Tuesday, March 29, 2005

Exclusive: The full press release from the Rabbinical Council of America regarding the expulsion of Rabbi Mordechai Tendler

64 Comments:

At 10:06 AM, Blogger jewishwhistleblower said...

1) RCA puts expulsion information on website

http://www.rabbis.org/news/031805.cfm

Press Release
RCA Expels Member
- March 18, 2005 -

With regard to the recent action taken by the Rabbinical Council of America, in regard to Rabbi Mordecai Tendler, a copy of the statement can be obtained by those wishing to receive it by calling the RCA at 212 807 7888 or e mailing info@rabbis.org. There will be no further public comment by the RCA on the matter.

2) Jewishwhistleblower requests and receives a copy of the press release from RCA directly.

From : Rabbinical Council of America rca1@rabbis.org
Sent : Tuesday, March 29, 2005
To : "jewish whistleblower"
Subject : RE: Please send a copy of statement in regard to Rabbi Mordechai Tendler

Attachment : TendlerPressRelease.doc (0.04 MB)

Attached please find the statement you requested.

Rabbinical Council of America
305 Seventh Avenue
New York, NY 10001
212-807-7888
212-727-8452 - Fax
office@rabbis.org
www.rabbis.org

-----Original Message-----
From: jewish whistleblower
Sent: Tuesday, March 29, 2005
To: info@rabbis.org
Subject: Please send a copy of statement in regard to Rabbi Mordechai
Tendler

Please send me a copy.

Thank you.

>With regard to the recent action taken by the Rabbinical Council of
>America, in regard to Rabbi Mordecai Tendler, a copy of the
>statement can be obtained by those wishing to receive it by calling
>the RCA at 212 807 7888 or e mailing info@rabbis.org. There will be
>no further public comment by the RCA on the matter.

3) Copy of official press release

RABBINICAL COUNCIL OF AMERICA
305 Seventh Avenue
New York, NY 10001
212 807 7888
www.rabbis.org

Friday March 18th 2005

Findings of The Rabbinical Council of America
Regarding Allegations Made Against
Rabbi Mordecai Tendler

After months of careful and painful deliberation, the Rabbinical Council of America has concluded that:
1. Rabbi Mordecai Tendler has refused to cooperate with the Vaad HaKavod in its investigation and has refused to appear at a hearing; and
2. Rabbi Mordecai Tendler has engaged in conduct inappropriate for an Orthodox Rabbi.
Therefore Rabbi Mordecai Tendler has been expelled from the Rabbinical Council of America.

There will be no further comment from any official of the RCA on this matter.

About the RCA:
The Rabbinical Council of America, with national headquarters in New York City, is a professional organization serving over 1000 Orthodox Rabbis in the United States of America, Canada, Israel, and around the world. Membership is comprised of duly ordained Orthodox Rabbis who serve in positions of the congregational Rabbinate, Jewish education, chaplaincies, and other allied fields of Jewish communal work.

Rabbi Dr. Basil Herring
Executive Vice President
The Rabbinical Council of America
bherring@rabbis.org
212 807 7888

 
At 11:48 AM, Anonymous Anonymous said...

THE RCA IS AN ORGANIZATION MADE UP OF MEDIOCRE RABBONIM WHO'S PRIMARY OBJECTIVE IS TO PROTECT THE RCA-OU-YU. THUS, THEIR DECISSION IS OF NO MAJOR SIGNIFICANCE ON THIS MATTER (OR ANY OTHER MATTER). AS PER THE PESAK OF R' DOVID FEINSTEIN, RABBI MORDECHAI TENDLER REMAINS INNOCENT, HIS ACCUSERS LIARS AND THE BLOGGERS BAALEI LOSHON HORAH, AS NO EVIDENCE HAS EVER BEEN PRESENTED TO INDICATE OTHERWISE.

 
At 11:48 AM, Anonymous Anonymous said...

THE RCA IS AN ORGANIZATION MADE UP OF MEDIOCRE RABBONIM WHO'S PRIMARY OBJECTIVE IS TO PROTECT THE RCA-OU-YU. THUS, THEIR DECISSION IS OF NO MAJOR SIGNIFICANCE ON THIS MATTER (OR ANY OTHER MATTER). AS PER THE PESAK OF R' DOVID FEINSTEIN, RABBI MORDECHAI TENDLER REMAINS INNOCENT, HIS ACCUSERS LIARS AND THE BLOGGERS BAALEI LOSHON HORAH, AS NO EVIDENCE HAS EVER BEEN PRESENTED TO INDICATE OTHERWISE.

 
At 11:49 AM, Anonymous Anonymous said...

THE RCA IS AN ORGANIZATION MADE UP OF MEDIOCRE RABBONIM WHO'S PRIMARY OBJECTIVE IS TO PROTECT THE RCA-OU-YU. THUS, THEIR DECISSION IS OF NO MAJOR SIGNIFICANCE ON THIS MATTER (OR ANY OTHER MATTER). AS PER THE PESAK OF R' DOVID FEINSTEIN, RABBI MORDECHAI TENDLER REMAINS INNOCENT, HIS ACCUSERS LIARS AND THE BLOGGERS BAALEI LOSHON HORAH, AS NO EVIDENCE HAS EVER BEEN PRESENTED TO INDICATE OTHERWISE.

 
At 11:49 AM, Anonymous Anonymous said...

THE RCA IS AN ORGANIZATION MADE UP OF MEDIOCRE RABBONIM WHO'S PRIMARY OBJECTIVE IS TO PROTECT THE RCA-OU-YU. THUS, THEIR DECISSION IS OF NO MAJOR SIGNIFICANCE ON THIS MATTER (OR ANY OTHER MATTER). AS PER THE PESAK OF R' DOVID FEINSTEIN, RABBI MORDECHAI TENDLER REMAINS INNOCENT, HIS ACCUSERS LIARS AND THE BLOGGERS BAALEI LOSHON HORAH, AS NO EVIDENCE HAS EVER BEEN PRESENTED TO INDICATE OTHERWISE.

 
At 11:49 AM, Anonymous Anonymous said...

THE RCA IS AN ORGANIZATION MADE UP OF MEDIOCRE RABBONIM WHO'S PRIMARY OBJECTIVE IS TO PROTECT THE RCA-OU-YU. THUS, THEIR DECISSION IS OF NO MAJOR SIGNIFICANCE ON THIS MATTER (OR ANY OTHER MATTER). AS PER THE PESAK OF R' DOVID FEINSTEIN, RABBI MORDECHAI TENDLER REMAINS INNOCENT, HIS ACCUSERS LIARS AND THE BLOGGERS BAALEI LOSHON HORAH, AS NO EVIDENCE HAS EVER BEEN PRESENTED TO INDICATE OTHERWISE.

 
At 4:54 PM, Blogger Reb Yudel said...

Looks like they were paying the press-release writer by the word.

The problem with trying to divine any meaning from the release is that one can't necessary assume that the RCA people who worded the release thought about the possible interpretations in this blog and other fora. About 15 years ago the RCA tried to expel Yitz Greenberg, and were totally stunned when it became a news story in the Forward and the Jewish Week. The RCA backed down, apparently shocked by the concept of an independent press.

The RCA statement seems like maximum liability prevention -- they avoid liability for legitimzing MT, whie also avoiding liability for libeling him. In fact, his refusal to appear spared them the necessity of making any judgement of the allegations at all.

 
At 5:11 PM, Blogger jewishwhistleblower said...

Dear readers, please bear with me.
Blogger has had significant technical problems over the past few days. Between that and the significant increase in traffic to this site there have been significant and unprecedented problems posting comments.

On my side, it has been difficult to post as well.

Hopefully, those troubles have ended or will end shortly.

Please compose and save your comments before attempting to post to avoid losing your information.

 
At 5:43 PM, Anonymous Ex President said...

