The claim made by Rabbi Yosef Feldman was, basically, I wrote what I wrote as part of a halakhic discussion. I did not necessarily believe what I wrote was true, even though I argued for the adoption of those positions and strongly objected when my fellow rabbis rejected what i wrote. In Australia, this type of nonsense combined with other Chabad rabbis willing to tell a court that Feldman is telling the truth when he is clearly lying, put the Australian Jewish News in a terrible legal position. So it apologized for reporting…the truth.
Rabbi Yosef Feldman
Australia has draconian libel laws that severely limit free speech and that favor liars like Rabbi Yosef Feldman, who argued that child sexual abusers should not be reported to police, and that their cases should instead be handled in rabbinic court (beit din).
He was outed by the Australian Jewish News (AJN), which obtained some of his emails to other rabbis and printed excerpts.
Feldman claimed that these were simply halakic discussions, and that they did not represent his final view – even though he was strongly arguing for the adoption of his position, and even though he objected after his position was rejected.
This type of flim-flam only flies where libel laws are extremely draconian – Australia is the prime example of this worldwide.
It is, perhaps, the main reason Chabad was able to cover up widespread molestation in its Melbourne yeshiva for decades, continuing long after similar scandals had been exposed in the US.
Feldman is, to put it mildly, and ethically challenged individual. He's dishonest. And his position on child sexual abuse is criminal – even in Australia. And keeping Feldman out of jail may be the main reason his fellow Orthodox and Chabad rabbis lied for him.
In halakhic discourse, a rabbi states a position (or several positions). he then gives halakhic reasons why that position might be opposed by other rabbis, and brings evidence supporting his stated position. At that point, he either says he is adopting his stated position based on particular facts he has just cited, or he rejects the position based on his opponents rulings cited earlier by him, or he leaves the final ruling unanswered, either because the evidence for and against his stated position is too close to call either way, or because the evidence to support either conclusion is lacking. In some cases, both positions are adopted, one as a first recourse, the other as an after the fact possibility.
But a rabbi who advocates a particular position without going through the above process is not following the rules of normative halakihic discourse.
Even more than that, a rabbi who advocates for a certain position and fights for it on the basis that halakha has already decided the issue and that we must follow that halakha, cannot later claim that his stated position was not actually his actual position. But this is exactly what Feldman did.
He claimed cases of child sexual abuse needed to be resoved in rabbinic court, and that it was forbidden in halakha to report Jewish criminals – even Jewish criminals who sexually abuse little children – to police.
Feldman was not stating his position in some theoretical manner.
Instead, as the head Orthodox rabbi of Sydney he was stating what he believed was and should continue to be the halakhic position of the community as set down by its rabbis. And his basis for this statement was his understanding of Jewish law, which he believed had already ruled in a final way on this issue hundreds of years ago, and which couldf not be changed.
In other words, this was Rabbi Feldman's position and it accurately reflected his beliefs and his understanding of what Jewish law says on reporting criminals to secular authorities.
For Feldman to claim otherwise is a le.
That his statement was made on an email list of rabbis, many of who disagreed with him, does not change what Feldman held, what he wrote, and what his statement was and remains – his halakhic opinion on how Jewish criminals who rape children should be dealt with.
With that in mind, Chabad should do the right thing here.
It should issue a statement from it's international headquarters in New York disavowing Feldman's positions on child sexual abuse and calling on anyone who has knowledge of such abuse or credible suspicions of such abuse to report them to police immediately.
That statement should be signed by Rabbis Yehuda Krinsky, Moshe Kotlarsky and, even though he's a bit on the outs with Krinsky these days, Avraham Shemtov. A similar statement should also be issued by Chabad's international rabbinic court, headed (last time I checked) by Rabbi Dovid schochet of Toronto, Cananda.
That is what Chabad's leadership should do.
But it won't, because doing so woul dopen the floodgates of molestation cases previously covered up. And, just like the Catholic Church did, Chabad will choose money and property over the lives of the children in its care.
Here are the details of the AJN's apology and Feldman's reinstatement as the top Orthodox rabbi in Sydney.
