinary set of circumstances.
For a while I thought that Rabbi Tendler's attorney was doing him a disservice by not going to trial and letting him clear his name. Then I thought it over and realized there is no way to prove a negative, to prove that something did not happen. There are those who will believe the most unbelievable stories, that Lyndon Johnson had JFK assasinated, that Shimon Perez had Rabin assasinated, that Alger Hiss was not a Soviet spy, and they will continue with those beliefs until they die.
For those who are still open to argument, please look at her story. She did not say that he loved her, that he bought her presents and seduced her. She said that she was told that her only hope to find a husband was to sleep with her Rabbi. If that is true, then she is a freaking idiot who should be locked up for her own protection. No, I do not believe her. I believe that Rabbi Tendler is the victim of current socities rush to consider people guilty on accusations, before evidence. Remember the Marines that Cong. Murtha accused of the most atrocious atrocities? They have all been cleared. I haven't heard Murtha apologise. Remember the Duke Lacross team? All the press thought they were guilty, they had to be guilty for the sake of political correctness.
It suits a lot of people to find Rabbi Tendler guilty, despite the lack of evidence. Here he comes, from the most prominent of families, well educated in both secular and religious subjects, sympathetic to women's issues. If he could be guilty of such a crime, all Rabbis are suspect. My personal verdict is NOT GUILTY.
He has nothing to apologise for. I hope he sues the RCA.

[criticalmass]

I have no idea why the author of the previous feels so personally vindicated by the Tendler decision. That the plaintiff cannot sue for recovery does not bother me...I'm sick of people who are scorned by their lovers using the court system as means of extracting revenge.

During the preliminary hearing, Tendler's attorney said the following: "... Richard Bliss, said: "What we have here is consensual conduct. I don't think we should criminalize it."

If that is not an indirect admission of guilt- than what is? Tendler-the RABBI-had sex with this women. TENDLER-THE FATHER OF 8 KIDS- HAD SEX WITH THIS WOMEN. TENDLER-THE RABBI-THE SCION OF THE ILLUSTRIOUS TENDLER FAMILY-WHO DENIED EVERYTHING AND ANY THING- HAD SEX WITH THIS WOMEN.

Am I crazy, or have a made a wrong turn into the city of Chelm?

[rabbidw]

Yes, you are crazy. You refuse to understand the rules of a law suit. When an attorney argues for dismissal as a matter of law, he concedes, FOR THE SAKE OF THE MOTION ONLY, all facts alleged by the plaintiff. He says that what the plaintiff says does not matter as a matter of law. Neither Rabbi Tendler nor his attorney has conceded any misbehavior, sexual or other, with this plaintiff, or any other woman. These are the facts. If you want to choose to believe the plaintiffs story, despite its inate strangeness, feel free to do so, but do not think that Rabbi Tendler admitted misconduct. He did not.

[criticalmass]

Point taken: http://www.emediawire.com/releases/2008/6/emw1008324.htm

R. Tendler's attorney erred by making the statement I referred to, according to a statement issued by him.

I never said nor implied that Rabbi Tendler "admitted misconduct". I only based my case on the attorney's statement in court, not anything the Rabbi said.

Sorry to arouse your temper to the extent displayed in your posts. Why would the RCA dump a member of the illustrious Tendler family? Why did his shul do the same? Why did he make the claim that a group of Rabbi's in Monsey supported him in a private meeting, and the same group later denied having done so? We are talking about a broad spectrum of Orthodoxy throwing their respective yarmulka into the ring and not supporting the guy?

Do you, or anyone else really believe this is a multi pronged attack on him that has no basis in fact? The RCA didn't eject some unknown putz with a little shul in the middle of nowhere- they ruled against a member of an illustrious family of Rabbis.

I'm sure you are a champion of truth, justice, and the American way, but doesn't something smell just a little funny here? If I believed in conspiracy theories I would have a field day with this case. I have a hard time believing such a disparate group of Jews have organized themselves in a unified effort to get him-court rulings not withstanding.

[Yoni]

To paraphrase Menachem Begin z"l: "Yesh shoftim be-New York"!
Agree with rabbidw; the yenta sounds like a crazy bitch, a real piece of work...
Anyway, Tendler has been utterly cleared, and is owed a huge apology by a lotta folks...

[rabbidw]

When people make a mistake they tend to go to the opposite extreme and make the opposite mistake. They ignored Lander for years, when this came up, they were determined to show they had "learned there lesson". Davka because od who he was, they set up a Kangaroo court, not a beis din, never allowed him the opportynity to confront the witness/or witnesses, did not give him the opportunity to be heard, and immediately, like the red queen in Alice in wonderland reached a verdict before the facts were in. And yes, I know that Rabbi Tendler had one opportunity to be heard and did not show up. He was trying to arranfe procedural matters, and the one no show does not merit this rush to judment, as the Beis Din of Yerushalayim quickly proclaimed.

[uncle joe mccarthy]

so a clergy person, who is engaged in counseling is not held under the same standards as other counselors? so why in the world would anyone in their right mind go to a rav for anything other than halachic questions?

[Shmarya]

Please.

Multiple women all telling the same basic story, investigated and confirmed by the RCA.

All this trial did is again show that New York – which has no mandatory reporting law for clergy and private religious school teachers because of pressure from the Catholic Church and haredim – treats clergy abuse the same way.

If Tendler had been a lawyer or a psychologist rather than a rabbi, the case would have been heard.

But he was only a rabbi. So any abuse he may have carried out was no different in New York State law than anything a mechanic or a painter might do. In other words, simple seduction, not exploiting a position of power and profession.

One day soon those laws will change. Watch for it.