Although I stated I would not post anymore, I feel the need to convey this message. I would like to make a comment to all those that read the blogs, if I may, especially those associated with KNH or live and know about the community. I have noticed that there are members, Board members, and others associated with KNH in some way, that are posting under their true names, or as "anonymous". The blogs, as all of us know and have seen, contain completely inaccurate information and outright lies that simply fuel the fire of controversy. More importantly, it puts doubts and questions in people's minds that allows one to paint a picture of the situation that is completely false. Since we are all human and prone to the "tabloid like" and salacious comments that are posted, we then tell others the "gossip" that we read or heard about on these sites. As misinformation is trickled down from one to the next, and no doubt gets changed and modified along the way, spreading these rumors becomes a very dangerous weapon. It is like an addiction, but the dangerous side effects in this case are known as Loshen Hara, Motzei Shem Ra, and Rechilus. Any fearful Jew who even slightly has a sense of common decency and respect for Torah should know that reading blogs is contrary to all of the Chofetz Chaim's teaching. By now we have all heard, and may have actually read, the post in the name of Jean Joffen, that was on one of the blogs. How much more sick could it get or what better proof does one need to see what blogs are all about. I think the Board needs to inform the membership that it is unhealthy to read the blogs and for sure, even more unhealthy to post. If you look at blogs in general, other than jewishwhistleblower, newhempsteadnews, and jewishidea, you will see that at most, comments to these blogs get maybe 5-10 responses at most. Jewishwhistleblower has gotten on some posting related to the Rabbi of 150+ per storyline. Bloging is like reproductive cycle of rabbits, it is rampant and continuously multiplies. People need to stop blogging so that the individuals behind the blogs wind up with only a handful of people communicating. While we can appreciate the need and desire for people to try to set the record straight, by posting information, even the true information winds up getting twisted around, and new rumors break off of that. But ultimately, no one can determine which is truth and which is sheker. People, especially members should realize that ultimately, it is in the best interest of the Rabbi and KNH to refrain from blogging and to refrain in general from reading them as well. You will also no doubt, help to save the soul of JWB as well.

 
At 5:47 PM, Anonymous Anonymous said...

You really are desperate! Once you fell flat on your face with your assertions and insistence that the Feinsteins are not behind Rabbi Tendler, your true colors have come out. You post all the old allegations, for no purpose other then to try to recreate a hue and cry, when it is clear that until there is something new and definitive,the general perception is that this is a witch hunt, and those who have lead it are desperately doing anything to regain footing. Where is all the promised "evidence"?...the "wait for Sunday night"? enough with the rumour mongering and sheker!!

 
At 6:01 PM, Blogger jewishwhistleblower said...

Ex-president explains to us how he values silence more than the cries of women.

Anonymous fails to explain why Rabbi Mordechai Tendler after a 15+ month investigation is expelled from the RCA and no longer teaching at YU.

>You really are desperate!

Not at all.

>Once you fell flat on your face
>with your assertions and
>insistence that the Feinsteins
>are not behind Rabbi Tendler,

No question it appears I am wrong. I am shocked they would provide support of any sort to this Rasha given private comments made about him in the past. But then again look at how Rav Dovid treated Rabbi Nosson Slifkin.

>your true colors have come out.
>You post all the old
>allegations,

So abusing numerous women over decades is OK because they weren't all abused yesterday.

>for no purpose other then to try
>to recreate a hue and cry, when
>it is clear that until there is
>something new

Like an expulsion from the RCA and cancellation of his seminar at YU?

>and definitive,the
>general perception is that this
>is a witch hunt, and those who
>have lead it are desperately
>doing anything to regain
>footing.

Not at all. I'm here for the long run. I believe Rabbi Mordechai Tendler is a rasha and is an ongoing danger to others for the rest of his life.

>Where is all the
>promised "evidence"?...the "wait
>for Sunday night"? enough with
>the rumour mongering and
>sheker!!

I made no such assertions. But wait and see. This fight continues and has only begun.

You follow a rasha.

 
At 6:11 PM, Blogger jewishwhistleblower said...

1) The exposing of Rabbi Mordechai Tendler has begun.
2) The institutions of the community are beginning to distance themselves from RMT.
3) The silence and incompetence of the RCA has been exposed.
4) The failure of leadship in the agunah movement has been exposed.
5) The inability of the Orthodox Jewish community to deal with sexual predators has once again been publicly demonstrated.
6) Numerous morons from KNH are reading this blog and expousing how important it is to shut up the victims/survivors of their sexual predator Rebbe (and shut up and vilify their supporters as well) and refuse to answer any question I've posed here.

Seems everything I've been saying for over a year on blogs has once again been demonstrated.

Overall: A good few weeks and a good beginning for much more to come.

It will take a lot of time to expose the corruption and monsters in our community. It will take a lot of effort to clean things up. But it is important to do, and we are making a good start here.

RMT's enablers and protectors now stand exposed and for the first time ever, they are the ones on the defensive.

About time.

 
At 6:16 PM, Anonymous Anonymous said...

You really are desperate! Once you fell flat on your face with your assertions and insistence that the Feinsteins are not behind Rabbi Tendler, your true colors have come out. You post all the old allegations, for no purpose other then to try to recreate a hue and cry, when it is clear that until there is something new and definitive,the general perception is that this is a witch hunt, and those who have lead it are desperately doing anything to regain footing. Where is all the promised "evidence"?...the "wait for Sunday night"? enough with the rumour mongering and sheker

 
At 6:16 PM, Anonymous Anonymous said...

You really are desperate! Once you fell flat on your face with your assertions and insistence that the Feinsteins are not behind Rabbi Tendler, your true colors have come out. You post all the old allegations, for no purpose other then to try to recreate a hue and cry, when it is clear that until there is something new and definitive,the general perception is that this is a witch hunt, and those who have lead it are desperately doing anything to regain footing. Where is all the promised "evidence"?...the "wait for Sunday night"? enough with the rumour mongering and sheker

 
At 6:16 PM, Anonymous Anonymous said...

You really are desperate! Once you fell flat on your face with your assertions and insistence that the Feinsteins are not behind Rabbi Tendler, your true colors have come out. You post all the old allegations, for no purpose other then to try to recreate a hue and cry, when it is clear that until there is something new and definitive,the general perception is that this is a witch hunt, and those who have lead it are desperately doing anything to regain footing. Where is all the promised "evidence"?...the "wait for Sunday night"? enough with the rumour mongering and sheker

 
At 6:16 PM, Anonymous Anonymous said...

You really are desperate! Once you fell flat on your face with your assertions and insistence that the Feinsteins are not behind Rabbi Tendler, your true colors have come out. You post all the old allegations, for no purpose other then to try to recreate a hue and cry, when it is clear that until there is something new and definitive,the general perception is that this is a witch hunt, and those who have lead it are desperately doing anything to regain footing. Where is all the promised "evidence"?...the "wait for Sunday night"? enough with the rumour mongering and sheker

 
At 6:18 PM, Blogger jewishwhistleblower said...

Repetitive identical postings are for the desperate.

 
At 7:29 PM, Anonymous Shmarya said...

Without making any judgement as to RMT's guilt or innocence (my contacts with him were always professional, and I have no first-hand knowlege about the allegation), I find his uncle's position to be quite suspect.

R. Dovid Feinsten recently signed a ban labeling R. Nosson Slifkin a heretic and his book heresy. He did so without reading the books and without speaking to Rabbi Slifkin or his rabbinic supporters. While he now admits (only when asked, not as a retraction) that neither R. Slifkin or his books are kefira, Rav Dovid refuses to remove his signature from that ban.

Rav Dovid did not allow due process, and ruined a man's life with far less care than the RCA showed.

Why should Rav Dovid's pleas for due process be taken seriously when he has so publicly, and so recently, denied due process to one much weaker than him?

 
At 7:51 PM, Anonymous Anonymous said...

I suspect that JWB is actually Rabbi Yosef Blau. Wouldn't that be a kicker?!

 
At 7:57 PM, Blogger jewishwhistleblower said...

>I suspect that JWB is actually
>Rabbi Yosef Blau. Wouldn't that
>be a kicker?!

No one would be more suprised then me.

Hmmm Fishing...............

Go fish!

 
At 8:04 PM, Blogger jewishwhistleblower said...

>Why should Rav Dovid's pleas for
>due process be taken seriously
>when he has so publicly, and so
>recently, denied due process to
>one much weaker than him?

Rasha Rabbi Mordechai Tendler had a 15+ month investigation, he was afforded every consideration. The problem was he and his supporters chose to intimidate witnesses and tamper with the process.

Decent, Rabbi Nosson Slifkin was given zero opportunity to defend himself.

 
At 8:14 PM, Anonymous Anonymous said...

"It Hurts" (Leaving a Cult)

By Jan Groenveld

IT HURTS to discover you were deceived - that what you thought was the "one true religion," the "path to total fredom," or "truth" was in reality a cult.

IT HURTS when you learn that people you trusted implicitly - whom you were taught not to question - were "pulling the wool over your eyes" albeit unwittingly.

IT HURTS when you learn that those you were taught were your "enemies" were telling the truth after all -- but you had been told they were liars, deceivers, repressive, satanic etc and not to listen to them.