As you read it, realize children will surely suffer because of this, that many lives will likely be ruined, and that victims will be ignored or persecuted as was the case until a few weeks ago, when the AJn, followed by the Australian secular press, blew the lid off Chabad's decades long conspiracy to cover up child sexual abuse and stifle victms:
Update 11:22 pm CDT – A new revised version of the press release has been released. I'll insert it here above the original press release and the related articles:
JOINT PRESS RELEASE BY THE AJN AND RABBI YOSEF FELDMAN
AJN and top rabbi look ahead to a peaceful new year
The Australian Jewish News and Rabbi Yosef Feldman, President of the Rabbinical Council of NSW, have this week come to a peaceful agreement in relation to the publication of remarks made by him on the subject of child abuse.
On 29 July 2011, the AJN ran a front page story about Rabbi Yosef Feldman entitled “Top Rabbi Must Quit”. In a related article and editorial, reference was made to a leaked internal email discussion amongst Rabbis in which Rabbi Yosef Feldman put forward certain suggestive views in relation to the reporting of child abuse allegations to the authorities.
The AJN today acknowledged that its coverage may have been considered sensational and apologised for any unnecessary distress this caused.
Rabbi Yosef Feldman acknowledged that while the reporter Joshua Levi did not misquote him in the article, he believes that the context of the email discussion was not clarified. However, he acknowledges that the views he expressed could have been misunderstood. He apologises for any distress caused to the community as a result.
In today’s edition of the newspaper, the AJN admits that since the publication of their first article, many rabbis “have since contacted us to confirm they regarded [Rabbi Yosef Feldman’s] comments as halachic conjecture in the context of an academic debate”.
In a Statement from the Executive of the Rabbinical Council of NSW, also published in today’s edition, the Rabbis go further and assert that “The Executive Members of the Rabbinical Council of NSW, alongside many rabbis across Australia, are of the opinion that the views propounded in those emails were simply conjecture within the context of Halachic discussion and did not necessarily reflect Rabbi Yosef Feldman’s personal opinion on those matters.”
In today’s lengthy article, authored by AJN National Editor Zeddy Lawrence, the newspaper refers to its original coverage and says that “we recognise and fully appreciate that there are those who felt we could have been less forthright and more sensitive in the way we covered it, and we apologise for any unnecessary distress caused.”
“In this instance, if there are those who feel we have been sensationalist, then we must take that lesson on board as we move forwards.”
For his part, Rabbi Feldman stated in today’s edition, “I do acknowledge that things I wrote in emails to rabbinic colleagues could have been taken out of context and indeed misunderstood.”
He went on to “apologise to my rabbinic colleagues as well as to the Jewish community as a whole for any embarrassment caused to them by the publication of material based on my emails”.
He added: “I unreservedly and emphatically condemn all forms of abuse, particularly child abuse. Perpetrators must be brought to justice in the Australian legal system, and I condemn the suggestion that paedophiles deserve protection from that legal system. I believe, as asserted by the major Australian Beth Dins and reported in The AJN, that all credible allegations of abuse should immediately be reported to, and dealt with, by the appropriate Government Authorities.”
Comparing Rabbi Feldman’s contribution to the community with that of Chief Rabbi of the British Commonwealth Lord Jonathan Sacks, The AJN concludes that “we wish Rabbi Feldman well in all his endeavours and look forward to reporting on his positive impact on the community in the months and years ahead.”
As a result of The AJN’s initial article, Rabbi Feldman had stepped aside temporarily from his role as President of the Rabbinical Council of NSW in order to clear his name. In today’s statement, the RCNSW Executive informs the community that he has resumed the Presidency, saying that “The RCNSW looks forward to the contribution that Rabbi Yosef Feldman will continue to make together with his Executive in his role as RCNSW President, which he has now resumed.”
“It is a fact of human nature that ‘sorry’ is one of the hardest words to say. Bearing this in mind we warmly welcome the AJN’s willingness to acknowledge that their coverage may have been sensational, as well as their apology for the unnecessary distress caused. In particular we laud its undertaking to thoroughly review the way matters of this nature are reported in the future as well as the acknowledgement of its Editor regarding the fine character of Rabbi Yosef Feldman and the significant contribution that he has made to the community.”
Rabbi Feldman concludes his Letter wishing the AJN well and thanking his “colleagues on the RCNSW Executive as well as many Rabbis in NSW and across Australia for their unstinting support in recent times.”
“I am hopeful that we can all move forward in unity for the benefit of our community.”
This Press Release has been approved by both parties. Please disregard a previous version which had not yet received the approval of all parties involved.
Now here is the original press release and the related articles:
Press Release
AJN apologises and Rabbi Yosef Feldman resumes RCNSW Presidency
In a stunning about-face, the Australian Jewish News publicly apologised today regarding a recent controversial story that called for Rabbi Yosef Feldman's resignation from a senior rabbinic position.
