A Major Characteristic of Jewish Law

I quote from the Business Halacha Institute:

An elderly gentleman spends the final years of his life in a nursing home. In his will, which was drafted shortly before his death, he left a significant bequest to a member of the staff that cared for him during his final days. His family was, naturally quite upset, and suspected that the staff member had abused their position of power and influence over the increasingly feeble patient. What are the Halachic factors involved in asserting claims of undue influence?

What emerges is that undue influence is a very weak halachic argument. In contrast, there are very significant legal protections concerning undue influence, and it is a very prominent aspect of many will contests. The reason for this disparity of treatment arises from the very basis of choshen mishpat versus civil law. Civil law incorporates values- to the extent that it seems unfair to allow a person with a position of power to wield that power for their personal benefit over those that are helpless to resist, civil law creates limits and protections to prevent such scenarios. In contrast, Choshen Mishpat focuses on strict rights and obligations, without incorporating outside factors and considerations. While there is certainly a concept of acting Lifnim Meshuras Hadin that requires us to act in a fair and equitable manner, the actual halachos that define people’s rights are narrowly constructed. The parties, and to a limited extent Bais Din, should add these yashrus considerations to their behaviors, but the fundamental rights and obligations are generally unchanged by the ethical considerations. (emphasis mine)

I could not put it better myself (which is why I quoted them).

The Rabbis Follow the Achiya Hashiloni Model

See this:

In 2010 I wrote Rav Chaim Kanievsky shlita a letter asking if he really signed on a letter supporting an indicted child abuser. He replied that he signs on whatever his own Rabbis sign on. His handwritten response can be seen on this blog here. I subsequently sent Rav Chaim a letter respectfully challenging his reliance on his Rav and his issuing decisions based on incomplete knowledge of the situation. I quoted Rav Yaakov Kaminetzky as saying: “דעת תורה אהין דעת תורה אהער דער פאקטס מוז מין העב’ן”, and the following from Rav Yechiel Yaakov Weinberg, the Seredei Aish, who wrote:

יודעים אנו על פי הניסיון כי מסביב לכיסאו של אדם גדול שורצים ורבים בריות שפלות, מין רמשים קטנים, אשר קטנותן תהיה להן למבטח כי לא תֵראנה ולא תִמצאנה, ועל כן יכולות הן, בהאפילן על עצמן בטליתו של ה”גדול”, לעשות כמעשה הרמש, ולרדוף אחרי כל אדם ישר באין כל סכנה לנפשן. ויש לפעמים אשר אנשים ישרים נפגעים על ידי גאון מפורסם מבלי הבין את חטאתם ופשעם, כסבורים הם שזאת היא “עקיצת עקרב” ומתמרמרים על הגאון, בעוד שבעיקר הדבר אין זאת אלא “נשיכה של שועל” היוצא מבית קודשי הקודשים של גאון, או לחישת נחש המתחמם בחיקו…” (מתוך ספר לפרקים)
Excerpted from Rationalist Judaism, here.
Read the rest!

Charedim Will Never Lead Israeli Government

The previous Bostoner Rebbe has said the current approach to unfiltered internet abuse is wrong. The observant community needs to help sufferers seek treatment and rehabilitation, just like with any other addiction (such as alcohol); not ban users from the community or synagogue.

But then why did he not seek to ameliorate the Israeli anti-drug laws, too, shifting from the criminalization model to the medical care one? I’ll tell you why. He doesn’t care about the Jewish public at large, that’s why. The Bostoner Rebbe’s community would not contain many drug addicts. The Rebbe was sincerely thinking about the good of his own congregants, without Status-Quo Bias (while all those Rabbis who disagree/d with him on the ‘Moetzes’ were not even doing that much!).

Charedim lack what Feiglin calls the ‘Leadership mentality’, and always have.

Does Ron Paul Sound Like an Antisemite to You?

Why Are We Sending $38 Billion to Rich and Powerful Israel?

Last week’s announcement of a record-breaking US aid package for Israel underscores how dangerously foolish and out-of-touch is our interventionist foreign policy. Over the next ten years, the US taxpayer will be forced to give Israel some $38 billion dollars in military aid. It is money we cannot afford going to a country that needs no assistance to maintain its status as the most powerful military in the Middle East.

All US foreign aid is immoral and counterproductive. As I have often said, it is money taken from poor people in the US and sent to rich people overseas. That is because US assistance money goes to foreign governments to hand out as they see fit. Often that assistance is stolen outright or it goes to the politically connected in the recipient country.

Just as bad is the fact that much of what we call “foreign aid” is actually welfare for the wealthy here at home. The aid package to Israel is a very good example. According to the agreement, this $38 billion will all go to US weapons manufacturers. So the real beneficiaries are not the American people and not even Israeli citizens. The real beneficiaries are the US military-industrial complex. Perhaps the money won’t even leave Washington – it may simply go across town, from the Fed to the Beltway bomb-makers.

While even US government aid to desperately poor countries should be opposed on moral and practical grounds, it is even harder to understand US aid to relatively rich countries. At a nominal per capita GDP of over $35,000, Israel is richer than Japan, Italy, and South Korea. Not long ago Business Insider published a report by the Institute for the Study of War showing that Israel is the most powerful military force in the Middle East. We know they have hundreds of nuclear weapons, a sophisticated air force, drones, and even nuclear weapons-equipped submarines.

So why is the US giving a rich and incredibly well-armed country a record amount of military aid? Part of it is that the US government believes it can coerce Israel to do Washington’s bidding in the Middle East. History shows that this is a foolish pipe dream. If anything, US aid subsidizes Israeli human rights abuses in Gaza and elsewhere.

Another reason is a very powerful lobby in Washington, AIPAC, that pressures Members of Congress to focus on Israel’s interests instead of US interests. Members of Congress should look at our economy, with effectively zero interest rates, an anemic non-recovery from the 2008 crash, historically low participation in the workforce, and inflation eroding the value of the dollar and conclude that this might not be the best time to start handing out billions of dollars in foreign aid. Unfortunately, most Members of Congress find it impossible to say no to special interest groups like AIPAC.

Here’s a better aid package for Israel: free trade, travel, friendly relations, and no entangling alliances. Israel should be free to pursue its national interests and we should be free to pursue ours. If individual Americans feel compelled to provide assistance to Israel or any other country or cause overseas they should be allowed. But the rest of us should not be forced to do so. Trade, not aid.

From Lewrockwell.com, here.