IT HURTS when you know your faith in God hasn't changed - only your trust in an organization - yet you are accused of apostasy, being a trouble maker. It hurts even more when it is your family and friends making these accusations.

IT HURTS to realize their love and acceptance was conditional on you remaining a member of good standing. This cuts so deeply you try and suppress it. All you want to do is forget - but how can you forget your family and friends?

IT HURTS to see the looks of hatred coming from the faces of those you love - to hear the deafening silence when you try and talk to them. It cuts deeply when you try and give your child a hug and they stand like a statue, pretending you aren't there. It stabs like a knife when you know your spouse looks upon you as demonised and teaches your children to hate you.

IT HURTS to know you must start all over again. You feel you have wasted so much time. You feel betrayed, disillusioned, suspicious of everyone including family, friends and other former members.

IT HURTS when you find yourself feeling guilty or ashamed of what you were - even about leaving them. You feel depressed, confused, lonely. You find it difficult to make decisions. You don't know what to do with yourself because you have so much time on your hands now - yet you still feel guilty for spending time on recreation.

IT HURTS when you feel as though you have lost touch with reality. You feel as though you are "floating" and wonder if you really are better off and long for the security you had in the organization and yet you know you cannot go back.

IT HURTS when you feel you are all alone - that no one seems to understand what you are feeling. It hurts when you realize your self confidence and self worth are almost non-existent.

IT HURTS when you have to front up to friends and family to hear their "I told you so" whether that statement is verbal or not. It makes you feel even more stupid than you already do - your confidence and self worth plummet even further.

IT HURTS when you realize you gave up everything for the cult - your education, career, finances, time and energy - and now have to seek employment or restart your education. How do you explain all those missing years?

IT HURTS because you know that even though you were deceived, you are responsible for being taken in. All that wasted time........ at least that is what it seems to you - wasted time.

THE PAIN OF GRIEF

Leaving a cult is like experiencing the death of a close relative or a broken relationship. The feeling is often described as like having been betrayed by someone with whom you were in love. You feel you were simply used.

There is a grieving process to pass through. Whereas most people understand that a person must grieve after a death etc, they find it difficult to understand the same applies in this situation. There is no instant cure for the grief, confusion and pain. Like all grieving periods, time is the healer. Some feel guilty, or wrong about this grief. They shouldn't -- It IS normal. It is NOT wrong to feel confused, uncertain, disillusioned, guilty, angry, untrusting - these are all part of the process. In time the negative feelings will be replaced with clear thinking, joy, peace, and trust.

YES - IT HURTS BUT THE HURTS WILL HEAL WITH TIME, PATIENCE & UNDERSTANDING

There is life after the cult

 
At 8:26 PM, Anonymous Anonymous said...

If you are a survivor of Rabbi Mordechai Tendler you might be interested in consulting with an attorney. I think there's enough evidence for a class action suit. There's an attorney who I think might represent you if there's a few of you interested.

Believe me he can't be bought by Tendler or any of his followers.

His number is 212-595-1444, ext.2

Remember there is strength in numbers. There are so many of you, I think you stand a chance.

 
At 8:54 PM, Anonymous Anonymous said...

Thank you JWB for all you are doing to expose the sickness in the frum community. Thank you to the Tendler survivors for your strength in coming forward.

 
At 9:44 PM, Anonymous Anonymous said...

Anonymous said...
"Thank you to the Tendler survivors for your strength in coming forward."

Why do people keep calling them "survivors"? If the events are true, then with the exception of one woman who refused RMT's advances thus maintaining her integrity, the other women were fully aware of what they were engaging in and are as slutty as RMT is reprehensible!

If their story is not true, well then, what can we say about them?

 
At 9:47 PM, Anonymous Anonymous said...

Can you confirm that there were 10 separate women making allegations against R' Tendler (which the initial post in this chain implied)?

 
At 9:57 PM, Anonymous Anonymous said...

My sources told me there were more then 10 survivors.

When a person seeks professional counseling (including rabbinical counseling)from someone, they are no longer in an adult - adult relationship. The professional is like a parent. The person seeking counseling is like a child. When a professional manipulates someone they are counseling into having sexual relations it is considered a form of sexual assault.

The women that Mordecai Tendler had sexual relations with are not on the same standing as he. They saw him as someone with power and control. In this sort of situation it is considered rape.

 
At 10:31 PM, Anonymous Anonymous said...

I think i got it - JWB is SATAN bechvodo uveatzmo.

 
At 10:44 PM, Blogger jewishwhistleblower said...

>I think i got it - JWB is SATAN
>bechvodo uveatzmo.

Nope.

It seems you're fishing without a net or a line.

 
At 10:48 PM, Blogger jewishwhistleblower said...

What does kavod have to do with Satan?

This is what happens when you follow a Rasha like RMT, everything gets turned upside down.

It's Hashem bechvodo uveatzmo.

 
At 2:17 AM, Anonymous Anonymous said...

This site is sick, sick, sick.

 
At 4:29 AM, Anonymous Anonymous said...

why bother fishing for crap? You can find it floating on the top of water stinking up the place.

 
At 5:24 AM, Blogger jewishwhistleblower said...

>This site is sick, sick, sick.

Folks, I could delete all of the KNH/RMT enabler posts. But they are so bizzare and disturbing, I will leave them. They are a window into the world of this RMT cult-like group.

Apparently, they can not articulate answers to any of the numerous questions I have posted.

 
At 5:55 AM, Anonymous Anonymous said...

To the person who wrote:

"Why do people keep calling them "survivors"? If the events are true, then with the exception of one woman who refused RMT's advances thus maintaining her integrity, the other women were fully aware of what they were engaging in and are as slutty as RMT is reprehensible!"


In spite of your vast ignorance, here is hoping that you, your sister, your daughter, your mother, never encounter such a manipulative creep abusing so-called spiritual authority.

 
At 5:58 AM, Anonymous Anonymous said...

JWB wrote:

"Folks, I could delete all of the KNH/RMT enabler posts. But they are so bizzare and disturbing, I will leave them. They are a window into the world of this RMT cult-like group."

I agree. It's important to observe the extent of their twistedness and denial.

And you never know, when the day comes they ever wake up, they'll have something to compare and contrast.

 
At 6:42 AM, Anonymous Anonymous said...

To all the supporters of cult leader Mordechai Tendler,

If this blog is so evil, why are you here reading it?

If it's lashon hara, why are you so obsessed with it?

The reality is that it is hard to face the truth. It's both sad and scary that the person you admired most turned out to be an alleged sociopath, and that you were taken in by him. Many people were, and have been for years.

It's ok to admit you made a mistake and your judgement was off with this one. It can happen to anyone.

There's many articles out there that can help you. Just google the term "mind control", "psychological manipulation", or even the term "cults". There's help for you out there if you just look, or ask.

 
At 6:43 AM, Anonymous Anonymous said...

At 5:55 AM, Anonymous said...

In spite of your vast ignorance, here is hoping that you, your sister, your daughter, your mother, never encounter such a manipulative creep abusing so-called spiritual authority.

IMHO: RMT = manipulative, creep, abusive, a so-called spiritual authority - ABSOLUTLY YES!

However, the women who knew he was married (and therefore engaging in illicit relationship without care or concern for his wife and children) = Victims and survivors? I think not.

Certainly MT was in a position of leadership, but that does not absolve these women from responsibility and transform them into what another blogger termed "rape victims". Did they loose their capacity for rational thought or the ability to turn their heads from side to side to say "NO"? They were women being martially counseled (that means they understand what marriage is and are trying to make their's work) not women being given shock treatment for loss of rational thinking.

If these allegations are true, then RMT is a disgusting creep who abused his rabbinic position - but IMHO his tryst partners are far from innocent victims - certainly not survivors.

 
At 6:56 AM, Anonymous Anonymous said...

First off I am NOT the person who runs this blog. I'm a caring outsider (of the Tendler Shul) looking in.

When you think in terms of Tendler as being a manipulative cult leader, it's not difficult to understand how the women were taken in by him.

All one needs to do is to learn about cults. The majority of cult leaders have sexual relations with their followers. These manipulative individuals also know how to talk mothers into letting them have sexual relations with their own children. How normal is that? There's more to the story then what you are able to comprehend at this time. My wish for you is that you will take some time out before posting again, and read up on cults, manipulations and sexual violence (rape).

If these women would have been in any other situation they most likely would not have been able to be seduced by a cult leader.

 
At 7:44 AM, Anonymous Anonymous said...