On 29 July 2011, the AJN ran a front page story about Rabbi Yosef Feldman entitled "Top Rabbi Must Quit". In a related Article and Editorial, reference was made to a leaked internal email discussion amongst Rabbis in which Rabbi Yosef Feldman put forward certain views in relation to the reporting of child abuse allegations to the Authorities. The AJN interpreted those views in a negative light, berating Rabbi Feldman for suggesting them and calling for his resignation as President of the Rabbinical Council of NSW.
In today's edition, the AJN admits that since the publication of their first article many Rabbis "have since contacted us to confirm they regarded the comments as Halachic conjecture in the context of an academic debate" and in a Statement from the Executive of the Rabbinical Council of NSW, also published in today's edition, the Rabbis go further and assert that "The Executive Members of the Rabbinical Council of NSW, alongside many rabbis across Australia, are of the opinion that the views propounded in those emails were simply conjecture within the context of Halachic discussion and did not necessarily reflect Rabbi Yosef Feldman's personal opinion on those matters." The Rabbis express dismay at the AJN's "interpreting in an unflattering way selected quotes from those emails."
In today's lengthy article, authored by AJN National Editor Zeddy Lawrence, the newspaper refers to its original negative coverage and says that "we recognise and fully appreciate that there are those who felt we could have been less forthright and more sensitive in the way we covered it, and we apologise for any unnecessary distress caused."
"Newspapers are perceived as ignoring ethical and sometimes legal boundaries, in their quest to enthral readers and boost sales. It would be churlish of those of us in the industry to ignore that sentiment. Likewise, it would be churlish of The AJN in particular to turn a blind eye to the feelings of many members of the community about the manner in which we handled the story regarding Rabbi Yosef Feldman."
"In this instance, if there are those who feel we have been sensationalist, then we must take that lesson on board as we move forwards."
The newspaper compares Rabbi Feldman to respected Chief Rabbi of the British Commonwealth Lord Jonathan Sacks, concluding that "we wish Rabbi Feldman well in all his endeavours and look forward to reporting on his positive impact on the community in the months and years ahead."
As a result of the AJN's initial onslaught, Rabbi Feldman had stepped aside temporarily from his role as President of the Rabbinical Council of NSW, in order to clear his name. In today's Statement, the RCNSW Executive informs the community that he has resumed the Presidency, saying that "The RCNSW looks forward to the contribution that Rabbi Yosef Feldman will continue to make together with his Executive in his role as RCNSW President, which he has now resumed."
"It is a fact of human nature that 'sorry' is one of the hardest words to say. Bearing this in mind we warmly welcome the AJN's willingness to acknowledge that their coverage may have been sensational, as well as their apology for the unnecessary distress caused. In particular we laud its undertaking to thoroughly review the way matters of this nature are reported in the future as well as the acknowledgement of its Editor regarding the fine character of Rabbi Yosef Feldman and the significant contribution that he has made to the community."
Also published in today's AJN is a Letter to the Community by Rabbi Yosef Feldman in which he states that "I unreservedly and emphatically condemn all forms of abuse, particularly child abuse. Perpetrators must be brought to justice in the Australian legal system, and I condemn the suggestion that paedophiles deserve protection from that legal system. I believe, as asserted by the major Australian Beth Dins and reported in the AJN, that all credible allegations of abuse should immediately be reported to, and dealt with, by the appropriate Government Authorities."
Rabbi Feldman continues that "I believe that I was seriously misrepresented in material that was recently published by the AJN", nevertheless he concludes his Letter wishing the AJN well and thanking his "colleagues on the RCNSW Executive as well as many Rabbis in NSW and across Australia for their unstinting support in recent times."
"I am hopeful that we can all move forward in unity for the benefit of our community."
BELOW ARE THE THREE ARTICLES IN FULL AS THEY APPEAR IN TODAY'S AJN
Reflections on our role as Reporters
By Zeddy Lawrence, National Editor of the AJN
IN recent days, my mind has drifted back to 2002 and the furore that surrounded the publication of The Dignity of Difference by the Chief Rabbi of the Commonwealth, Lord Jonathan Sacks.