[rabbidw]

Only one of these women were willing to confront Rabbi Tendler and submit to cross examination. that is the one who brought this case. The others only spoke to the RCA's "investigator". The RCA did no independent investigation. At least one of these women was taken by supporters of his, to Rabbi Tendler's home and she said this was NOT the place. When she was shown Rabbi Tendler, she said this was NOT the person. Obviously, someone calling himself Rabbi Tendler gave Rabbi Tendler a bad name. For taking this woman around Monsey, Rabbi Tendler was accused of witness tampering. Is it any wonder that these women will not submit to cross examination?
So what you have is one woman who tells a story that on it's face, is incredible. If this story is true, she could be drinking kool=aid in the jungle and should be instituyionalized for her own protection. Then you have a group of women who will say anything, as long as they can stand anonymously and not be cross examined. And then you have the RCA, which, to show itself purged from the Lanner scandal, jumps in, to show it is not intimidated by big names and acts with no regard to halacha, or American due process, or elementary principles of fair play. I have been asked to join the RCA and I will not, because of their contemptable behavior.
This started because two women had a great need for attention. One is the plaintiff. The other runs a web-site and relies on contributions to make a living.
Doesn't anyone recognize the principle of the "big lie" any more?

[rabbidw]

I suggest some of you read Kafka, and/or THE CHILDREN'S HOUR by Lillian Hellman.

[Shmarya]

I suggest you realize that literally dozens of rabbis saw the evidence and voted against Tendler.

I'd also point out that Tendler has behaved horribly throughout this whole mess, as has his family.

Funny how you believe there was a Tendler impersonator causing all this trouble when are not just one or two but many women who clearly ID'd Tendler.

The RCA's "investigator," as you put it, was actually an investigative firm with many years of background in these types of cases. It has worked for many corporations and is very well respected.

To believe Tendler is innocent one must believe in conspiracy after conspiracy, involving Jews, non-Jews, frum Jews, frei Jews and law enforcement.

Process that.

[rabbidw]

Shmarya, I hope that when you learn the meaning of due process, it won't be from the wrong side of the courtroom. Repeat three times. "There is no evidence unless it has been crossexamined by the other side" That is not only civil law, it is also Halacha, so whoever signed off against Rabbi Tendler, did not do so in a capacity of Rabbi. And that includes you. Did you personally examine the witnesses, or see any physical evidence. In this day of DNA testing, and the famous stained dress, has anyone brought any physical evidence? Doesn't that raise some suspicions in itself? Can you PROVE that you don't sleep with barnyard animals? Neither can Rabbi Tendler. Is their any evidence that you sleep with barnyard animals? Yes, and it is about as reliable as that against Rabbi Tendler.
You are playing a heads I win, tails you lose game. If the court had found in favor of the Plaintiff, you would have trumpeted,RABBI TENDLER FOUND GUILTY, now that the court found in his favor, you attack him anyway, because of the way the motion MUST (by law) read. If you have evidence lets see it. No more anonymous allegations. They bare the same weight as My accusing you of sleeping with barnyard animals. But I do that, not for the truth of the matter, which I have no way of knowing, but to illustrate a point about evidence and the lack thereof. You do not seem to get the point as you continue on your vendetta.

[steve]

We're living in an age of vast conspiracies. It all started with the Monica Lewinsky case which according to Hillary Clinton, was a "vast right-wing conspiracy". Then came the Yudi Kolko conspiracy with people from different generations and walks of life, spanning parts of five decades, all accusing this wonderful,wonderful mechanech of being a child molester. Then came the Tendler conspiracies, where three members of a wonderful,wonderful rabbinic family have been accused of sexual impropriety by several women, again from different walks of life. However, without a doubt, the vastest conspiracy, the mother of all conspiracies, is the Rubashkin conspiracy. Here we have the U.S.Congress,USDA,FDA,ICE PETA,KAJ, YCT,and BBYO all in cahoots, inventing lie after lie for over a decade, planting evidence and falsifying records, putting out bogus 529 page reports, issuing fake health and safety violations, releasing doctored videos, all for the purpose of destroying this wonderful, wonderful corporation.

[Anonymous]

Funny how Shmarya just keeps repeating the old unproven allegations to keep in step with his masters in the cultic-blog movement.

How dare he look at the facts.

Better to keep repeating the unproven, outlandish, and outrageous.

That's why his blog is so popular.

Only thus could someone who is such a failure become - in his own mind - a success.

He obviously never picked up the phone to talk to Rabbi or Mrs Tendler. Hey, why confuse the facts.

Better to believe the words of a psycho who thought sleeping with her rabbi (in her words) was going to find her a partner.

This is from a person who had court orders keeping her away from Tendler's house.

Yeah, they found her in there taking a shower one day.

She would hang around his house and the shul.

His sin, dealing with compassion towards a crazy lady.

One blog published parts of the RCA report and was subjected to such ridicule that they had to take it down.

Like the lady who spoke to space aliens who just knew it was true.

Right.

Shmarya, you are in good company.

You know what they say about birds of a feather.

Are you still sleeping with farm animals?

[Archie Bunker]

Rabbi DW, are close to any members of the Tendler family? Tendler associates are the only ones left who still (falsely) proclaim Mordechai's "innocence".

I am no fan of Rabbi Bentzion Wosner but his responsa regarding the no less than 10 women who say they had sexual dalliances with Tendler proves according to halacha that Tendler is guilty. Not because Rabbi B.W. says so but because the Rishonim he quotes say so.

And what about Tendler's bizarre behavior throughout?

- Being meyached with married women in violation of halcha

- Telling the Monsey beis din and the general public delusional stories, including that a naked women in his shower had "broken into" his house

- Telling a Federal judge that Rabbi Yosef Blau "traveled to Ohio" to write "slanderous" comments about him on a blog. (He offered no evidence to back up this insane assertion)

And what do you do with the tape recordings and other physical evidence?

Did Hillary tell you this is a "vast conspiracy"? After all, Tendler was been expelled by YU and the RCA and condemned by yeshivish rabbis, Satmar rabbis and other chassidish rabbis.

[steve]

EXCERPTED FROM RABBI WOSNER'S PSAK:

This is in regard to an issue whereas numerous Rabbanim in our town (Monsey) have requested that I rule Halachicly, how to deal with a certain Rabbi, who deals with divorces, marriages and kashruth issues.

Unfortunately, there have been rumors about him for years that he has deliberately violated many Torah prohibitions, particularly involving immoral relations with women. To be sure that this was in fact truthful, I summoned and interviewed many men and women who reside in both New Hempstead and who reside outside of New Hempstead, and found all of this to be unfortunately true!