Here's a question for JWB. You claim RMT is a rasha. A monster. A predator. If you had your druthers, what would you like to see done to him? A life sentence in jail? Public flogging? Exile to Tunisia? Death?

You're very vocal about how evil this man is - what do you suggest is an appropriate punishment?

 
At 10:26 AM, Blogger jewishwhistleblower said...

>Here's a question for JWB. You
>claim RMT is a rasha. A monster.
>A predator.

Correct.

>If you had your druthers, what
>would you like to see done to
>him? A life sentence in jail?
>Public flogging? Exile to
>Tunisia? Death?

I'm more concerned that he is exposed and removed from any position of authority in the Jewish world. My concern is protecting people from him.

>You're very vocal about how evil
>this man is - what do you
>suggest is an appropriate
>punishment?

Not my bag dude. The appropriate punishments in this world aren't available till we have a beis din. Till then, real punishment will be in the next world not this one.

 
At 10:14 AM, Anonymous Anonymous said...

i don't know the tendlers as i reside hours from the ny metro area. however, that doesn't mean i was born last night. when i read a tendler supporter's posting that there is no way he could be a preadator since HE'S WALWAYS WEARING TEFILLIN, i said to myself, wait a second this guy here is making a very interesting point.

does anyone remember the classic legend (found in yalkut me'am loez and others) about the charlatan who was wearing tefillin all day. AL TE-HEE TZADIK HARBAY. whenever somebody is overtly over religious that is when you really better start being suspicious.

in psychoanalysis there is also such a principle, i.e. reaction formations; defense mechanisms.

anyways, i just wanted to add my humble opinion - that this tendler supporter wan't too smart. maybe all the rest of them are also too blind to see through his unbecoming kapotte.

 
At 8:23 PM, Anonymous Anonymous said...

actually, what he said was that rabbi tendler always wore tefillin when meeting with women alone. i dont know if that is true, but that is what he said. Rabbi tendler does NOT always wear tefillin regularly. He may however, wear them when he is meeting with women alone. THAT is what was stated by that supporter.

 
At 10:04 AM, Anonymous Anonymous said...

"In spite of your vast ignorance, here is hoping that you, your sister, your daughter, your mother, never encounter such a manipulative creep abusing so-called spiritual authority."

I'm actually not the guy who wrote this in this thread, but I wrote something similar in a previous thread, so I'll respond.

I find it hard to believe that there are people of such childlike simplicity that they can genuinely believe that such activities are hunky-dory simly based on the fact that Tendler says so. It makes no difference what kind of "manipulative creep abusing so-called spiritual authority" Tendler is. These women knew what they were doing and deserve what they got. And what they will get, eventually.

Not that I'm a big fan of Tendler either, of course. But calling these women victims and survivors is absurd. Let's see grown-up people take some responsibility for their own actions.

 
At 10:41 AM, Blogger jewishwhistleblower said...

>It makes no difference what kind
>of "manipulative creep abusing
>so-called spiritual authority"
>Tendler is. These women knew
>what they were doing and deserve
>what they got. And what they
>will get, eventually.

I hope you remember what you wrote when your wife/daughter/mother next goes to a doctor/lawyer/professional of some sort for some problem that leaves them vulnerable and open to manipulation and they use that relationship to abuse/exploit your relative.

I hope that when your daughter's marriage breaks up (as is statistically likely) that you remember what you wrote here when she goes to rabbis/lawyers for desperate help fearing she may be left an agunah for the rest of her life and never have another child.

You sir are despicable and vile as are all your words. But they truly exemplify all that is KNH, all that has and will enable rasha Rabbi Mordechai Tendler.

 
At 10:50 AM, Blogger jewishwhistleblower said...

As to the Rabbonim supporting Rabbi Mordechai Tendler and the obligation of klal Israel in regard to their "psaks" in support of RMT.

http://hirhurim.blogspot.com/2005/04/daas-torah.html (for full article)
...
The possibility that the greatest of scholars can err in strict halachah is explicit in Vayikra (4:13 see Rashi). Even in that case, an individual who is convinced that the Sanhedrin erred may not rely on their decision (Horayot 2b).
...

 
At 12:40 PM, Anonymous Anonymous said...

JWB: Give us all a break from your basing your views on torah and gedolim for support. You aren't fooling anyone. It doesn't matter to you which gadol comes out in favor of rabbi tendler. According to you, they will all be wrong. Even if it is a gadol who's opinion who consider valid (if there are any), all your readers know that, like you did with Rav Dovid Feinstein, you will first bring proofs and arguements FOR your position from him, and then when you find out that the gadol REALLY holds NOT like you, you will vilify and denounce that gadol and declare him irrelevant since he disagrees with you. PLEASE give us all a break from your basing your views on torah and gedolim for support. Have any of the thus far issued any psak or even spoken AGAINST rabbi mordechai tendler? The RCA's vaad hakovod is neither posek, dayan, or beis din. There are only a few (i think 2) rabbis on the committee to begin with. The rest are counselors and psychologist type people.

 
At 3:01 PM, Anonymous KNH 4 Ever said...

actually, i heard that all the members of the five member board that reviewed this are RCA rabbis, but i agree with your point since they are not dayanim and they did not issue a psak. The issue that rav dovid feinstein has with the RCA is that they stated factually as a psak that rmt was "guilty of conduct unbecoming an orthodox rabbi", and they had no authority to issue such a "psak" since they did not conduct a din torah with a beis din. Therefore Rav Dovid Feinstein said that what the RCA said was null and void. Just a clarification.

 
At 7:23 PM, Anonymous Anonymous said...

Rav Dovid Feinstein is an uncle of MT ... a relative ....
Therefore, anything Rav Feinstein says in reference to MT is null and void.
The Psak of the RCA remains!

 
At 8:46 PM, Anonymous Anonymous said...

It is comical that anyone thinks that what they write on these blogs has any impact on Rav Dovid, or on the validity of his psak! While i am sure that you are all completely qualified to disagree with Rav Dovid Feinstein, there is no reason why someone can't pasken for a relative. It is not "aidus" (testimony) which is when halacha says that a relative can't do something for a relative. Again, you may disagree with Rav Dovid, but you are baseless to call Rav Dovid's psak "null and void". Sorry.

 
At 9:02 PM, Anonymous Anonymous said...

i'm just going to use some lines from JWB and reccomend that if people have an issue with this:

<<"11:54 PM, jewishwhistleblower said... Why don't you phone Rav Dovid and Rav Reuven directly and ask them if they are supporting Rabbi Mordechai Tendler and will personally vouch for his "good character"? ">>

I think that everyone knows that the answer is yes.

<<"At 11:45 AM, jewishwhistleblower said.
The people here defending Rabbi Mordechai Tendler, don't know him anywhere as long or as well. Maybe they should speak to Rav Dovid and Rav Reuven before defending him further. Not a matter of belief. Just the facts. Rabbi Mordechai Tendler is a Rasha, no one knows that better than people in his family.
Which is why people should take their position on Rabbi Mordechai Tendler seriously.">>

Indeed, people on this blog SHOULD take their position seriously. And we all know now how Rav Dovid really feels. Thanks JWB for your helpful comments. I couldn't have said it better myself! (btw, Rav Reuven was committed to a speaking engagement that night, or he also would have spoken at the KNH meeting. His wife, Rebbetzin Sheila Feinstein was at the meeting, with a letter from Rav Reuven supporting Rabbi Mordechai Tendler)

 
At 4:59 PM, Blogger Truth said...

What were the names of the rabbis or "laymen" on the committee" that "judged" rabbi Tendler?..... Does anyone know?..... Additionally, since expelling Rabbi Tendler out of the the RCA at this present critical juncture in the present atmosphere of (Jewish)press animosity toward orthodox rabbis and the general atmosphere of abuse phobia vis a vis religious institutions would naturally be a tremendous blow for rabbi Tendlers reputation and an awesome embarrasment to him and his prominent family and considered a verification of the charges against him(even if they are not in actuality). By expelling him from the RCA the committee in the RCA essentially commited something like killing Rabbi Tendler not literally killing him but destroying his reputation and making him a target of attack and lawsuits and perhaps emboldened some of his so called enemies. "One who embarrasses his friend it is if he killed him"
Thats what the Talmud says as you know and the repurcussions of what the RCA are a lot more serious. If the RCA knows that he is guilty perhaps they would be compelled to do that to him. However, I am not convinced that they are convinced that he is guilty and even if they are who is the bet din? The Jewish paper said a company specializing in abuse investigated. It also said some accusers were interviewed on the phone. One of the accusers was not religious Halachikly who said she is to be believed. Is this committee a "Bet Din" of conscientious ethical rabbis and knowledgable rabbis?
It is very unclear what is going on here and very strange. Who are the people on the committee and what is a committee. We have something called a Bet Din in the Jewish religion? As far as R Tendler is concerned I don't know if he is innocent or not but to ruin someone based on a committee who heard of anything like this?

