The NBA and the Elul Wager

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8 Responses

  1. mycroft says:

    Thus Rabbonim must be very careful not to pasken or make statements when they are nogeah badavar.

  2. rejewvenator says:

    No doubt, the standards set by the Torah and Chazal for recusal by judges is extremely high, as are the standards for ethical conduct of judges – stricter than those of the ABA. Unfortunately though, there is a massive diconnect. I have personally been advised to never submit to a Din Torah because so many of the batei din are problematic. Perhaps this Elul, what we need is some judicial reform?

  3. Bob Miller says:

    Rabbi Adlerstein,

    Not to pry, but can you describe your own makeover experiences and how you were able to accomplish them?

  4. Yitzchok Adlerstein says:

    Bob –

    If I could, I would be a major Mashgiach, not writing on a blog 🙁

  5. David Farkas says:

    I appreciate R. Adlerstein’s desire to be even handed, but the Scalia recusal case was a farce that Scalia rightly dismissed. Unlike the Breyer case, those calling for Scalia’s recusal were blatant left-wingers, with an axe to grind against both Scalia and Cheney. (The Sierra Club, if memory serves). As we are all too aware, attempts to be even handed, when not warranted, are worse than being one sided when warranted.

    Anyway. Just a nitpick. The thrust of the article is very nice. Good Shabbos.

  6. mycroft says:

    Iappreciate R. Adlerstein’s desire to be even handed, but the Scalia recusal case was a farce that Scalia rightly dismissed. Unlike the Breyer case, those calling for Scalia’s recusal were blatant left-wingers, with an axe to grind against both Scalia and Cheney. (The Sierra Club, if memory serves). As we are all too aware, attempts to be even handed, when not warranted, are worse than being one sided when warranted.

    Anyway. Just a nitpick. The thrust of the article is very nice. Good Shabbos.

    Comment by David Farkas

    I would hope that Cross Currents could keep away form domestic US politics=but since DavidFarkas opened the door -Scalia should have recused himself it had at least the appearance of impropriety-going with a vacation with a party who has an interest before the court.
    Of course, one could easily have written in 2000 in Bush v Gore-Scalia should have recused himself I believe his son was an attorney in a law firm representing Bush in the proceedings and Rhenquist’s daughter was on transition team of Bush-she became IG of HHS.
    I did not include people who had a political interst clearly some on both sides obviously preferred one or the other. I am talking about Recusal.
    In the Beyer case how much did he have invested in that pool at Lloyds of London.

  7. Akiva B says:

    .. I have personally been advised to never submit to a Din Torah because so many of the batei din are problematic.

    You have been advised to ignore a clear halacha in Shulchan Aruch, quite a serious one. You would be well advised to seriously consider what to do with such advice.

  8. michoel halberstam says:

    Response to Akiva B. Since the commentator you are addressing clearly has never said that one should be over on the issur of Arkaos, rather that one should avoid a Din Totah, there is actually a great deal one can do with this advice, Moreover, is it is true that there is aproblem wityh our batei din, an issue which goea far beyond the scope of this comment, we must address it and not simply hide behind the language of the Shulchan Oruch, who clearly never encountered or even imagined the levels of corruption one sees today. Frumkeit is a very good thing, but in this context it could actually damage the authority fo halacha

    If there is a problem with negiyos, we need to confront it and address it.

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