The women testified on his total disregard of Torah prohibitions. For example, he would meet women one on one, on the pretense that he wants to teach them Halachos and counsel them on the ways of life. Once he wins their confidence, he would, for example, forget to bring his book and ask the woman he was seeing if they could learn together using her book, thereby giving him the opportunity to move physically closer to her where they would eventually touch. He would ultimately hug the woman and subsequently perform other immoral acts that I have great difficulty putting to print!

Numerous Rabbis sat together and heard audio tapes, where this "Rabbi" attempts to seduce married (and unmarried) women (Hashem, please protect us). On one particular tape one can clearly hear a married woman begging the "Rabbi" to leave her alone.

Accordingly, the RCA had every right to oust this Rabbi from their organization, and his own Congregation has the same obligation!

[rabbidw]

My only relationship with the Tendler family is that Rav Moshe Tendler Shlita Was my Rebbe at YU many years ago. He was also my sons Rebbe. That is total disclosure. ANY RABBI WHO HEARS TESTIMONY WITHOUT ALLOWING THE OTHER SIDE TO CROSS EXAMINE IS NOT ACTING AS A RABBI. Rabbi Tendler was never given the opportunity to confront the witnesses, to see the evidence, to presnt his case. There is nothing besides anonymous rumors and gossip.
Lay out a transcript of "Rabbi" Wosners examination of these witnesses. I put "Rabbi" in quotes deliberately, because he acted unilaterally, he inserted himself in a case where no one asked him, he acted exparte, in short he acted like a boor, not a Rabbi. And haven't I seen his name on the list of the Ban Slifkin, Ban Lipa crowd? Or is he only right when he agrees with you?

[Archie Bunker]

Rabbi Mottel Orbach and 6 other rabbis met with Mordechai Tendler at the request of Moses Tendler. They said that Tendler spoke & acted like such a delusional moonbat that it was clear he was lying without even hearing testimony from anyone else. There is also such a legal concept in American jurisprudence.

Like I said, this has nothing to do with Rabbi Bentzion Wosner but rather the Rishonim and later poskim who deal with the halachic concept of kala delo pasik.

Did Rabbi DW read the teshuva?

For the record, Tendler WAS given multiple opportunities to defend himself but he instead decided to stonewall and manipulate.

[Anonymous]

And what do you do with the tape recordings and other physical evidence?

These are presuppositions.

No one ever posted them. And just because two crazy psychotic midwives with an axe to grind said they had Tendler's DNA doesn't make it true.

Wozner was a nobody in Monsey that no one listened to or respoected.

All of a sudden, he became the posek hador.

He hated Tendler because of his leniency in freeing agunot.

He hated Tendler because he grew up in the shadow of Rav Moshe.

But evidence, please.

Don't be comical.

One idiot on this blog is enough and the blog owner is claiming that role.

[steve]

The RCA had more than enough evidence and halachic reasons to remove Tendler. As far as his guilt or innocence, I wasn't there and neither were you. The fact that you know him and his family makes you less objective. If there was only one accuser, then it becomes a typical case of he said/she said. When you have several accusers along with audio tapes, and a "kol" that goes back several years, then you have a halachic basis to believe the accusations and remove him from his position. It's the same as the Kolko case where there was a "kol" and several unrelated accusers. There was surely enough evidence to remove him from chinuch to protect other children. Here the rabbis acted to protect other women. It is not necessary to have him or Kolko for that matter "face" his accusers and intimidate them. If he was fighting to stay out of jail, then he is entitled to cross examine. However, the rabbis have the responsibilty of protecting others from a potential predator and they acted responsibly in removing him.

As an outsider, looking at this case objectively, I would tend to believe that he is guilty, rather than believe that all these people are guilty of a mass conspiracy. Regarding your repeated argument about accusing Shamarya of sleeping with barnyard animals, there is no shaychus to this case whatsoever. First of all, there is more than one woman testifying here. Plus, each woman has provided details. Then you have the audiotapes. Clearly, this is a lot more than he said/she said. Furthermore, Shmarya is not on the board of the RCA and he does not counsel women regarding sensitive issues. Nor is he a shochet, where you can't leave him alone with a cow, because Rabbi DW saw him copulate with one, and therefore the cow is suspected of being a nirba.

[Archie Bunker]

Any respectable posek hated Mordechai Tendler before his sexual escapades became known because of the possible mamzerim he created with his bogus bittul kiddushin. The moron was distorting the ruling of his grandfather Rabbi Feinstein.

UOJ posted letters including the one from Rabbi Shlomo Miller that attacked both Tendler & Belsky.

"Anonymous" sounds like one of various trolls that used to be camped out on the New Hempstead blog a.k.a. Hillel Tendler or Harlan Kilstein and the gang.

[Anonymous]

UOJ posted letters including the one from Rabbi Shlomo Miller that attacked both Tendler & Belsky.

Oh yeah. From the Rabbi who brought on the Slifkin fiasco.

We trust him.

Not.

Shmarya Rosenberg sleeps with farm aninmals.

Everyone cut and paste that line above on 10 blogs today.

Let him see what it's like to be smeared.

Pick 10 blogs and do it.

[criticalmass]

Even if there was a vendetta against Rabbi Tendler by the Monsey rabbeim, the RCA, and these supposedly delusional nutty women who made the accusations against him- why did his shul- the shul founded and presided over for years- see fit to fire him?

I had davened there several times over the years, and in the early part of them, Tendler had cult like status. He had a lot of followers and talmidim. In fact, he was the person I was told to call regarding a sheilah I had after my first child was delivered in Good Samaritan hospital 14+ years ago. Naturally, the more right wing element eventually grew disenchanted and broke off, starting their own shul (welcome to orthodox Judiasm)...so one would think that Rabbi Tendler was in a more comfortable and accepting crowd since he remained behind in good company. What happened? Did the congregation decide one day to turn on him only because he was suspect? I cannot believe the conspiracy against him would have spread and infected the board and members of his shul.

As I said previously, evidence and testimony not withstanding, doesn't something smell funny here?

[Archie Bunker]

Rabbi Shlomo Miller did not "bring on" the Slifkin fiasco. That was Leib Pinter & Leib Tropper. I'm not even sure that Rabbi Miller signed.