 
At 5:02 PM, Anonymous Anonymous said...

What were the names of the rabbis or "laymen" on the committee" that "judged" rabbi Tendler?..... Does anyone know?..... Additionally, since expelling Rabbi Tendler out of the the RCA at this present critical juncture in the present atmosphere of (Jewish)press animosity toward orthodox rabbis and the general atmosphere of abuse phobia vis a vis religious institutions would naturally be a tremendous blow for rabbi Tendlers reputation and an awesome embarrasment to him and his prominent family and considered a verification of the charges against him(even if they are not in actuality). By expelling him from the RCA the committee in the RCA essentially commited something like killing Rabbi Tendler not literally killing him but destroying his reputation and making him a target of attack and lawsuits and perhaps emboldened some of his so called enemies. "One who embarrasses his friend it is if he killed him"
Thats what the Talmud says as you know and the repurcussions of what the RCA are a lot more serious. If the RCA knows that he is guilty perhaps they would be compelled to do that to him. However, I am not convinced that they are convinced that he is guilty and even if they are who is the bet din? The Jewish paper said a company specializing in abuse investigated. It also said some accusers were interviewed on the phone. One of the accusers was not religious Halachikly who said she is to be believed. Is this committee a "Bet Din" of conscientious ethical rabbis and knowledgable rabbis?
It is very unclear what is going on here and very strange. Who are the people on the committee and what is a committee. We have something called a Bet Din in the Jewish religion? As far as R Tendler is concerned I don't know if he is innocent or not but to ruin someone based on a committee who heard of anything like this?

 
At 3:34 PM, Anonymous Anonymous said...

Anonymous who posted at 5:02 is very naive!Here are the facts again: The RCA does not neet a Bais Din to expell him from their organization, MT even signed an agreement that he will cooperate with the RCA "investigation" .... YOU HEAR????? "Investigation"!!!
MT even in his own admission on Sunday night said that he did not cooperate with the investigation.. After a "15" Month investigation they found that MT acted not appropriate as an orthodox Rabbi! End of Story !! Again: RCA does not need a Bais Din! If Mt doesn't like the RCA ruling, HE has an option to take the RCA to Bais Din! Which as we all know will never happen because he doesn't want all the garbage to come out!

 
At 3:40 PM, Anonymous Anonymous said...

In re: to the anonymous post of 5;02;; You are a big "AM Haoretz"
An accuser doesnt have to be "orthodox" to accuse someone of wrongdoing! EVEN a gentile could Halachacally come to any Bais Din and accuse anybody they want and this gentile is as acceptable as any Jew in a Bais Din! However the RCA did not convene a Bais Din, because a) there was no need to and b)Tendler agreed in writing that he would abide by the RCA ruling. He was arrogant and could not believe that the RCA would go against him!

 
At 4:29 PM, Anonymous halacha said...

<>"An accuser doesnt have to be "orthodox" to accuse someone of wrongdoing! EVEN a gentile could Halachacally come to any Bais Din and accuse anybody they want and this gentile is as acceptable as any Jew in a Bais Din!"<>

Sorry to correct you, but the shulchan aruch is actually very specific about what type of person is believed for testimony in beis din. In the kitzur shulchan aruch it quotes from the shulchan aruch and says that someone who intentionally violates a prohibition that all jews know is prohibited (e.g. Shabbos, kosher, mikvah etc) is disqualified from being a witness in beis din.

<>However the RCA did not convene a Bais Din, because a) there was no need to and b)Tendler agreed in writing that he would abide by the RCA ruling.<>

Sorry, but i must correct you again. If the RCA wants to expel a member, they do not need a beis din. It is their club and they make their own rules. BUT, if the RCA wants to publicly announce that someone is "guilty of engaging in conduct inappropriate for an Orthodox Rabbi" they most definitely DO need a beis din. They cannot pronounce guilt on a person any more than me and my 2 Vietnamese co-workers can pronounce guilt on someone. If they want to do an investigation, they need to convene a beis din, and follow the laws of the Shulchan Aruch in running a Din Torah. Those laws include the beis din investigating, seeing the evidence from both sides of the case, hearing testimony from both sides of the case, having the accuser and accused in beis din together, and then finding the facts to be that the accused is guilty or innocent. THEN, the beis din can announce that the rabbi is "guilty of engaging in conduct inappropriate for an Orthodox Rabbi". If i would proclaim someone publicly guilty like that on my own, then i would be committing motzi shem ra. So how did the RCA do that? This is the halacha as stated in the shulchan aruch, and as presented by HaRav Dovid Feinstein. If you disagree, please first research the halachos yourself or preferably, speak to a qualified rabbi. Alternatively, you can call Rav Dovid Feinstein, or meet him in in his office outside the MTJ Beis Medrash on the Lower East Side and discuss it with him. As far as Rabbi Tendler agreeing to follow the RCA ruling? how can he chose to follow or not follow being expelled? That is all the RCA had the power to do. The agreement was that he would cooperate with the investigation. Why he did not cooperate, and why he started his own investigation, is because he realized that the RCA would not be giving him a fair ruling and chance to defend himself, as is required by halacha. In fact, internal RCA memos indicate that the reccomendation was that rabbi tendler NOT be expelled, based on whatever evidence they found. The fact that they chose to expel him seems to reinforce rabbi tendler's realization that he would not be dealt with fairly. The RCA needed to make a statement that they learned from the Lanner affair, and send a strong public message. The RCA will ultimately be called to account for their actions.

 
At 4:31 PM, Anonymous halacha said...

<>"An accuser doesnt have to be "orthodox" to accuse someone of wrongdoing! EVEN a gentile could Halachacally come to any Bais Din and accuse anybody they want and this gentile is as acceptable as any Jew in a Bais Din!"<>

Sorry to correct you, but the shulchan aruch is actually very specific about what type of person is believed for testimony in beis din. In the kitzur shulchan aruch it quotes from the shulchan aruch and says that someone who intentionally violates a prohibition that all jews know is prohibited (e.g. Shabbos, kosher, mikvah etc) is disqualified from being a witness in beis din.

<>However the RCA did not convene a Bais Din, because a) there was no need to and b)Tendler agreed in writing that he would abide by the RCA ruling.<>

Sorry, but i must correct you again. If the RCA wants to expel a member, they do not need a beis din. It is their club and they make their own rules. BUT, if the RCA wants to publicly announce that someone is "guilty of engaging in conduct inappropriate for an Orthodox Rabbi" they most definitely DO need a beis din. They cannot pronounce guilt on a person any more than me and my 2 Vietnamese co-workers can pronounce guilt on someone. If they want to do an investigation, they need to convene a beis din, and follow the laws of the Shulchan Aruch in running a Din Torah. Those laws include the beis din investigating, seeing the evidence from both sides of the case, hearing testimony from both sides of the case, having the accuser and accused in beis din together, and then finding the facts to be that the accused is guilty or innocent. THEN, the beis din can announce that the rabbi is "guilty of engaging in conduct inappropriate for an Orthodox Rabbi". If i would proclaim someone publicly guilty like that on my own, then i would be committing motzi shem ra. So how did the RCA do that? This is the halacha as stated in the shulchan aruch, and as presented by HaRav Dovid Feinstein. If you disagree, please first research the halachos yourself or preferably, speak to a qualified rabbi. Alternatively, you can call Rav Dovid Feinstein, or meet him in in his office outside the MTJ Beis Medrash on the Lower East Side and discuss it with him. As far as Rabbi Tendler agreeing to follow the RCA ruling? how can he chose to follow or not follow being expelled? That is all the RCA had the power to do. The agreement was that he would cooperate with the investigation. Why he did not cooperate, and why he started his own investigation, is because he realized that the RCA would not be giving him a fair ruling and chance to defend himself, as is required by halacha. In fact, internal RCA memos indicate that the reccomendation was that rabbi tendler NOT be expelled, based on whatever evidence they found. The fact that they chose to expel him seems to reinforce rabbi tendler's realization that he would not be dealt with fairly. The RCA needed to make a statement that they learned from the Lanner affair, and send a strong public message. The RCA will ultimately be called to account for their actions.

