Wednesday, January 02, 2002

Rebbetzin Chava Pincus -- Sara Schenirer's American Disciple

A Window into the Chareidi World - IN-DEPTH FEATURES

Rebbetzin Chava Pincus -- Sara Schenirer's American Disciple
by M. Samsonowitz
Dei'ah veDibur - Information & Insight - 8 Adar 5762 - February 20, 2002

When Chava Pincus passed away suddenly on January 26 (13 Shvat) this year, the life of a spirited, unflagging servant of Hashem, whose career spanned four continents and the vicissitudes of the religious community of the past century, came to a glorious close. She left behind her a large, distinguished family of bnei Torah and Jewish educators, and thousands of teachers she had trained who revolutionized the Jewish world and made it into the vibrant religious community we know today.


Early Years in the Galil
Chava Leah Pincus was born in December around 1914, to HaRav Yitzchok Mattisyohu Weinberg in Tiveria. R' Mattis was the son of Rav Noach Weinberg, the grandson of the Slonimer Rebbe, who had been sent to establish a chassidic enclave in the Holy Land in the mid 1800s with other Slonimer chassidim.

Chava's maternal grandfather, HaRav Avner Lorberbaum, was a great talmid chochom in Tzfas descended from the author of the Chavos Daas and the Nesivos Mishpot, whose family had already been in the Holy Land for many generations. Chava's earliest days were thus infused with the flavor and purity of her chassidic, Eretz Hakodesh roots.

This story has been told in greater detail in Yated Ne'eman of parshas Re'ei, 5759 (1999) in Part One of the feature articles about Rebbetzin Pincus's brother, HaRav Shmuel Yaakov Weinberg, zt"l, of Baltimore.

During World War I, HaRav Yitzchok Mattisyohu Weinberg had to flee to America, at the advice of the Slonimer Rebbe. He eventually opened a store of notions in Bleecker Street. His wife and two children resided in the grandparents' home in Tzfas for the duration of the war. Many years later, aware of the deprivation and want which Palestine residents suffered at the time, Rebbetzin Pincus nonetheless said that she only had positive memories of the period.


America
In 1921, with the cannons of World War I behind them, R' Mattis's family traveled to the U.S. to join him. The reunited family set about building Yiddishkeit in America, both on a personal level and in the community. R' Mattis was a kodosh and a tohor whose entire day was centered on his Torah study and avodas Hashem. Members of the unassuming but high- spirited Weinberg family were to become innovators in Jewish education who made immense contributions to the Jewish world.

In later years, R' Mattis's wife Hinda founded the first Bais Yaakov-style school on the Lower East Side: the Esther Schoenfeld School. His son HaRav Yaakov Weinberg, became rosh yeshiva of Ner Israel Yeshiva in Baltimore. His youngest son HaRav Noach Weinberg is founder and rosh yeshiva of Aish Hatorah Yeshiva in Yerushalayim and allied institutions around the world.

Chava's life too was a series of innovations and "firsts" in drawing the Jewish people back to their roots. R' Mattis sent his sons to the best Jewish schools he could find and learned with all his children as much as possible. Chava also wanted more Jewish learning and if it had been up to her, she would have gone with them to learn in a yeshiva.

Her father wouldn't let her attend the local schools for girls because they were Zionist-oriented and run by people lacking yiras Shomayim. But he encouraged her to study on her own. Rebbetzin Pincus remembered that her father used to pay her a dollar for each perek of Pirkei Ovos that she learned -- and that was in the days that a dollar was a dollar.

Chava's great desire to learn remained for her entire life. She always told her daughters and students to keep learning. She would tell them that wealth and joy lie in learning. "You have fulfilled your role as wife and mother by encouraging your husband and sons in learning," she said. "But to personally enrich your own lives, you to must develop and retain your interest in learning."