[Archie Bunker]

Anyway, we shouldn't have to respond to this vintage Tendlerite spin. Rabbi Miller has nothing to do with it other than he exposed Tendler's dangerously reckless behavior.

The Tendlerites have a long history of digging up whatever dirt they can on their critics, both true and manufactured.

They did it to rabbis Dratch, Billet, Herring and more. In the case of Rabbi Yosef Blau they launched a blog dedicated to smearing him.

[Archie Bunker]

http://lohud.com/apps/pbcs.dll/article?AID=/20080626/NEWS03/806260495/1028/NEWS12

Marmelstein's lawyer, Lenore Kramer of Manhattan, said the legal fight had not necessarily ended. Kramer said she would talk with Marmelstein about options.

"It's a conservative court," Kramer said. "They are reticent to expand avenues of tort law. This was an opportunity to hold clergy who prey upon their congregants responsible."

[rabbidw]

Post the teshuva. Name the other people who testified against Rabbi Tendler. Put the audiotape on the web, Has it been authenticated? How do you know if it is his voice on the tape? How do I know that the tape exists. Am I the only one who has a misspent youth watching Perry Mason? I am willing to be convinced, but not by gossip, and not by anonymous sources and not by those who rely, not on evidence but on gossip and anonymous sourves. If you have EVIDENCE, POST IT.

[rabbidw is wrong]

The facts:
http://www.theawarenesscenter.org/Tendler_Mordecai.html

Harav Wosner's Teshuvah
http://www.theawarenesscenter.org/HaravWosner'sT'shuvah.pdf

Tendler's own letter to the RCA
http://www.theawarenesscenter.org/TendlerLetter-Page1.jpeg
http://www.theawarenesscenter.org/TendlerLetter-Page2.jpeg

HaRav Shlomo Eliyahu Miller, Rosh Kollel and Av Beis Din of Kollel Toronto, Canada:

Dei'ah ve Dibur
29 Sivan 5765 - July 6, 2005
NEWS
HaRav Eliashiv Protests Improper Methods Of Coercion In Gittin
by Betzalel Kahn

A number of serious incidents have sparked a stormy debate among the halachic authorities of America and gedolei haTorah have asked HaRav Eliashiv to express his opinion. He responded, "They have permitted married women to remarry contrary to Torah law Rachmono litzlan . . . I join the aforementioned rabbonim and geonim in protesting this breach in the ranks of Beis Yisroel. It is quite clear that any discussion about coercing a husband to grant a get should only be held in a beis din composed of rabbonim who are expert Torah scholars, that has an established reputation and whose authority the public accepts."

The furor currently rocking American Jewry has long since spread beyond America and Canada. It has now reached Eretz Yisroel, where the opinion of HaRav Y. S. Eliashiv was sought with the intention of preventing serious damage to the yichus of the Jewish people through the activities of American rabbinical figures who have been scandalously granting married women permission to remarry on the basis of gittin obtained by coercion.

"The situation in America is absolutely terrible in this respect; it is possibly worse than the case of the mamzerim that took place in Eretz Yisroel around thirty years ago," says a pained HaRav Shlomo Eliyahu Miller, Rosh Kollel and Av Beis Din of Kollel Toronto, Canada, in a special interview with Yated Ne'eman. HaRav Miller has undertaken the task of rectifying the situation in order to avert tragic long-term consequences.

Several weeks ago Rav Miller sent HaRav Eliashiv a letter to which many American gedolei Torah and halachic authorities affixed their signatures: HaRav Eliyahu Levin, Rosh Kollel Choshen Mishpot of Lakewood, HaRav Aryeh Malkiel Kotler, rosh yeshivas Lakewood, HaRav Eliyahu Dov Wachtfogel, rosh yeshivas South Fallsburg, HaRav Meir Hershkowitz, rosh yeshivas Stanford, HaRav Yechiel Tauber Av Beis Din of Kollel Machon Hora'ah of Monsey and HaRav Dovid Shustal, rosh yeshivas Lakewood.

The issue under discussion — serious practices involving gittin, to the point where married women have been permitted to remarry while they are halachically not yet divorced.

The text of HaRav Miller's letter reads:

"To his honor, Maran . . . HaRav Eliashiv,

I am writing to Maran with a request that we hear his opinion on a matter of the utmost importance. Untenable things have already been done in America to free married women through coerced gittin after a beis din convened and deliberated in the husband's absence and ruled that he should be coerced, though he was not present (even in a case where he was agreeable to appearing before another beis din that the woman's side did not want to go to).

"Maran has already ruled that no discussion should take place in the absence of the parties, following the ruling of the Shach in Choshen Mishpat siman 13:8. Such a get [extracted after an unlawful discussion] is therefore an unlawfully coerced get, even if there were halachically valid reasons for the coercion. In fact, it seems that the coercion itself was carried out unlawfully, apart from the [problem of the] discussion about it having been held in the husband's absence, in that they conduct their deliberations in secret and do not reveal their reasons for [allowing] the coercion. Now everything is done in secret, without [even] revealing the name of the beis din that permitted the coercion.

"If we do not issue a public declaration stating that no discussion on [implementing] the law of coercing the husband may be held in his absence, the time will soon come when it will be considered permissible to do just that. We will have a situation where it will be absolutely impossible to repair the breach. The situation in America with regard to permitting married women to remarry is dreadful. Irresponsible individuals dissolve the serious prohibition of a married woman's entering into another relationship on the basis of retroactive dissolution of her first marriage, invoking all kinds of feeble supports as well as by issuing rulings in the husband's absence that he should be coerced and by invoking a whole range of weak arguments.

"I am therefore asking Maran his opinion, to be issued as a notice in a similar form to the above, announcing publicly that any and all rulings to coerce the husband that beis din issued in his absence are unlawful and have no validity, to be signed by roshei yeshiva and rabbonim who obey the Torah's call.

"I close with blessing to . . . that HaKodosh Boruch Hu should lengthen his days with goodness and pleasantness."

