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The 5 Towns Jewish Times $1.00 WWW.5TJT.COM VOL. 7 NO. 19 21 SHEVAT 5767 ur,h ,arp FEBRUARY 9, 2007 INSIDE FROM THE EDITOR’S DESK HALB GOES TO ISRAEL Daf Yomi Insights BY LARRY GORDON Rabbi Avrohom Sebrow 17 MindBiz Torah And Poverty Esther Mann, LMSW 32 The Yo-Yo Effect The Israeli parliament, the Karen Kahn, RD 38 Knesset, is a world of its own within the world it represents The 15-Minute Chef to the outside, the State of Jamie Geller 40 Israel. I spent a few hours in the Knesset on Tuesday, Why Do They Do It? ostensibly to meet and talk Hannah Reich Berman 50 with MK Avraham Ravitz, a member of the Degel HaTorah faction of United Torah Judaism, the party that MK Rabbi Avraham Ravitz represents chareidi interests The Eighth Annual HALB Mission to Israel was deemed a smashing in the Knesset. Continued on Page 14 success, as its 140 participants spent ten days in the Holy Land. HEARD IN THE BAGEL STORE Mored B’Malchus Jerusalem Diary BY RABBI YAIR first Gulf War. Iraq had invad- Important mission to Israel. HOFFMAN ed Kuwait. The United States, BY LARRY GORDON and stand in prayer facing See Page 41 under the first President Jerusalem. Part of the unique- Events often happen in the Bush, carefully put together a It’s always that first time, ness of this first-morning world around us that cause us coalition of forces dedicated over and over again. It always experience is that I am here, to wonder what the halachic to pushing Iraq out of Kuwait happens that first morning in standing in the very midst of ramifications would be if such by force. To accomplish this, Jerusalem: I open my eyes, this city that I am usually con- an event were to take place in the president had to lobby look around, and, in less than tent to simply face toward the Jewish world. A case in members of the United a fraction of a second, come from so many miles away. point is the activity of Jimmy Nations Security Council. In to the realization that I am One of the magical things Carter—former president of November 1990, he worked here in Jerusalem and that about this city is that whether the United States, recipient of diligently for just such a dec- this is unlike any other morn- you’re here every few months, the 2002 Nobel Peace Prize, laration from the Security ing. On all the other mornings once a year, or, like some, and general “do-gooder.” of the year, the objective is to Let’s go back a little, to the Continued on Page 4 awake, don tallis and tefillin, Continued on Page 16 YI Hewlett dinner honorees Mindy and Steven Einhorn. See Page 46 Winter Coats For Kids The ON THE ROAD Individuality Factor AGAIN Our Aliyah Chronicle, Part 39 BY RABBI NOAM BY SHMUEL KATZ WEINBERG After a travel-free couple of The yeshiva experience months that saw our family prides itself on inculcating in begin to settle into a routine its students the components and continue our adjustment necessary for them to become to living in a foreign land, it functioning members of the was time to pack my bags NCYI campaign for the release Orthodox Jewish community. again for a trip overseas. With of Jonathan Pollard. It is, however, fraught with responsibilities for fundrais- See Page 44 much uncertainty as of late. ing and public relations as Councilwoman Dorothy Goosby collected children’s winter coats and brought Successful Jewish education well as coordination of alumni CANDLE LIGHTING them to Arthur Epstein, owner of Randi’s Cleaners in Mineola, to be cleaned involves many integral ingre- activities, my job requires reg- Feb. 9 – 5:04 PM and distributed to children in need. The councilwoman presented dients, and one would be pre- ular travel overseas. This was Feb. 16 – 5:12 PM Mr. Epstein with a certificate of recognition from the Town of Hempstead for his contribution to this worthy cause. Continued on Page 8 Continued on Page 11 2 February 9, 2007 5 TOWNS JEWISH TIMES 5 TOWNS JEWISH TIMES February 9, 2007 3 Mored B’Malchus The Logan Act, a U.S. federal law, than three years, or both.” against Yehoshua, a mored b’malchus. Continued from Front Cover states: “Any citizen of the United Were Carter’s actions a violation of Regarding a true mored b’malchus of States, wherever he may be, who, with- the Logan Act? In all probability, yes. a king in Israel, the Rambam in Hilchos Council, sanctioning U.S. action in out authority of the United States, From a halachic perspective, if we Melachim (3:8) writes: “If anyone rebels the matter. directly or indirectly commences or car- were talking about a Torah