Accused by ultra-Orthodox rabbis in Manchester of heresy for implying that Judaism did not have a monopoly on spiritual truth, Chief Rabbi Sacks eventually admitted some of his statements had been open to misinterpretation and may not have accurately conveyed his personal feelings on the matter. As well as rewriting the controversial passages in the book, he issued a statement saying “The problem lies in the use I make of words.”
It was not the first time the chief had cause to regret his terminology. A few weeks earlier he had been lambasted for claiming in an interview that events in Israel sometimes made him feel “uncomfortable as a Jew” and that Israel was forced into postures “incompatible …with our deepest ideals”.
For all the flak he received - and boy was there flak! - the chief was and is still held in the highest esteem, and it is a tribute to the man, rather than his ‘problematical words’ that he invariably pops up in almost every top 10 list of Britain’s most influential and respected public figures.
And so to the present day and the furore that greeted Rabbi Feldman’s comments on the matter of child abuse, as reported in The AJN. ‘Problematical words’ indeed. Taken from an email exchange with fellow rabbis, many of his peers have since contacted us to confirm they regarded the comments as halachic conjecture in the context of an academic debate.
Others in the community, however, read them another way and were understandably dismayed by the opinions expressed.
Which is where The AJN came in.
It is interesting to note the praise heaped on the paper when, in campaigning spirit, it lobbies for Gilad Shalit, it exposes anti-Zionist politicians or it forces online bookshops to remove anti-Semitic books from sale on their virtual shelves. Just last week, a Perth-based ticketing agency removed the option “Occupied Palestinian territories” from its drop-down address menu for overseas subscribers after The AJN alerted them to its presence.
As proud inheritors of the title ‘The Fourth Estate’, nothing fills journalists or newspapers with greater pride than effecting a change in society on behalf of its readers.
But turn that same campaigning zeal within the community and for those caught up in the spotlight, the paper goes from hero to zero.
As a newspaper, we have a duty to represent our readers and take up the baton on their behalf when they feel a grievance towards individuals or institutions that they sense are not acting in their best interests. Likewise, we have a duty to inform our readers of any perceived failings that their leaders may have. As a newspaper and as a journalists, it is our tradition to take a stand.
However, as a newspaper serving a specific community, we face additional responsibilities. One is to promote a sense of unity and pride within that community and in our communal institutions, another is to endeavour to best represent that community to the outside world.
Inevitably, these obligations will occasionally come into conflict, and when these circumstances arise we have to make tough decisions as to what side of this narrow editorial tightrope we should fall on.
Some will welcome our decision and applaud us for our strident stance. Others will feel we have overstepped the mark and condemn us for sensationalism.
We are not the first, nor will we be the last newspaper to stand accused of this charge. Indeed, in the wake of the allegations that have struck at the heart of the Murdoch media empire in recent weeks, the entire media industry is feeling the heat.
True or not in the current climate, newspapers are perceived as ignoring ethical and sometimes legal boundaries, in their quest to enthral readers and boost sales.
It would be churlish of those of us in the industry to ignore that sentiment. Likewise, it would be churlish of The AJN in particular to turn a blind eye to the feelings of many members of the community about the manner in which we handled the story regarding Rabbi Yosef Feldman. While we stand by the content of the story, we recognise and fully appreciate that there are those who felt we could have been less forthright and more sensitive in the way we covered it, and we apologise for any unnecessary distress caused.
With Rosh Hashanah fast approaching, it is timely for us all to take stock of our actions over the past few months. The AJN is no exception. Drawing on our experiences, we must consider our shortcomings, and resolve to do better, in the year ahead. In this instance, if there are those who feel we have been sensationalist, then we must take that lesson on board as we move forwards.
For a newspaper, as for rabbis, it is not always easy being all things to all people. But we do our best, just as they do their best.
Whatever was written in our story does nothing to detract from the tremendous contribution both Rabbi Yosef Feldman and his family have made to our community, or the esteem in which he and they are held.
And as with Chief Rabbi Jonathan Sacks, it is Rabbi Feldman’s deeds and purpose that are ultimately the mark of the man, rather than some ill-chosen words.
That being the case, we wish Rabbi Feldman well in all his endeavours and look forward to reporting on his positive impact on the community in the months and years ahead.
Statement from the Rabbinical Council of NSW
By RCNSW Executive
Rabbi Yisrael Salanter, father of the musar ethical movement within 19th century Lithuanian Judaism, used to say "not everything that is thought should be said, not everything that is said should be recorded and not everything that is recorded ought to be published!"