The American and Canadian rabbonim sent the letter to HaRav Yitzchok Sheiner, rosh yeshivas Kamenitz, and asked him to visit HaRav Eliashiv and hear his verdict on the matter. HaRav Sheiner told us last week that HaRav Eliashiv wrote a letter supporting the position of the American rabbonim. After giving the matter extensive consideration, HaRav Eliashiv sent his reply to the American and Canadian rabbonim. He wrote:

"The gaon HaRav Shlomo Eliyahu Miller and the rabbonim and geonim with him wrote to me about the terrible breach whereby people who are not fit to do so, presume to become involved in coercing the giving of gittin and that there have already been cases where they have ruled that the husband should be coerced when he has not been there to hear the case against him, and they have unlawfully permitted married women to remarry Rachmono litzlan. They have asked me to join them in publicly protesting this breach.

"I join the above rabbonim and geonim in this protest against the breach in the ranks of Beis Yisroel. It is quite clear that any discussion about coercing a husband to grant a get should only be held in a beis din composed of rabbonim who are expert Torah scholars, that has an established reputation and whose authority the public accepts."

What has led to this uproar? Have matters in America really reached the point where rabbonim permit married women to remarry on the basis of gittin that have been unlawfully obtained?

"The letter only contains a small example of the terrible state of affairs in America," HaRav Shlomo Miller told us, in a special call to Yated Ne'eman from Toronto. "Various people exert pressure to permit agunos [women who are separated from their husbands but are still lawfully married to them] to remarry in such a way that it is done in a very serious manner, without witnesses."

America is no exception to the problem of husbands deserting their homes and leaving their wives agunos for many years — an issue that plagues Jewish communities the world over. The phenomenon is sadly a familiar one in many places and very forceful means are employed for dealing with it. In Eretz Yisroel for example, the botei din are assisted by the secular authorities in dealing with husbands who refuse to release their wives. This has been successful, to the point where the number of agunos has been reduced to a minimum with the entire procedure being carried out according to halochoh and under the beis din's authority, as required by the Shulchan Oruch and the poskim.

There are also a number of very special Yidden who devote all their time to tracing husbands who have vanished. They have succeeded in tracking down dozens of such men across the world and through ad hoc sessions of beis din have managed to persuade them to grant a get to their wives.

In America, some rabbinical parties have found "simpler" ways of freeing agunos. A number of cases that have taken place over the past few years have drawn tremendous protests against the methods employed, as the letters on this page show. These parties have "discovered" two ways of "freeing" agunos, enabling them to move on with their lives and remarry. According to halochoh however, as HaRav Eliashiv has ruled, such divorces and methods of permitting the women lack any halachic basis and have thus been a means of permitting women who in reality remain married to their first husbands according to halochoh, to marry other men.

One device that they employ to free agunos is to look for ways to invalidate the original kiddushin by "discovering" that it was contracted on the basis of a mistaken assumption. Many such cases have come to light in recent years, prompting HaRav Miller to express himself in the strongest terms.

"I have the record of the words of a dayan in a beis din about such a case — absolutely shocking! — he writes that there was an act of kiddushin but that it was `mistaken kiddushin'! There is no doubt however, that it was not so. It's nonsense. One of the `rabbis' who permitted many agunos to remarry on the basis of the kiddushin having been mistakenly contracted used to be a member of the Rabbinical Council of America, which in my opinion is a worse organization than the Mizrachi. When a complaint was lodged with the RCA about his use of the mekach to'us trick, they were in no hurry to expel him. They only fired him when stories started coming in about other shameful things that he'd done. These are absolutely terrible things.

"Someone wrote that a woman was permitted to remarry without a get because after the husband had been gone for fifteen years he was undoubtedly dead. The woman concerned had once been part of the Torah community but had drifted away over the years. But what kind of rov gives such rulings? HaRav Eliashiv's ruling states quite clearly that no discussion can be held about coercing a husband to give a get so long as he is not present. These people are doing the very worst things. Who knows what will be in thirty years time? If we don't stop the trend now the situation could get a lot worse."

Rav Miller notes the uproar that surrounded Goren's permitting mamzeirim to marry thirty years ago. The vehement protests at the time ensured that nothing like this happens today in Eretz Yisroel. "In America today though, everyone does what he wants. There are rabbonim who say quite explicitly that they do whatever they want. There is no accounting and no accountability. Each of these American rabbonim, who are motivated by various factors (e.g. financial — B.K.) imagine that they have the authority of the Beis Din Hagodol whereas they are in fact doing worse things than Goren did."

Again and again in the course of our conversation, Rav Miller reiterates Maran's ruling that no discussion about coercion can take place in the husband's absence. "If it's not possible to have the hearing in his presence, that means that the get cannot be extracted through coercion."

The American rabbonim who have signed the letter intend to add the signatures of all the rabbonim of America and Canada to it, in order to exert pressure on the parties who are acting contrary to halochoh. If their plan succeeds and these activities cease, it will be a great improvement. Many rabbonim agree with the letter and this has already brought pressure to bear on the parties concerned.

"In the days following the dispatch of my letter to HaRav Eliashiv, one of the relevant parties heard that the letter had been sent and he immediately refrained from allowing the giving of a get that had been obtained through coercion when the husband had not been present at the discussion," notes HaRav Miller.

We asked Rav Miller whether it might become necessary to open separate genealogical records in view of the current practices that have become so much more common in recent years. By way of reply, he pointed out that many have recently been thinking that such a step needs to be taken in Eretz Yisroel in view of the attempts to assimilate gentiles into the Jewish population through fictitious conversions. "But in a large place like America it would be extremely difficult to do so," he added, "for various reasons, one of which is a ruling of the Rema concerning baalei teshuvoh. When Eliyohu Hanovi comes he will render everyone fit. Until then, we must be on our guard to ensure that there is an absolute end to steps that are contrary to halochoh, as HaRav Eliashiv states in his ruling."

[Archie Bunker]

This is incredible but the PDF version of Rabbi b. Wosner's teshuva has disappeared from several websites that hosted it. It's gone from Daas Hakohol. Awareness Center has either moved or removed it.

http://rabbinicintegrity.blogspot.com/2006/01/harav-wosner-shlitas-tshuvah-on.html

And the link is even gone from this dedicated post

http://rabbinicintegrity.blogspot.com/2005/12/rabbinic-committee-cri-formed-to.html

There are some excerpts in English here but I am still looking for the original Hebrew version.

