Thursday, December 06, 2012

Nechemya Weberman and Moshe Katzav

Rabbi Yakov Horowitz posted on Cross Currents his thoughts about the Weberman case. Among other things he wrote:
Many centuries before the development of the current norms of behavioral transparency (which, for example, has made it common practice for a female nurse to accompany a male doctor who is examining a woman), our chazal (sages), in their infinite wisdom, created Hilchos Yichud, fulfilling their dictum in the opening words of Pirkei Avos (1:1), “Asu s’yog la’Torah (build a [protective] fence around the Torah).”

These laws were not developed for teens-at-risk. They were meant to protect everyone from the ferocious power that the Yetzer Ho’ra unleashes in these arenas. In fact, a governing principle of these halachos is “Ain apitropis l’arayos,” loosely translated to mean that there no exceptions whatsoever in their application regardless of the individual’s standing or piety.

Does the fact that Weberman violated Hilchos Yichud mean that he is guilty of the unspeakable crimes he is accused of? Not necessarily. But it does mean that he totally has lost his cheskas kashrus (presumption of innocence).

Since the trial began, countless people have asked, “What is to stop people from making such allegations against any of us?” The answer is responsible, Torah-true behavior, 24/7. If one lives his life in accordance with the letter and spirit of Hilchos Yichud, it is almost inconceivable that any allegation would gain traction, since the accuser will be unable to prove venue and opportunity.

This reminded me of what I wrote about the Katzav case a while back:
Let's assume for the sake of argument that Moshe Katzav is innocent. Katzav could have avoided this mess if he had kept the laws of yichud and negiah. With regards to negiah, apparently Moshe Katzav admits that he sometimes hugged female members of his staff. If he had acted in accordance to Jewish law with regards to these matters any attempt to slander him would have been immediately written off.

I know a God fearing doctor who will not perform bodily examinations on any of his patients unless a member of his staff is in the room with him. This is in order to avoid any claims of improper conduct on his part. Where I work, even the so-called secular Jews know that you don't hug or even shake hands with a religious member of the opposite sex.

I hope the case will lead to a strengthening of modesty in the workplace and in general.

Both cases teach us the importance of being strict with regard to rabbinical injunctions in general and yichud in particular. Chazal rock!

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