The Cracow Seminary
One day R' Mattis read in the Polish Agudas Yisroel journal about a woman called Sara Schenirer who had opened a seminary in Poland to teach high-level Jewish studies to Jewish women, with the backing of most of the leading Torah sages. Right then R' Mattis wanted to send his oldest daughter to study there, but his practical-minded wife refused since Chava was too young.

When Chava graduated high school, R' Mattis again proposed that she go study in the Cracow Seminary. Chava was willing. Her father promised to buy her a return ticket which she could use whenever she wanted, and all the arrangements were quickly made.

As it turned out, she was the only American student ever to study under Sara Schenirer. Her father sent a letter to Frau Schenirer that in retrospect seems prophetic. "Elisha Hanovi asked for a double portion of the prophecy which Eliyahu Hanovi had. Why did he need more than his teacher Eliyahu? Because his generation's level was much lower than Eliyahu Hanovi's generation, Elisha Hanovi understood that he needed more than his teacher to properly lead his generation.

"Frau Schenirer," R' Mattis concluded, "Poland is under your influence. My daughter has to come back to the United States to lead the generation here. So give her double of your yiras Shomayim, tzniyus, and knowledge, so she can lead the generation in America."

Chava received a warm send-off from her friends in Bnos and Zeirei Agudas Yisroel, and in Tammuz embarked on a ship for Europe. The six-day trip passed quickly, and she traveled by train from Bremen to Cracow. She received her first jolt concerning European antisemitism already on the train to Poland: a train conductor began beating a chassidic Jew who he assumed had made a mess in the third-class cabin. She fearlessly stood up and told the conductor in English, "Get your hands off that man! I was here all this time and the man did not make the mess!"

She was alone in a new country and didn't even know the language, but that didn't stop her from standing up to protect the innocent.

Chava's dismay was great when she arrived in Cracow on Thursday and there was no one to meet her. Taking the initiative, she hired a porter to take her belongings and found a Jew in the street who could direct her to the seminary.

Another disappointment awaited her there. The students had gone on a trip and the school was empty, besides the kitchen help and a few girls who weren't able to go. She anxiously clutched her return ticket, and made plans to return. But then the seminary students returned on Friday, and Chava found herself a small sensation. The girl who had traveled halfway around the world from America aroused wonder and admiration from the other girls. Soon she was busy with Shabbos preparations like the other girls and finally, Shabbos arrived.


Electrified by Sara Schenirer
It was a Shabbos like none other she had experienced. She joined all the girls in the school's large hall and met Sara Schenirer, the famous principal of the school. Chava immediately felt that she was in the presence of a great woman. Frau Schenirer's face shone with a fiery light and her eyes were mild and loving. Chava was not even offended when the great principal fixed her neckline which was considered kosher in America, but didn't hold up to Sara Schenirer's halachic standards. Years later, when describing the incident to her daughter, she added, "I felt she pinned a medal on me."

Her children always interpreted this incident as indicative of their mother's gadlus as much as testimony to Sarah Schenirer's shleimus.

Chava found Shabbos inspiring. The students davened all three prayers and ate together. By the time Shabbos was over, Chava was sold on her new school.

She had to go through a set of adaptation difficulties. The classes were in German and Galician Yiddish, which was very different from the Lithuanian Yiddish that she knew. With time she mastered the German and picked up the Polish Yiddish.

The students spent the summer in the Carpathian mountains. Here she met Dr. Shmuel (Leo) Deutschlander, who headed the Bais Yaakov movement from Vienna. She was impressed with this G-d-fearing, educated Jew, who combined Western culture with a burning love for Torah and Klal Yisroel. He spent most of the year getting support and funds for Keren Hatorah which supported talmudei Torah, chadorim and Bais Yaakov schools.

Chava had arrived at the beginning of the summer. During Elul and Tishrei, she traveled with Fraulein Esther Hamburger, one of the school's instructors, throughout Jewish communities in Poland. They went to Lublin, where they saw Yeshivas Chachmei Lublin and met HaRav Meir Shapira. Then they went to Warsaw and Gur.