[Archie Bunker]

http://www.theawarenesscenter.org/HaravWosner'sT'shuvah.pdf

Yes, like another reader just posted, here is the link.

[rabbidw is wrong]

Wikipedia discussion:
http://en.wikipedia.org/wiki/Talk:Mordecai_Tendler

Regarding the question of notability for a single event, let me recap part of my AfD comment. Mordecai Tendler worked intimately with his grandfather, the reknowned Rabbi Moshe Feinstein on his responsa work, helping R. Feinstein deal with his correspondence, etc. The responsa, known as Igros Moshe, are among the most authoritative documents in Jewish law today. Mordecai Tendler was pivotal in editing Igros Moshe. (Reb Moshe was not the editor.) For instance, Tendler bore responsibility for putting in the headings and structuring of the responsa -- which, as we all know in Wikipedia, is quite important for how people read a text. In addition, Tendler wrote many interpolations within the Igros Moshe texts. Look at volume 8, you'll see that there are two fonts used in the responsa -- regular font and a small font, which shows Mordecai Tendler (and S. Rappaport's) interpolations. These constitute extensive annotations and hence interpretive moves within Igros Moshe. From what I hear, there was pressure on the editors to publish the annotations in a different font (pressure due to Mordecai Tendler's situation, maybe?) because the published responsa differed so much from the handwritten manuscripts. This difference is noted carefully on p.1 by the senior generation (incl Moshe David Tendler, Mordecai's father). Granted, the pressure to distinguish the annotations may be related to the scandal. Nevertheless, this unusual change in volume eight surely underscores the importance of Mordecai Tendler's role as editor and intimate assistant to Rabbi Feinstein. In principle, I am not adverse to having this aspect of Tendler's importance described in the article on R. Feinstein and/or moved to an article about the controversy (a series of related events) over R. Tendler's conduct. HG | Talk 04:47, 23 November 2007 (UTC)
___________________________________________

See one example of changes in volume 7 of Igrot Moshe to a newer edition edited by Mordecai Tendler:
A paragraph added into the body of a tshuva praising Rabbi Mordechai Tendler (page 181 top right column).

p.181 Old
http://www.lukeford.net/Images/photos3/IgurotO.jpg

p.181 New
http://www.lukeford.net/Images/photos3/IgurotA.jpg

[rabbidw is wrong]

Wikipedia discussion:
http://en.wikipedia.org/wiki/Talk:Mordecai_Tendler

Regarding the question of notability for a single event, let me recap part of my AfD comment. Mordecai Tendler worked intimately with his grandfather, the reknowned Rabbi Moshe Feinstein on his responsa work, helping R. Feinstein deal with his correspondence, etc. The responsa, known as Igros Moshe, are among the most authoritative documents in Jewish law today. Mordecai Tendler was pivotal in editing Igros Moshe. (Reb Moshe was not the editor.) For instance, Tendler bore responsibility for putting in the headings and structuring of the responsa -- which, as we all know in Wikipedia, is quite important for how people read a text. In addition, Tendler wrote many interpolations within the Igros Moshe texts. Look at volume 8, you'll see that there are two fonts used in the responsa -- regular font and a small font, which shows Mordecai Tendler (and S. Rappaport's) interpolations. These constitute extensive annotations and hence interpretive moves within Igros Moshe. From what I hear, there was pressure on the editors to publish the annotations in a different font (pressure due to Mordecai Tendler's situation, maybe?) because the published responsa differed so much from the handwritten manuscripts. This difference is noted carefully on p.1 by the senior generation (incl Moshe David Tendler, Mordecai's father). Granted, the pressure to distinguish the annotations may be related to the scandal. Nevertheless, this unusual change in volume eight surely underscores the importance of Mordecai Tendler's role as editor and intimate assistant to Rabbi Feinstein. In principle, I am not adverse to having this aspect of Tendler's importance described in the article on R. Feinstein and/or moved to an article about the controversy (a series of related events) over R. Tendler's conduct. HG | Talk 04:47, 23 November 2007 (UTC)
___________________________________________

See one example of changes in volume 7 of Igrot Moshe to a newer edition edited by Mordecai Tendler:
A paragraph added into the body of a tshuva praising Rabbi Mordechai Tendler (page 181 top right column).

p.181 Old
http://www.lukeford.net/Images/photos3/IgurotO.jpg

p.181 New
http://www.lukeford.net/Images/photos3/IgurotA.jpg

[rabbidw is wrong]

Another example of changes in volume 7 of Igrot Moshe to a newer edition edited by Mordecai Tendler:

An alteration to a tshuva (page 180 bottom right column)

180 old version
http://www.lukeford.net/Images/photos3/IgurotM.jpg

180 new version
http://www.lukeford.net/Images/photos3/Igurot.jpg

[steve]

R' DW,

I'm not much of a Perry Mason or Raymond Burr fan, I think Columbo was a much better detective show. As for this conspiracy theory of your's with the doctored tapes and phony witnesses, I think you should get Oliver Stone to write a screenplay. It would make for a better movie than "JFK". These conspirators did a much better job than Mark Fuhrman with the bloody glove.

"If it don't fit, you must acquit. If you can't trust the messenger, you can't trust the message"-Johnnie Cochran a"h

[maven]

Rabbidw:

I understand your concern about false rumours. However, its considered pretty backward in abuse cases to have face to face confrontations, as many women are humiliated by this, so in many rape cases, etc, there is a neutral third party who takes the testimony so that the victim doesn't need to appear in court, etc. So your call to post those testimonies on a blog would not be within current practice.

[A reader]

"I'd also point out that Tendler has behaved horribly throughout this whole mess, as has his family."

Irrelevant (not to mention subjective). If he's innocent he's innocent, if guilty, guilty. If he IS innocent, then who can blame him for not exactly "behaving nicely" in response to these events?