 
At 3:26 PM, Blogger jewishwhistleblower said...

Basically, using the previous poster's perverse logic, the Lanner commission report posted at the OU website and numerous public statements regarding the guilt of Rabbi Baruch Lanner are also assur.

Let me quote from the RCA:
>1. Rabbi Mordecai Tendler has
>refused to cooperate with the
>Vaad HaKavod in its
>investigation and has refused to
>appear at a hearing; and
>2. Rabbi Mordecai Tendler has
>engaged in conduct inappropriate >for an Orthodox Rabbi.
>Therefore Rabbi Mordecai Tendler
>has been expelled from the
>Rabbinical Council of America.

As RMT refused to cooperate with the Vaad HaKavod or appear at a hearing, there is no need for a beis din to expell him or to declare his behavior
"inappropriate for an Orthodox Rabbi".

The RCA acted appropriately to expell RMT.

 
At 4:20 PM, Anonymous halacha said...

""As RMT refused to cooperate with the Vaad HaKavod or appear at a hearing, there is no need for a beis din to expell him or to declare his behavior
"inappropriate for an Orthodox Rabbi".
The RCA acted appropriately to expell RMT.""

If when the RCA stated that he "engaged in conduct inappropriate for an Orthodox Rabbi" they were referring to his not cooperating, and his "inaappropriate conduct" was in regard to how he dealt with the RCA, then that is not the issue here, and it is a whole different discussion as to if there is no need for a beis din to declare that behavior "inappropriate for an Orthodox Rabbi". A bit dramatic to label him as such merely for not cooperating with the RCA, no? But that is not the issue here.
You and your readers (as well as anyone who reads the RCA's statement) are devoted to the premise and belief that the RCA's 2nd comment is referring to his being GUILTY of the women's ALLEGATIONS. As to that, again, i state, if the RCA wants to publicly announce that someone is "guilty of engaging in conduct inappropriate for an Orthodox Rabbi" meaning that he is guilty of the behavior alleged about him by these women, they most definitely DO need a beis din. They cannot pronounce guilt on a person any more than me and my 2 Vietnamese co-workers can pronounce guilt on someone. If they want to do an investigation, they need to convene a beis din, and follow the laws of the Shulchan Aruch in running a Din Torah. Those laws include the beis din investigating, seeing the evidence from both sides of the case, hearing testimony from both sides of the case, having the accuser and accused in beis din together, and then finding the facts to be that the accused is guilty or innocent. THEN, the beis din can announce that the rabbi is "guilty of engaging in conduct inappropriate for an Orthodox Rabbi". If i would proclaim someone publicly guilty like that on my own, then i would be committing motzi shem ra. So how did the RCA do that? This is the halacha as stated in the shulchan aruch, and as presented by HaRav Dovid Feinstein. If you disagree, please first research the halachos yourself or preferably, speak to a qualified rabbi. Alternatively, you can call Rav Dovid Feinstein, or meet him in in his office outside the MTJ Beis Medrash on the Lower East Side and discuss it with him.

 
At 6:35 PM, Blogger jewishwhistleblower said...

A beis din can pretty much do whatever it wants.

Case in point:

Rabbi Shmuel Fuerst (who posters indicate is backing RMT) who put a man in cherem for taking those allegedly involved in sexully molesting his son to civil court (even though he had permission from another beis din [CRC] to do so).


http://www.projecttruth.info/order.html

AARON THOMAS, Plaintiff-Appellant, v. SHMUEL FUERST, YOSEF WAINKRANTZ, CHAIM GOLDZWEIG, and DANNY SHABAT, Defendants-Appellees.

No. 1-03-0795

APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION

345 Ill. App. 3d 929; 803 N.E.2d 619; 2004 Ill. App. LEXIS 15; 281 Ill. Dec. 215


January 16, 2004, Decided

SUBSEQUENT HISTORY: [***1] Released for Publication February 23, 2004.

PRIOR HISTORY: Appeal from the Circuit Court of Cook County. No. 01 L 013593. Honorable Lynn M. Egan, Judge Presiding.

DISPOSITION: Affirmed.

COUNSEL: COUNSEL FOR APPELLANT: Aaron Thomas, Pro se, Memphis, Tennessee, OF COUNSEL.

COUNSEL FOR APPELLEE: Duane Morris, LLP, Chicago, Illinois, Howard M. Hoffmann, Esq., Amy E. McCracken, Esq., Rachel G. Pontikes, Esq., OF COUNSEL.

JUDGES: JUSTICE O'BRIEN delivered the opinion of the court. CAMPBELL, P.J., and REID, J., concur.

OPINIONBY: O'BRIEN

OPINION: [**621] [*931] JUSTICE O'BRIEN delivered the opinion of the court:

Plaintiff, Aaron Thomas, a member of an orthodox Jewish community, filed a second amended complaint against defendants Rabbi Shmuel Fuerst, Rabbi Yosef Wainkrantz, Rabbi Chaim Goldzweig (collectively referred to as the Rabbinic Court), and Danny Shabat, claiming the Rabbinic Court had excommunicated plaintiff from the Jewish community in order to punish him for initiating a civil action against Shabat. Plaintiff alleged, by excommunicating him, the Rabbinic Court committed libel, violated his right to due process, intentionally inflicted emotional distress; and engaged in a conspiracy with Shabat. [***2] The circuit court dismissed plaintiffs second amended complaint pursuant to section 2-619.1 of the Illinois Code of Civil Procedure (the Code) (735 ILCS 5/2-619.1 (West 2000). Plaintiff appeals, claiming the circuit court erred in dismissing his second amended complaint, as each count in the complaint states a cause of action. We affirm.

In his second amended complaint, plaintiff pleaded that he lives "in a strict orthodox Jewish community and culture wherein observance of Jewish law is universal, and wherein such observance is a prerequisite [**622] for normal societal relations and normal economic activity." The Rabbinic Court, also referred to as a Beit Din, is responsible for administering proper law and order within the orthodox Jewish community.

Plaintiff pleaded that from 1998-2001, he prosecuted a civil complaint in the Cook County circuit court against Shabat and his [*932] wife for their "sexual exploitation" of plaintiff's minor son. During February 2001, Shabat asked Rabbi Fuerst to use his position as head of the Rabbinic Court to "neutralize" plaintiff's lawsuit against the Shabats.

Plaintiff pleaded that in February, May, and July 2001, he received [***3] three summons to appear before the Rabbinic Court to "justify" his civil lawsuit against the Shabats. Each time, plaintiff agreed to appear before the Rabbinic Court, however, no hearing date was set.

Plaintiff pleaded that on October 30, 2001, Rabbi Fuerst telephoned him and demanded he immediately drop his civil lawsuit against the Shabats. Plaintiff refused and stated he was willing to appear before the Rabbinic Court to justify his lawsuit against the Shabats.

Plaintiff pleaded that on December 4, 2001, the Shabats attorney contacted plaintiff regarding the settling of his case. Plaintiff refused to settle. Later that same day, plaintiff was served with a notice of excommunication, entitled a "Writ of Defiance" (the Writ) typed on Rabbi Fuerst's official stationary and composed in Hebrew. Translated into English, the Writ states:


"To our great sorrow we are enjoined to fulfill our duty under Torah law and publicly proclaim our anguish, that there now is a man by the name of [plaintiff], on whom we have served three summonses, and to whom we have also telecommunicated, to appear before the Rabbinic Court regarding the complaint of Mr. and Mrs. Daniel Shabat (they should [***4] be blessed with longevity); and he has defiantly refused to appear before the Rabbinic Court; and not only this but he has additionally sinned in laying claim to them in the gentile civil court, Heaven forfend, and even after being warned, he remains defiant and maintains his suit in civil court.

Therefore, it is our duty to uphold our holy law and proclaim in the most public fashion that [plaintiff] is a defiant scofflaw; both for his defiant refusal to appear before the Rabbinic Court, and for his resorting to the gentile civil court, proscription for which is found in Chosen Mishpat, Sections 1.1 and 26, and in Yoreh Deah, Section 334. And the severity for which is explicit in Chosen Mishpat, Section 26, that whoever resorts to the gentile civil courts is a blasphemous infidel who strikes out against Mosaic Law, and he deserves to be shunned and excommunicated.

And therefore we proclaim it befitting that all good Jews distant this man from their homes, and likewise do not let him participate as part of the worship quorum, or any religious activity until he fully repents. And we have also informed [plaintiff] that he must reimburse the Shabat family (they should be blessed [***5] with longevity) for all monies they have paid to their attorneys as a result of his civil court claim against them, as elucidated in the codes."


