[net.religion.jewish] MTJ scandal & Rabbi Feinstein

abeles@mhuxi.UUCP (Joe Abeles (Bell Labs, Murray Hill, NJ)) (03/26/86)

The following article was written several days before the
passing away of Rabbi Feinstein on March 24, 1986:
----------
I was disturbed and somewhat shaken to learn about a scandal
that has been uncovered recently in New York's Lower East Side.
The scandal is centered in a yeshiva called MTJ (for Mesivta Tiferes
Yerushalaim) which is headed by the most prominent rabbinical
authority recognized by Orthodox ashkenazi Jews in the world,
R. Moshe Feinstein.

R. Feinstein is the man who has the last word on halacha today
as far as the Orthodox are concerned.  His position of leadership
is so distinguished that his decisions are considered to be
divinely sanctioned as a sage of this generation.

There is no suggestion made (not by anyone as far as I believe)
that R. Feinstein was in any way aware of these misdoings.  It
appears at present that two administrators of the school (one
was an ordained rabbi) "laundered" money taken in "off-the-books"
by small businesses for the express purpose of enabling them to
avoid taxes illegally.  The financially strapped yeshiva
derived needed operating funds from a small percentage of
the funds that passed through its hands (less than a percent).
However, this does not change the fact that it was illegal.
According to Halacha as I understand it, since it was illegal
according to the laws of the United States, it was also against
Halachic law.

If this were another institution, I would not raise an eyebrow.
But as I mentioned above, the personage of R. Feinstein is
so important that there is a (if you will) mystical aspect
to his leadership which is thought to extend to those human
endeavors with which he associates, and MTJ as his institution
of Jewish learning is certainly one of his more important associations.

To convey the mystical aspects of R. Feinstein's authority,
I will retell a supposedly true story related to an audience 
at Lincoln Square Synagogue by R. Nosson Scherman (sp?):

[Begin story:]

"An Orthodox woman had an unusual problem.  The very difficult situation 
was that her husband, thought to be killed in German concentration 
camps during the war, had reappeared in the 1970's very much alive.  
However, this put her and particularly her children in trouble because 
she had remarried following the war.  Now her children from that 
marriage were considered illegitimate under Jewish Law and 
therefore (as perhaps the worst consequence) would not themselves be 
permitted to marry.  In fact they were of marriageable age and
one was, I believe, engaged when this happened.

"This problem went from rabbi to rabbi, and none could think of
a solution.  Finally, it was brought to the "dean," R. Feinstein and 
he questioned her on the facts:  She explained how, following the
war, her husband (he had been in a concentration camp) was nowhere
to be found; it could be assumed that he was murdered by the Nazis.
But she didn't know what to do since there was no one to give 
her a "get (Jewish legal document authorizing divorce
which can only be issued by the husband to the wife)," and there
was no actual proof that he had been murdered among the 6,000,000.
She searched for help at that time and found Rabbi X (I don't remember
whether the name was given by R. Scherman), a widely respected
and well-known Orthodox authority in those days.  She told how
he had ruled that she could remarry, and thus she did.

"R. Feinstein remained silent while she recounted her story
of suffering and frustration.  When she had finished he continued
his silence for a moment.  Suddenly, in a motion totally uncharacteristic
of the learned sage, he brought his fist up and pounded down on
his desk.  The reverberation brought all who were present to
a shocked state of attention.  He spoke, 'It cannot be!  Such
a thing can never happen!'  In an impassioned voice he continued,
'After consideration of their individual cases, I myself have given 
permission to almost two thousand women to remarry under circumstances 
such as you have described and NOT ONE has ever returned with 
such a problem.'

'And,' he went on, 'I knew Rabbi X before he passed on, and he was
a greater man than I am today.   What you have described could not
have happened as a result of a Halachic decision rendered by Rabbi X!
You have not told the truth!'

The woman broke down and began to sob like a child.  'I admit everything,'
she cried.  I never met with Rabbi X.  I took it upon myself to remarry
because I could not find a rabbi who would allow it.  But I believed
my husband was gone forever; how could I have known...?'

In the end, the great R. Feinstein found a legal, Halachic way around 
the problem of her now-illegitimate children which reversed the
terrible conclusion that they could not marry within their religious
society, and the problem was indeed rectified."

[End of Story]

My interpretation of this story is that it strongly suggests that
the greatness of R. Feinstein extends to a certain mystical level
based on his position as perhaps the greatest Halachic expert
of this generation.  In other words, he really has remarkable
abilities which enables him to know who can remarry (because their
missing husband is, in fact, murdered) and who cannot remarry
(because their husband is very much alive but not yet reunited with
his wife).  Either this knowledge derives directly from a divine
source or, because of the tremendous validity of Halacha, his
mastery of Halacha enables him to make decisions and judgements
correctly which cannot be fathomed by any other means at our
disposal (so far as is known at the present state of human affairs).
The point is that R. Feinstein is the symbol of the validity
of Halacha, and therefore the entire Ashkenazic Orthodox "hashkafa
(philosophy of life)," and that he reflects the divinity of Halacha.

In light of this, the MTJ scandal takes on larger proportions.
Something is wrong!  Does R. Feinstein symbolize something greater
than ordinary or not?  How is it that a man who can tell by
looking at a woman and hearing her story whether or not her
lost husband is dead or alive cannot tell by talking to his
administrators where they are getting the funds to run his
yeshiva?

I must ask, is the story told by R. Scherman even true or is it
a complete fabrication?  R. Scherman is the man behind the respected
"Mesorah Art Scroll" series of reprints of traditional texts,
of which all Orthodox readers are aware.  Would he fabricate
such a story?

Finally, isn't this scandal really challenging our beliefs in
Orthodox Halacha?  Something must be wrong with Orthodox Halacha
if its main proponent cannot run a Halachic yeshiva.  Remember,
this isn't politics, and a yeshiva isn't the Parking Violations
Bureau.  (Nobody ever claimed that governmental organizations
are divinely inspired--we just try to keep them running as fairly
as possible and if and when we find corruption the underpinnings
of the system are not implicitly challenged)

But if you answer that this isn't enough to challenge your belief
in accepted Orthodox Halacha (for it has certainly challenged mine), 
I put to you the question:  What would it take to challenge your 
belief in Halacha?  If your answer is that nothing can, that your 
belief is unshakable, I suggest that you study the history of certain
sects of Jews which considered themselves to be the main stream
of historical Judaism which withered away and died some 2000
years ago.

--J. Abeles
  ihnp4!mhuxm!abeles