Regarding the Book "Torat HaMelech" and the Arrest Warrant Issued to Rav Dov Lior

The issue of the possibility of incitement to violence by Rav Yitschak Shapira in his book "Torat HaMelech" is certainly not so clearly one of "silencing the right" or "silencing Jewish religious leaders" as many people wish to believe, and, in fact, as Rav Yoel Bin-Nun has pointed out, actually that is not at all the issue.

Everyone who wants to truly understand this issue should read Rav Yoel Bin-Nun's article at:

http://www.ynet.co.il/articles/0,7340,L-3939325,00.html

The article is in Hebrew, and I don't know if there is any available English translation of Rav Bin-Nun's article; but, then again, anyone who wants to discuss this issue intelligently has to be able to read Hebrew at a very high level of understanding in any case.

Rav Bin-Nun, a person who has actually read the book "Torat HaMelech" written by Rav Yitschak Shapira, makes the point that anyone who reads the book can see the opening it presents for wanton violence against other Jews (yes, that was in the book too, but as Rav Bin-Nun mentions, it was not discussed publicly at all), as well as against non-Jews (not only within recognized frameworks of war between the Jewish state and enemy states).

Additionally, Rav Aviner has also pointed out that we have never made a secret that in war situations killing occurs which would not be normally permissible, but that this does not mean that we permit such killing wantonly, without recourse to the state institutions which are entrusted with dealing with such situations. In short, taking someone's life in an impetuous manner is murder, even if you think that you can somehow justify his death as being for the "greater good".

Unfortunately, the way the book "Torat HaMelech" deals with these issues of taking someone's life can easily lead "hotheaded students" to feel that they have every right (and even a responsibility) to kill people whom they feel are "injurious to the Jewish people". Assembling together so many "Halachic discussions" relating to killing people who fall "outside of the proper way of behaving according to our authoritative interpretation of what that means"; can easily lead one to believe that the author's intention was indeed that the "hotheaded students" should feel that they have free rein to perform all sorts of abominable actions.

Even if the author did not intend that, he certainly violated the warning given in Pirkei Avot (1:11) by Avtalyon, "Sages be careful in what you say.."; and it is not surprising that the legal authorities in our country suspect him of incitement to violence.

Anyone who gave a Haskama to such a Sefer without reading it is reckless and irresponsible to say the least, and anyone who read the Sefer and still gave a Haskama shares the burden of violation of Avtalyon's warning, which is not "just a Mishnah with some advice", but a warning that this type of action can easily cause Chillul HaShem.

As someone who knows personally many of the people involved in this issue, I feel saddened that, once again, Rav Dov Lior, a man of deep Torah knowledge, has been drawn into something he should have been wise enough to steer clear of (but no one has ever guaranteed that much Torah knowledge ensures that one will be worldly-wise as well). Unfortunately, as many people who know Rav Lior well can attest, he tends to be drawn into situations which lead to suspicions of incitement; and if he hasn't learned how to steer clear of them until now, I truly hope that he will learn from the present situation to weigh these types of things very carefully (and to get proper advice from some excellent people who have been trying to keep him clear of these situations for many years), so that he never becomes entangled in such a situation again.

Since the Police have demanded that Rav Lior come in to answer questions for their investigation (and issued the arrest warrant when he refused), he should certainly make an appointment to meet with the Police and tell them that he has nothing to hide and explain the situation forthrightly to them in order to clear the atmosphere. I doubt that he actually intended incitement, but now, after so many unwise actions relating to this issue, he must first of all clear himself, and avoid such situations in the future.

Kashrut and Spirituality

As far as Kashrut and spirituality, in food and in the other parts of our lives, goes, we (and especially certain Rabbis in Bet Shemesh) should keep in mind the following facts:

1. Almost all of food Kashrut relates to some Lavim (prohibitions) in the Torah which, while important, are NOT extremely serious Torah violations.

2. Almost all of the "Kashrut exposés" which have been publicized in certain Kashrut lectures and on the Email lists have related either to technical problems with a Kashrut certificate (while the people who provide the food being discussed are known to be people who would never, in any case, feed other Jews non-Kosher food), or accusations that a store may be putting up a letter from a Mehadrin Kashrut organization on their wall in order to deceive people into thinking they have a Mehadrin Hechsher when they ONLY have a Hechsher certifying that their food is Kosher.

3. Sexual offenses against children (or adults) involve several very serious transgressions upon Torah law, and, in many cases, may involve transgressions with a Karet (excision) penalty, or even a capital crime by Torah law.

4. Any suspicions of sexual offenses must be meticulously investigated by the proper authorities who know how to deal with serious crimes like these, and must never be brushed off with statements like, "The accused is above suspicion, and this must be a case of the accusers trying to damage his reputation and nothing more," which Chazal warned against with their warnings like, "Ein Apotropus LeArayot," because we all know that on sexual matters a good reputation in religious circles does not guarantee that there will be no misconduct. In fact, in Jewish society today it is generally accepted that you can trust the Kashrut of the food that a "Frum Jew" who is a sexual offender (or criminal of some other type) feeds you. Indeed, quite a few instances have come to light of people who kept Kashrut very meticulously, but cheated others in business (or slept with other people's wives, or perpetrated some other sexual offense).

5. The only way someone who is falsely accused can truly clear his/her name, without any suspicions of cover-up, is if a serious investigation is conducted by the proper authorities, and, after thorough investigation, the conclusion is reached that the person did not commit any sexual offense. In certain cases it may be discovered, after serious investigation, that the accusations were false; but it is much more likely that the accusations are true if someone is willing to embarrass himself (and we all know that it is embarrassing in religious society to bring up sexual conduct in any case) by bringing up sexual misconduct perpetrated against him/her.

6. Even if somehow a sexual offender can be investigated without reporting him to the Police, what reliable guarantee can be given that he will get the counseling which he needs, be kept away from tempting situations in the future, and that innocent victims (both those in the past, and those whom he might potentially victimize in the future) will be protected from him? In many cases where a sexual offender was identified, the religious community simply "covered up" for him and, perhaps, had him transferred to a different community where he wasn't known as a sexual offender, but where he DID have every opportunity to victimize new unsuspecting victims.

It is clear from the above that investigation of suspected sexual abuse should be a MUCH HIGHER PRIORITY in the religious community than investigation of Kashrut suspicions (though neither deception with regard to sexual prohibitions and violations of them, nor deception with regard to Kashrut laws and violations of them, should be accepted and "brushed under the rug").

It would be good for all Jewish community leaders, especially those in Ramat Bet Shemesh, to take note of the above and to exert their influence to put the stronger emphasis where it belongs, and not to waste so much effort trying to publicize who does not have a Mehadrin Hechsher even though he is Kosher (which, in any case, any alert consumer can find out for himself).