[*933] The Writ was signed by Rabbis Fuerst, Wainkrantz, and Goldzweig and "circulated and published *** to influential Rabbinic leaders and family members in the U.S.A and Israel." The Writ forced plaintiff to abandon his profession (designing customized sunrooms for members of the Orthodox Jewish community), and seek [**623] employment in his father's law office as a secretary.

Plaintiff pleaded that by excommunicating him via the Writ of Defiance, the Rabbinic Court committed libel, violated his right to due process, intentionally inflicted emotional distress, and engaged in a conspiracy with Shabat. Defendants brought a combined motion to dismiss, relying on sections 2-615 and 2-619 of the Code. See 735 ILCS 5/2-619.1 (West 2000). Pursuant to section 2-615, defendants argued that plaintiff's second amended complaint failed to state a cause of action. Pursuant to section 2-619, defendants argued the trial court lacked subject matter jurisdiction under the first and fourteenth amendments to the United States Constitution. [***6] The circuit court granted the motion to dismiss. Plaintiff filed this timely appeal.

A motion to dismiss under section 2-615 of the Code tests the legal sufficiency of a pleading. Universal Scrap Metals, Inc. v. I. Sandman & Sons, Inc., 337 Ill. App. 3d 501, 504, 786 N.E.2d 574, 272 Ill. Dec. 35 (2003). The court accepts as true all well-pleaded facts and the inferences that can reasonably be drawn from those facts. Universal Scrap Metals, 337 Ill. App. 3d at 504. The issue is whether, when viewed in the light most favorable to plaintiff, the allegations are sufficient to state a cause upon which relief can be granted. Universal Scrap Metals, 337 Ill. App. 3d at 504.

A section 2-619 motion to dismiss admits the legal sufficiency of the complaint and raises defects, defenses, or other matters that act to defeat the claim. Krilich v. American National Bank & Trust Co. of Chicago, 334 Ill. App. 3d 563, 569-70, 778 N.E.2d 1153, 268 Ill. Dec. 531 (2002). When ruling on a section 2-619 motion, the trial court may consider the pleadings, depositions, and affidavits. Krilich, 334 Ill. App. 3d at 570. The issue on appeal is whether the existence [***7] of a genuine issue of material fact should have precluded the dismissal or, absent such an issue of fact, whether the dismissal is proper as a matter of law. Krilich, 334 Ill. App. 3d at 570. We review de novo the trial court's decision to grant a section 2-619.1 combined motion to dismiss. Lawson v. City of Chicago, 278 Ill. App. 3d 628, 634, 662 N.E.2d 1377, 215 Ill. Dec. 237 (1996).

First, plaintiff argues the trial court erred by dismissing his libel claims. Although the common law originally distinguished between spoken and written defamation (slander and libel, respectively), in Illinois the same standard applies whether an allegedly defamatory statement is spoken or written. Bryson v. News America Publications, Inc., 174 Ill. 2d 77, 89, 672 N.E.2d 1207, 220 Ill. Dec. 195, (1996). To establish either slander [*934] or libel, plaintiff must show that: (1) defendant made a false statement concerning plaintiff; (2) there was an unprivileged publication of the defamatory statement by defendant to a third party; and (3) plaintiff was damaged. Stavros v. Marrese, 323 Ill. App. 3d 1052, 1057, 753 N.E.2d 1013, 257 Ill. Dec. 387 (2001).

Defamatory statements may be actionable [***8] per se or actionable per quod. Kolegas v. Heftel Broadcasting Corp., 154 Ill. 2d 1, 10, 607 N.E.2d 201, 180 Ill. Dec. 307 (1992). A statement is defamatory per se if it is so obviously and materially harmful to the person to whom it refers that injury to his reputation maybe presumed. Kolegas, 154 Ill. 2d at 10. Illinois law recognizes five categories of statements that are considered defamatory per se. Van Home v. Muller, 185 Ill. 2d 299, 307, 705 N.E.2d 898, 235 Ill. Dec. [**624] 715 (1998). One of those categories is "words that prejudice a party, or impute lack of ability, in his or her trade, profession or business." Kolegas, 154 Ill. 2d at 10.

Statements are defamatory per quod under two circumstances: (1) where the defamatory character of the statement is not apparent on its face and resort to extrinsic circumstances is necessary to demonstrate its injurious meaning; and (2) where the statement is defamatory on its face, but does not fall within one of the limited categories of statements that are actionable per se. Bryson v. News America Publications, Inc., 174 Ill. 2d 77, 103, 672 N.E.2d 1207, 220 Ill. Dec. 195. Unlike a defamation [***9] per se action, plaintiff must plead and prove special damages to recover for defamation per quod. Bryson, 174 Ill. 2d at 103.

Plaintiff contends that the Rabbinic Court defamed him by proclaiming in their Writ of Defiance that plaintiff is an "infidel" and "defiant scofflaw" deserving excommunication from Jewish society for failing to appear before the Rabbinic Court. Plaintiff contends that such language constitutes defamation per se, as it falsely imputes a lack of ability in his profession or business. Alternatively, plaintiff argues that the language contained in the Writ of Defiance constitutes defamation per quod, as it specially damages his ability to earn a living within the Jewish community.

Defendants contend that the contents of the Writ of Defiance are true and, thus, not defamatory. To determine the truth or falsity of the Writ's contents, this court would have to examine and interpret the Jewish law cited therein, specifically, sections 11 and 26 of the Chosen Mishpat, and section 334 of the Yoreh Deah, which form the basis for the proclamation that plaintiff is a defiant scofflaw and infidel deserving excommunication. However, the first [***10] amendment to the Constitution of the United States (U.S. Const. amend. I) bars any secular court from involving itself in the ecclesiastical controversies that may arise in a religious body or organization: "it would be a vain consent and would lead to the total subversion of *** religious bodies, [*935] if any one aggrieved by one of their decisions could appeal to the secular courts and have them reversed." Watson v. Jones, 80 U.S. (13 Wall.) 679, 729, 20 L. Ed. 666, 676 (1872). Where resolution of ecclesiastical disputes cannot be made without extensive inquiry by civil courts into religious law and polity, "the First and Fourteenth Amendments mandate that civil courts shall not disturb the decisions of the highest ecclesiastical tribunal within a church of hierarchical polity, but must accept such decisions as binding on them, in their application to the religious issues of doctrine or polity before them." Serbian Eastern Orthodox Diocese v. Milivojevich, 426 U.S. 696, 709, 49 L. Ed. 2d 151, 162, 96 S. Ct. 2372, 2380 (1976).

The circuit court did not err in dismissing plaintiff's defamation counts, as resolution of those counts cannot be made without [***11] extensive inquiry by civil courts into religious law and polity.

Next, plaintiff contends the trial court erred by dismissing his due process claims. Plaintiff pleaded that the Rabbinic Court denied him due process by excommunicating him without first affording him a hearing. Plaintiff's contention is without merit, as no governmental body was involved in the decision to excommunicate him. The due process clause protects individuals from actions by the state, not actions by individuals. Rosewell v. Hanrahan, [**625] 168 Ill. App. 3d 329, 331, 523 N.E.2d 10, 119 Ill. Dec. 542 (1988).

Plaintiff argues Treister v. American Academy of Orthopaedic Surgeons, 78 Ill. App. 3d 746, 396 N.E.2d 1225, 33 Ill. Dec. 501 (1979), compels a different result. Treister held that courts can review the application procedures of a private association, such as a trade or professional association, when membership in the organization is an economic necessity. Treister, 78 Ill. App. 3d at 755. Economic necessity may be shown where the organization or association has a monopoly over the field or profession. See Falcone v. Middlesex County Medical Society, 34 N.J. 582, 170 A.2d 791 (1961). [***12] Here, the Rabbinic Court is not a trade or professional association, nor does it have a monopoly over plaintiffs sunroom business. Accordingly, the trial court did not err by dismissing plaintiff's due process counts.