govern- against a king of Israel, the king has per- Ex-president Carter felt differently. ries on any correspondence or inter- ment, it might also be considered a mission to impose capital punishment He thought that the Arab nations should course with any foreign government or violation of the concept known as on him. Even if he merely decreed that be left to handle it on their own. Having a citizen travel to a certain place, and he neither his own ambassadors nor his did not; or if he commanded him to stay own State Department, he sent letters to under house arrest, and he left, he the members of the Security Council So here we have a citizen of the United States, who, incurs the death penalty. If he wishes to asking them to reject the U.S. request kill him, he may do so, as it says, ‘Any for an ultimatum to Iraq. He urged them without the authority of the United States, directly man who rebels against your word.’” instead to embrace the efforts proposed commenced a correspondence with foreign The source for the capital punish- by the Arab League. The letters only ment incurred by the mored b’malchus is came to the attention of the Bush governments with the intent to defeat the measures fascinating. According to many authori- Administration when Canadian Prime ties (Maharatz Chiyus, Toras Neviim Minister Brian Mulroney forwarded of the United States. 47:1; 48:1; Shoel U’Meishiv IV, 1:42) it them to President Bush. comes from the fact that the perpetrator So here we have a citizen of the is considered a rodef [pursuer] against United States, who, without the author- any officer or agent thereof, with intent mored b’malchus—rebelling against the general welfare of the nation. ity of the United States, directly com- to influence the measures or conduct of the government. Rambam distinguishes between the menced a correspondence with foreign any foreign government or of any offi- Indeed, the Chasam Sofer (Responsa, death penalty for one who rebels against governments (the members of the cer or agent thereof, in relation to any O.C. 208) applies the notion to a gentile the government and other types of United Nations Security Council) with disputes or controversies with the government, as well. We also see from death penalties that the Torah discuss- the intent to influence the measures and United States, or to defeat the meas- this responsum that malchus is not lim- es. Here, the king determines whether conduct of these governments to defeat ures of the United States, shall be fined ited to a monarchy, since the Chasam to pursue the death penalty or not. the measures of the United States. under this title or imprisoned not more Sofer considers Achan, who rebelled Regarding the Logan Act, federal prose- cutors decide whether to pursue charges or not. The issue as to whether to forgo the pursuit of charges in a case may depend upon a number of factors. Politically, it may not be appropriate to prosecute a former president. There are also issues of limited resources. And finally, there is the issue of justice even beyond what the law actually states. The issue of whether or not charges should be pursued might also depend upon how we under- stand a certain mitzvah. The Torah (Devarim 13:6) commands us to rid ourselves of the evil within our midst—“u’viarta ha’ra mi’kirbecha.” The explanation of this mitzvah (Sanhedrin 78a) is that if we are aware of a criminal within our midst, we are obligated to bring the matter before a beis din, a court of law. Does this mitzvah also apply to the issue of mored b’malchus? Since there seems to be a distinction between this type of crime and other crimes, per- haps the mitzvah of ridding the evil within our midst would not apply. On the one hand, mored b’malchus is a very stringent area in Jewish law, where it seems that many “civil rights” are set aside. The RaDaK writes that even if one were to mere- ly call a king by his first name, he is considered a mored b’malchus. All other capital crimes in the Torah require hasra’ah—a warning issued by someone before the crime is actually committed. A mored b’malchus does not need a warning. In fact, the Gemara also tells us that a mored b’malchus does not require a court ruling on his case—justice may be dispensed immediately. Although this is rather perplexing—since such harshness is not demanded even for violations of Hashem’s laws—all these distinctions seem to point to a firm desire on the Torah’s part to quickly dispense with those who undermine the government.
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