[rabbidw]

I looked through all the material and it seems very clear to me. Wosner got a bug about Rav Mordecgai Tendlers effors on behalf of Agunot. He was out to get him for a long time. Vickie Polin got involved because that is her business. This is how she makes money,marketing her website and services. That is fine, that is no difference than Abe Foxman and the ADL. But Abe Foxman has a board that he answers to. Who does Vickie Polin answer to? and Abe Polin acts in ways that benfit him and his organization, he gave hundreds of millions of dollars of free publicity to Mel Gibson.
Anyway the gist of Wosners "teshuva" was that you can take testimony without the other side being present when the witnesses are afraid to be in his presence. How does Mordechai Tendler intimidate thes 21st century women? HE MUMBLES UNDER HIS BREATH. these women, who are so easily intimidated are the ones we are supposed to believe.
Well, I will tell you what I believe. I believe Vicki Polin is orchestrating a scam. I think Marmelstein came to her, and Polin told Marmelstein that she would take care of it. And she did. We have witnesses who are afraid to go public, a tape that no one has heard, and malicious gossip that has no end, that repeats itself endlessly and gets worse with every retelling. Look at the whos who behind Wosner. The most backward and contemptable "Rabbis" The book burners, the censorers. Those who gave a hechsher in monsey to a store that sold real treif. Those that do not celebrate Yom ha'atzmaut. Those that oppress the converts. You get the point.
So how did the RCA get suckered into all this? They did not want to be accused of having a coverup so they gave Rabbi Tendler one chance to speak to their investigator. When he failed to come on that day, he was trying to negotiate the terms of his appearance, to be able to cross examine the witnesses against him,
he was immediately EXPELLED. Not suspended pending his testimony but expelled. The RCA did not want to deal with this hot potato, did not do its own investigation, relied on an investigator who has no knowlege of Jewish law and custom so that he could get a sense of the credibility of these witnesses. They wanted the issue to go away. When it goes, it might take the whole RCA with it.
I wnat the tape, if it exists made public sand voice authenticated. I want the witnesses made public and subject to cross examination. Remember Dan Rather and the documents "proving" that Bush lied about his reserve status. Well everyone except Dan Rather admits he was conned. WHO HAS SEEN THE EVIDENCE? As many people as have seen the golden book of moroni. ZERO

[rabbidw is wrong]

Tendler's own letter to the RCA contradicts everything you say.

http://www.theawarenesscenter.org/TendlerLetter-Page1.jpeg
http://www.theawarenesscenter.org/TendlerLetter-Page2.jpeg

[steve]

Wow. Fascinating stuff. You have it all figured out. Vicki Polin must have some kind of clout to pull off a scam like this and get all these rabbis and false witnesses to cooperate. Poor Mordy Tendler, with all these wolves out to get him. When does the movie come out?

[rabbidw is wrong]

The RCA Promised “Bombs” for Rabbi Tendler, and One Week Later, a Civil Suit, a Psak, a Published Letter, and a Smear Campaign: Just a Coincidence?
By Susan Rosenbluth
Jewish Voice and Opinion
Englewood, NJ

No Exoneration
Linked to Rabbi Wosner’s psak was a short letter signed by seven hareidi rabbis in Monsey, which was apparently written last May to clarify a statement made by Rabbi Tendler during an emotional meeting with members of KNH after his expulsion from the RCA.

At the meeting, Rabbi Tendler said the RCA had concerned itself with the same charges a panel of hareidi rabbis from Monsey had heard at least two years earlier. Rabbi Tendler told his congregation that the hareidi rabbis had exonerated him.

In their letter, which was included in the packet and on the Internet, the rabbis said Rabbi Tendler’s announcement was “an outright lie.”

The seven rabbis who signed the letter were: Rabbis Moshe Green, Yisroel Hager, Chaim Halberstam, Chaim Shnaybalg, Chaim Rottenberg, Sharaga Zimmerman, and Mordechai Ohrbach.

[Archie Bunker]

Rabbi DW, it is clear that your friendship with the senior Rabbi Tendler is affecting your judgement in this case.

"a tape that no one has heard"

Several Monsey rabbis have heard it. It would be irresponsible if they started selling copies to the public at "Tuvya's".

"malicious gossip that has no end"

You cannot say that all of the 10 women are being malicious. It's besides that the poskim are clear that rumors that dog Tendler for years from different corners are credible.

"Those that do not celebrate Yom ha'atzmaut."

We are still supposed to take you seriously? There are legitimate opinions in halacha that differ from Rav Kook and his disciples. To disqualify a rabbi based on that is ludicrous.

"Those that oppress the converts."

Who in Monsey is on board with Leib Tropper? If anything, many rabbis agree with Monsey's Rabbi Bloch who is an arch-opponent of Tropper.

You are also presenting a distorted series of events as far as Tendler and his lack of cooperation with the batei din investigating him. Maybe you believe what you have heard from the Tendler family and their supporters like Rosenbluth.

[Archie Bunker]

"Poor Mordy Tendler, with all these wolves out to get him. When does the movie come out?"

It will be the biggest hit since "Bungalow Putz", directed by UOJ & R' Gross.

[Archie Bunker]

Rabbi DW, you are quick to disqualify all the contemporary rabbis based on their political views and conspiratorial desires to "get" Tendler.

What about all the early authorities who rule Tendler is finished because of kala delo pasik?

[criticalmass]

What is the problem with Leib Tropper? What is the issue between him, and his opponent, Rabbi Bloch?

[Archie Bunker]

Rabbi Bloch had the courage to publicly identify Tropper for what he is - a fraud who is out to make a buck. Tropper is using legitimate converts and baalei teshuva for his own end as well as running a scam of manufacturing improper converts which he falsely claims he has the backing of Rabbi Moshe Feinstein. Rabbi Reuven Feinstein is going along with this charade because as Rabbi Bloch puts it, he is getting a huge amount of money from the same people who bankroll Tropper.

Tropper then has the nerve to try to hijack the entire conversion system on the planet.

[rabbidw]

I have learnt much in the past few hours. I have reviewed much of the material, seen mucjh of it for the first time. If I was told he was seeing prodtitutes, I would believe the testimony, but the idea of a married Rabbi seducing many different women does not sit right with me. It justseems, in any risk reward analysis, the risk outweighs the rewards, and the idea of women being seduced by Rabbis is contrary to my experience. Never the less it seems quite a number of women are saying they were seduced. In light of reviewing the stories, I cannot argue with those who believe the women. I still do not. Perhaps I am naive. I will not argue the point. The idea of a Rabbi seducing multiple women reads like a bad novel. If there was a claim that he fell in love with one woman, I would perhaps feel differently. Anyway, while I still believe that Rabbi Tendler is innocent, I do not believe the stories, they do not hold together, I can no longer argue with those who find them credible. This is an issue of he said she said. To me the stories do not make sense. To you, they might. So while I still believe that Rabbi Tendler is innocent, I will concede that there is enough evidence that people can find credible if they want to. I will no longer argue the case.
One last word. I am most uncomfortable with some of Rabbi Tendlers detractos, such as Wosner and his crew. My enemies enemy etc.