On 29 July 2011, the AJN ran a front page story about RCNSW President Rabbi Yosef Feldman entitled "Top Rabbi Must Quit" with an accompanying prominent article on page 3 and full page Editorial entitled "Sydney rabbinate's shame"
In the Article and Editorial, reference was made to an internal email discussion amongst Rabbis in which Rabbi Yosef Feldman put forward certain views in relation to the reporting of child abuse allegations to the Authorities.
The Executive Members of the Rabbinical Council of NSW, alongside many rabbis across Australia, are of the opinion that the views propounded in those emails were simply conjecture within the context of Halachic discussion and did not necessarily reflect Rabbi Yosef Feldman's personal opinion on those matters. Although it may have been unwise for Rabbi Feldman to send those emails in the first place to a private Rabbinic list, which included Rabbis that he did not know, that in no way justifies the leaking of those emails to the Press resulting in the AJN's interpreting in an unflattering way selected quotes from those emails.
The view of the RCNSW regarding the AJN's coverage of this matter has already been disseminated within the columns of the AJN and there is no need to reiterate it.
The RCNSW has unreservedly and emphatically condemned all forms of child abuse and protection of perpetrators. We have encouraged all victims to report directly to the Police. This Halachic ruling has the full support and endorsement of Rabbi Feldman.
It is a fact of human nature that 'sorry' is one of the hardest words to say. Bearing this in mind we warmly welcome the AJN's willingness to acknowledge that their coverage may have been sensational, as well as their apology for the unnecessary distress caused. In particular we laud its undertaking to thoroughly review the way matters of this nature are reported in the future as well as the acknowledgement of its Editor regarding the fine character of Rabbi Yosef Feldman the significant contribution that he has made to the community.
The RCNSW looks forward to the contribution that Rabbi Yosef Feldman will continue to make together with his Executive in his role as RCNSW President which he has now resumed.
In this connection, we commend Rabbi Feldman's acknowledgement that an error of judgement was made on his part. We all make mistakes and indeed we, the members of the NSW Rabbinate, also need to introspect a little and see how we can more effectively bring the eternal message of Torah Judaism into the lives of those whom we seek to influence.
Out of bad, good can emerge. We feel optimistic that out of this cheshbon ha-nefesh (soul-searching) a new era of good understanding and goodwill between the Sydney rabbinate and the AJN may dawn in which a genuine endeavour is made to co-operate with, empower and seek the good in that which we each strive to do for the betterment of the Jewish community and the wider society.
We are now entering the month of Elul. The High Holiday season of repentance and positive resolutions are upon us. Let us hope that this experience has awakened us all to the imperative of moving forward communally in peace and harmony, so that united we can face the most pressing and overwhelming challenge: that of inspiring the next generation of Jews with commitment to our heritage and Jewish continuity.
We wish the AJN and the entire Jewish Community a Shanah Tovah Umetukah, a happy, healthy and sweet New Year.
A Letter to the Jewish Community
By Rabbi Yosef Feldman, President of the Rabbinical Council of NSW
I first and foremost wish to state for the record that I unreservedly and emphatically condemn all forms of abuse, particularly child abuse. Perpetrators must be brought to justice in the Australian legal system, and I condemn the suggestion that paedophiles deserve protection from that legal system. I believe, as asserted by the major Australian Beth Dins and reported in the AJN, that all credible allegations of abuse should immediately be reported to, and dealt with, by the appropriate Government Authorities.
I believe that I was seriously misrepresented in material that was recently published by the AJN, although I do acknowledge that things I wrote in emails to rabbinic colleagues could have been taken out of context and indeed misunderstood.
The Jewish community as a whole has been affected by this controversy. Although my words in the emails were Halachic conjecture as part of a broader discussion and were never written in a manner suitable to be understood by the public, I nevertheless would like to apologise to my esteemed Rabbinic colleagues as well as to the Jewish community as a whole for any embarrassment caused to them as a result of the publication of material based on my emails. I would also like to express my profound sympathy and support for the victims of abuse.
I would like to thank my colleagues on the RCNSW Executive as well as many Rabbis in NSW and across Australia for their unstinting support in recent times. I would like to particularly commend Organisation of Rabbis of Australasia's Vice President Rabbi Meir Shlomo Kluwgant for his efforts in helping to facilitate this reconciliation with the AJN.
I am hopeful that we can all move forward in unity for the benefit of our community and wish the AJN and the entire Jewish Community a Shanah Tovah Umetukah - A happy & healthy sweet new year.