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!

Moshe Feiglin: Katzav Not Guilty of Rape

It seems that a significant number of Israelis are not convinced that the conviction of former Israeli President Moshe Katzav is justified. In addition to the people I mentioned previously we have the leader of the Likud's Manhigut Yehudit faction Moshe Feiglin:

משה קצב אשם במה שאיש לא העז להאשימו, וזכאי לחלוטין מן העברות המרכזיות שבית המשפט הטיח בו. הטרדה ברמה כזו או אחרת – אולי, ואם זה נכון, זה חמור ומתועב מאוד מאוד, אבל אונס - ודאי שלא

A rough translation:

Moshe Katzav is guilty of what nobody dared accusing him of, and is totally innocent of the main crimes that the court convicted him of. Harassment on one level or another - perhaps, if it is true, is serious and is very,very abominable - but (of) rape, (he is) certainly not(guilty).

Who Thinks Katzav May Be Innocent?

Rabbi Shlomo Aviner:

Rabbi Shlomo Aviner, one of Religious Zionism's leaders, said Thursday that the former President Moshe Katsav was innocent, and that the Tel Aviv District Court should not have convicted him of the sexual offenses detailed in the indictment.

The rabbi stated that the case files had previously been revealed to him and his conclusion was that the man in question was innocent. His statements were first published on the Kipa website.

Ben-Dror Yemini:

Moshe Katzav was the victim of a feminist-leftist media lynch and his trial may well have been a mistrial, according to popular columnist Ben-Dror Yemini of Maariv.

Atty. Yoram Sheftel:

Maverick Israeli lawyer Yoram Sheftel says that justice was not served in the Katzav case and that the judges were unable to stand up to media pressure. “There is no evidence to back up the accusations,” Sheftel told Arutz 7.

Cosmic X:

The verdict is in. He may be guilty and he may not be. I do not have faith in the Israeli Judicial System.

Katzav Convicted of Rape and Molestation

The verdict is in. He may be guilty and he may not be. I do not have faith in the Israeli Judicial System:

A three-judge panel of the Tel Aviv District Court unanimously convicted this morning former President Moshe Katzav of all charges against him, except for that of harassing a witness. He was convicted on two counts of rape, one count of an indecent act, sexual harassment of three women, and an attempt to obstruct justice. It is not known when the sentence will be handed down.

The tensions had been high in anticipation of the reading of the ruling, but as soon as Court President George Kara began without declaring Katzav innocent, it was clear that he had been found guilty of at least one of the charges against him.

The judges declared that Katzav, a former Transportation Minister, should not have accused the media of "trying him publicly," because he himself "used the media to his advantage whenever he could."

The State Prosecution is now facing strong criticism for having offered a relatively moderate plea bargain offer to Katzav, while the women's groups have been empowered.

Public officials praised Israel's justice system. Justice Minister Yaakov Ne'eman said that the "commandment not to sway justice had been fulfilled," while Chief Justice Dorit Beinisch said that the ruling proves that all are equal before the law. The prosecutor in the case, Ronit Amiel, said that it shows the strength of Israel's democracy. A woman, known only by her first initial Aleph, accused Katzav over four years ago of attacking her more than once when she worked for him in the Transportation Ministry. Three other women also accused him of similar, though less serious, crimes. The charges by one accuser - another woman known as Aleph, who worked for Katzav in the President's office - were dropped over three years ago.

Katzav strongly denied the charges against him throughout the last four years. At one point, he even held an angry press conference, charging the media - and especially Channel Two - with waging a witch hunt against him.

The judges said that Katzav's testimony had been "replete with lies," and that he should have accepted the plea bargain that was offered him. He turned it down at the time, saying he would fight for his complete innocence.

Katzav's wife Gila was not in court. His son broke down in sobs when the ruling was read aloud, while Katzav himself remained stone-faced.

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.

Innocent Until Proven Guilty

In spite of the attempts by the Israeli MSM to convict President Moshe Katzav without a trial, I believe in the legal adage of "innocent until proven guilty."

This just in:

(IsraelNN.com) The Knesset House Committee voted several minutes ago to accept President Moshe Katzav's request to suspend himself from duties temporarily, and Knesset Speaker Dalia Itzik now is acting President.

The vote was 13-11 following an hour recess called by committee chairman Ruhama Abraham (Kadima), who failed to convince the members to reach a consensus.