[Archie Bunker]

Think about it. Mordechai Tendler had easy access to many women he normally would not have because of his rabbi position. As anyone in New Hempstead will tell you, many of these women were strange which makes them seem less credible if they later spoke up. As a matter of fact, Tendler is said to have later threatened them along these lines that no one will believe them. Mordechai & Michelle Tendler not only used blackmail threats against people but actually did things that caused great harm to certain families and individuals. There are those who strongly believe that Michelle is much more evil than Mordechai himself.

Personally, I had a hard time believing the stories before I saw the teshuva for one simple reason. Tendler is a strange guy himself & a very unattractive man so I could not imagine him having luck seducing women. People made the case to me that he was able to overcome these deficiencies by knowing how to sweettalk females.

[Yochanan Lavie]

Power is the ulitmate aphrodisiac. Back in the 1970's, Woody Allen and Henry Kissenger, two dogs IMO, were considered sex symbols (because they were at the height of their power). Women are often attracted to different things than what men look for in women. Often power and charisma trump looks.

[Archie Bunker]

"power and charisma trump looks."

That may explain why Ron Perelman has been married to about 5 very attractive women.

Even the gargoyle-like James Carville, one of the most hideous looking people on Earth, is married to someone many leagues more attractive.

[yudel]

I continue to be amazed at folks like the fat lady. And of yes all the rest of you that say okay Tendler is exonerated.
And ergo shut up.

First -you are attacking the victim.

Second-He used her for sex. Read the details.

Third-According to your reasoning, it is okay for all Rebbes to have sex with congregants based on this case.

Fourth-Let extend your logic. It is okay for you to have sex with other women if you are rabbi or whatever.

Fifth- What you do not see here is this case only made him not guilty in court but the court commented he did have sex with her.

Seventh- Many of you writing here are very wounded -which I understand. However your wounds did not just undo your trust but it made you numb to your heart and compassion. In chassidus...timtoom halev.

It is important not to close off your heart because of your own personal anger.

When you do, all the abuse slashed into your innocent life continues to live rent free in your mind and heart.

This is the hardest part of the healing from abuse.

What do you do with anger?

Most often sadly it turns around and spills out as self righteous indignation.

Why carry all that anger? While you of cours in terms of halacha do not have to reconcile the events visited on-do you really want to carry your angry wounds onward in your life? Maybe much better to daven and ask HaKodesh Borchu to take over that department meaning giving this burden of anger you carry over to Him and let Him deal with it.

This is called healing.

What happened was evil. Evil is Live spelled backwards. But can you learn and grow from the dark shadows that penetrated your life? Or do you stay wounded?

When you bash this woman -you okay the fact that she was abused.

You enter into the same fiction the others abused either lied or wanted it to happen.

Are you aware in court cases of incest as well as evaluations of the perpetrator, he invariably will say --my daughter seduced me. She wanted it. She is the slut. I am innocent. That is the normative defense and explanation.

We ought to work on breaking this cycle.

In your daily life you are free now, but it is still wise to check in the basement to make sure you did not throw all the evil garbage visited upon you downstairs.

Full cleaning is hard road. Not possible with a hard heart.

[Susan Rosenbluth is a liar]

There are some pretty substantive material facts missing here. Far from exonerating Mordechai Tendler, the decision in fact stated EVEN IF HE SLEPT WITH HER, she has no cause of action. Susan Rosenbluth of the Jewish Voice Opinion, perhaps better known as Suzie Smear, who for all we know might also be sleeping with Mordechai Tendler, takes his side against 1000 rabbis in the RCA, against the independent praesidiom investigation, against the 7 rabbis in Monsey who confronted Mordechai Tendler to his face with one the many tape recorded conversations. Call any of the seven rabbis and ask them. They had no problem speaking to me. Mordechai Tendler admitted that it was him on the tape but he was "playing around". The gemara in Sanhaedrin states that yeharag v'al yaver is preferable to such playing around. When Mordechai Tendler joined the RCA, he signed a membership agrement that stated he agreed to abide by it's rules. (application and rules are available on Rabbis.org) By signing that application he agreed to appear before and co-operate with the va'ad hakovod in the event of any allegations of wrong doing. He refused to appear. For that alone he should get his ass booted out. The rules further state, in the event of allegations of sexual impropriety the person is called before the executive board and they have jurisdiction. The board however bent over backwards and still summoned Tendler to appear before the va'ad hakovod, something that is not necessary in cases of alleged sexual impropriety. They had an independant organization conduct a second review. The conclusions were the same. MT was not behaving the way an orthodox rabbi should behave, so he was booted. He summoned them to a beis din in Jerusalem that has no jurisdiction. In fact there is a clear halacha in Shulchan oruch, if two people live in Israel in a town that has a beis din, and one of the litigants wants to go to the great beis din in Jerusalem, YOU DO NOT LISTEN TO HIM. How much more so when there are numerous batei dinim in town and you're in a different country 6000 miles away. As in his other suits both civil and din torahs, MT never showed and never pursued the din torah that he started. Among Susie's other lies. That Mordechai Tendler got a heter arkaos. Hirsch Ginsberg of the aguda beis din was contacted numerous times and confirms that he sent one hazmana, period. he was not asked to send a second hazmana, he was never asked for a heter arkaos, he never gave a heter arkaos. So the shaigetz MT went to civil court without a heter. Susie, in attempt to demonstrate what a poor journalist she is, claims at the end of the article that "this clears the way" for Mordechai to sue for his back salary which was about $100,000 a year. Had Susie had any interest in the truth, she might have looked at the court papers which state MT's annual salary was 30K with certain other benefits, nothing close to the 100K Susie wrote. Susie is not a yellow journalist, she is a liar. She's in good company.