Next, plaintiff argues that the trial court erred by dismissing his claims for intentional infliction of emotional distress. To state a cause of action for intentional infliction of emotional distress, plaintiff must plead facts showing that: (1) defendants' conduct was extreme and outrageous; (2) defendants either intended to inflict severe emotional distress or knew that there was a high probability that their conduct would do so; and (3) the defendants' conduct actually caused severe emotional distress. Welsh v. Commonwealth Edison Co., 306 Ill. App. 3d 148, 154, 713 N.E.2d 679, 239 Ill. Dec. 148 (1999); McGrath v. Fahey, 126 Ill. 2d 78, 86, 533 N.E.2d 806, 127 Ill. Dec. 724 [*936] (1988). Whether conduct is extreme and outrageous is evaluated on an objective standard based on all of the facts and circumstances. Fahey, 126 Ill. 2d at 90. Liability does not extend to "mere insults, indignities, threats, annoyances, petty oppressions or trivialities." Public Finance Corp. v. Davis, 66 Ill. 2d 85, 89-90, 360 N.E.2d 765, 4 Ill. Dec. 652 (1976). [***13] Liability is attached only in circumstances where the defendant's conduct is "'so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency.'" Public Finance Corp., 66 Ill. 2d at 90, quoting Restatement (Second) of Torts § 46, Comment d (1965). The distress inflicted must be so severe that no reasonable person could be expected to endure it. Fahey, 126 Ill. 2d at 86.

Plaintiff claims that the Rabbinic Court's act of excommunicating him from the Orthodox Jewish community is so outrageous as to support a claim of intentional infliction of emotional distress. Plaintiff has aligned himself with this particular Orthodox Jewish community and by doing so has accepted its laws, rules and procedures. One of these laws, of which plaintiff admits he was aware, allows for excommunication where, as here, the Rabbinic Court determines that plaintiff has refused three consecutive summons to appear before it. Because of plaintiff's actions and knowledge of this community's rules and practices, the actions of the Rabbinical Court of which plaintiff complains are not so outrageous as to [***14] support a claim for intentional infliction of emotional distress. Accordingly, the trial court did not err in dismissing plaintiff's claims for intentional infliction of emotional distress.

Finally, plaintiff argues the trial court erred by dismissing his conspiracy counts. Plaintiff pleaded that the Rabbinic Court conspired with Shabat to libel plaintiff, deprive him of due process, and intentionally inflict emotional distress. Conspiracy is not an independent tort. [**626] Where, as here, plaintiff fails to state an independent cause of action underlying his conspiracy allegations, the claim for conspiracy also fails. See Indeck North American Power Fund, L.P. v. Norweb PLC, 316 Ill. App. 3d 416, 432, 735 N.E.2d 649, 249 Ill. Dec. 45 (2000). Accordingly, the trial court did not err in dismissing plaintiff's conspiracy counts.

For the foregoing reasons, we affirm the circuit court.

Affirmed.

CAMPBELL, P.J., and REID, J., concur.

 
At 7:32 PM, Anonymous (g+p)-(j+w+b)=0 said...

if i had to trust who to believe about how a beis din runs according to halacha, either JWB says (quoting from court documents regarding a case that is most likely irrelevant and obviously has more to it than what JWB cares to post) or the Shulchan Aruch, i put my money on the Shulchan Aruch!
A beis din is required to follow these laws, and unless you are outright accusing Rabbi Feurst and his beis din of violating halacha (wouldn't be suprised, you don't seem to have any respect for any rabbi) one must assume that Rabbi Fuerst was more informed of the facts of the case than you are and acted according to halacha. Here's an idea, JWB: why don't you call Rabbi Feurst and discuss it with him personally, before you make assumptions about whether he was right or wrong.

 
At 8:01 PM, Blogger jewishwhistleblower said...

There is no reason for Aaron Thomas to have been put in cherem. There is no reason to maintain the cherem against Aaron Thomas. What was done to him and what is being done to him is simply obscene. Aaron Thomas had permission from the CRC beis din to go to civil court.

The beis din that put him in cherem did an evil thing.

 
At 10:27 PM, Anonymous Anonymous said...

i am starting to sense a trend here. Any rabbi or group of rabbis that says or does anything that JWB, in his infinite wisdom, disapproves of, is unequivocaly wrong, and even evil. No rabbi can be given the benefit of the doubt as JWB is the Ultimate Halachic Decisor. If it is against what JWB holds true, then it must be against halacha. So far we have rav dovid feinstein, rav feurst, rav eisenstein. (oh, by the way, you missed rav reuven feinstein) And on different issues they are also wrong on too. On slifkin, on aaron thomas (who? what? why? relevance? JWB's oversimplified version smacks of being completely one sided) on mechitzas for women in the entrance of shuls (all three issues which, i might add, since WE don't know all the facts we can't, nor should we, form an opinion on, but rest assured, JWB knows all, and sees all, and if those rabbis (silly rabbis) said it, it must be wrong. Way to go JWB. As the names of the various rabbis supporting rabbi mordechai tendler becomes more public, i suspect JWB will have to do some research to be able to "knock out" each one of them, and "discredit" their opinion due to a "flaw" in their decisions, either past or present, "uncovered" by JWB. This should prove to be interesting.

 
At 10:29 PM, Anonymous Anonymous said...

"To add, the Monsey community and RMT supporters are invested in him, like an idol. They have come to him to save them and he has come to believing that is what he is. He fell into a messianic psycological saving complex, and you all feed off on him under the notion of independence and professional status of modern day success. You have enabled him and build him up needing him so. And he is hurting. Let him get help."

Actually, we just demand hard evidence. All we have seen is lie after lie after lie. Even if the women are telling the truth, they have told so many lies (or so many lies have been told in their name) that they have no credibility. MT was not thrown out of YSV. Rav Dovid and Rav Reuven and the family are 100% behind MT. No DNA evidence has ever been produced. The report to the RCA only recommended a 3 month suspension indicating that the investigator did not see much there. The RCA chose to ignore the report and expel MT.

 
At 7:31 AM, Anonymous Anonymous said...

At 10:29 PM, Anonymous said...
'To add, the Monsey community and RMT supporters are invested in him, like an idol. They have come to him to save them and he has come to believing that is what he is. He fell into a messianic psycological saving complex, and you all feed off on him under the notion of independence and professional status of modern day success. You have enabled him and build him up needing him so. And he is hurting. Let him get help.'

"Actually, we just demand hard evidence. All we have seen is lie after lie after lie. Even if the women are telling the truth, they have told so many lies (or so many lies have been told in their name) that they have no credibility. MT was not thrown out of YSV. Rav Dovid and Rav Reuven and the family are 100% behind MT. No DNA evidence has ever been produced. The report to the RCA only recommended a 3 month suspension indicating that the investigator did not see much there. The RCA chose to ignore the report and expel MT."

"Actually, we just demand hard evidence."

The RCA had hard evidence. They would not have invested in an outside independent investigating team had they not fully and completely substantiated his guilt.

"All we have seen is lie after lie after lie."

The lies are about your Rabbis’ innocents.

"Even if the women are telling the truth",

What do you mean “even”, that’s not enough? That it’s the truth? The fact is the women are telling the truth. Where is your support for their abuse? Where is the community that should be protecting their women?
Where is the community to assist in the damage of these women?

Where is the community to stop lying about the women, and stop covering up for him?

“They have no credibility”

RMT schemed and you supported and committed evil spreading malicious slander to ruin their credibility. But only seen as having no credibility in your Kool aid Nonsense Horseshit eyes. Their testimonies, Jewish Observant Women who came forward, proof, victimization, the RCAs’ determination of his quilt, and credibility outside of your clan are substantial and “hard evidence”.

Where is the community to stop continual victimization of women as where they didn't take action on behalf of the women years ago that would have prevented more women getting abused.

"they have told so many lies (or so many lies have been told in their name) that they have no credibility."

They? Yes, you are “they” telling lies. Yes “so many lies have been” said about the women.

“MT was not thrown out of YSV. Rav Dovid and Rav Reuven and the family are 100% behind”

Their family member and colleagues have no credibility in supporting sexual abuse; especially among a large Jewish population of survivors and supporters. The fact that KNH and YSV or any institution who supports someone who is sick and allows for people getting hurt is part of this problem of seeing him as a savior, having invested so much in him, making him bigger then life, so dependent on him who is violating ethical and moral laws.

"No DNA evidence has ever been produced".

Someone who is right on posted:
I ask: If your daughter or wife was asked to lift up her skirt by the MT, would you post her name on the internet???

"The report to the RCA only recommended a 3 month suspension indicating that the investigator did not see much there. The RCA chose to ignore the report and expel MT."

Lie! They did not recommend a 3 month suspension. Stop saying this lie. They said he was guilty. You demand hard evidence? Show a copy of this so called 3 month suspension made by the investigating team. The investigators for a fact investigated, and you’ll see it said they believe the women and he is guilty.

 

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