They spent Rosh Hashonoh in Gur, where they saw thousands of chassidim converging on the Rebbe's court. She received a personal invitation from the Rebbetzin to hear the Rebbe's kiddush.

In Warsaw, she davened on Yom Kippur in the beis midrash of the Lubavitcher Rebbe, HaRav Yosef Yitzchok Schneerson.

After Yom Kippur, she visited the famous Mirrer Yeshiva where she was received by the rosh yeshiva, HaRav Eliezer Yudel Finkel, and the mashgiach, HaRav Yeruchom Levovitz.

This journey through Jewish Poland finally ended in Baranowitz, where she spent Succos with the Slonimer Rebbe's family who were her relatives. Baranowitz gave her the opportunity to become better acquainted with Vichna, Sara Schenirer's star disciple who then lived with her uncle, HaRav Yisroel Yaakov Lubchansky, the mashgiach of the Baranowitz yeshiva. She also met the rosh yeshiva of the Baranowitz yeshiva HaRav Elchonon Wasserman, who later spent two years in the U.S. collecting for his yeshiva and guiding her friends in Zeirei Agudas Yisroel.

Vichna later married an American who had come to study in the Mirrer yeshiva, HaRav Boruch Kaplan, and when they went back she transported the Bais Yaakov movement to American soil. Chava Weinberg was to become her faithful partner in building Torah education in New York City.

Another brave and unusual step Chava took while in Cracow was to travel to Palestine to join her mother and brothers who were visiting her family there, for the month of Nisan. She went with the Frankfurt Agudas Yisroel delegation which was traveling in 1933 to Israel through Switzerland and Italy, and embarked at Messina for the trip by boat to Eretz Yisroel.
Though she originally had planned to stay only a year, Chava remained in the Cracow Seminary for close to two years. Sara Schenirer was unusually welcoming to her and she became one of her close students. In addition to her studies in the seminary, Chava was also involved in Sara Schenirer's charity projects and helped collect funds for them.

Chava was with Frau Schenirer during her last days. Throughout 1934, the great teacher suffered from a debilitating disease. Although she never said a word of complaint, her heartbroken students saw her wasting away. The day before her passing, Chava broke down next to her bedside in tears, but her mentor just caressed and comforted her and told her not to cry. The next day, after lighting Shabbos candles, Frau Sara Schenirer returned her pure soul to her Maker.


Teaching Opportunities
Soon after Chava returned to New York, imbued with a desire to bring Bais Yaakov to American shores. Her youngest brother Noach was so excited by her vision and single-mindedness that he told her that if he had a million dollars, he would build a building for her school.

Chava got to work convincing families of kindergarten children of the importance of a Bais Yaakov. Although she mustered a class of 12 children, the initiative didn't continue until the following year.

Her first teaching position was as a teacher in the West Side Institutional Synagogue Talmud Torah. She wrote many years later about that experience: "I was there only a short time and my advice to the rabbi was that if he wanted his boys to grow into knowledgeable and religious Jews, he should get them to go to a yeshiva. He knew as well as I that the future of Jewish education is only through yeshivos, but his congregants were already preoccupied with thoughts of their children's future careers. They considered the Talmud Torah's instruction in Yiddishkeit sufficient."

Chava searched for a school where she could put into practice more of her idealism for a Bais Yaakov school. An elementary school called Bais Sara had opened in Williamsburg and it hired her to teach Jewish studies in the afternoon.

She later assumed the position of head teacher/principal of the new Shulamis school in Boro Park. The latter had a more modern slant, but the principal reassured her that there was room there to implement a "Bais Yaakov" agenda. Privately, the young Chava organized a group of 15-16 year old girls to teach them hashkofoh. It was incredibly bold for the young seminary graduate to try to inculcate these Americanized but well-meaning Jewish girls with genuine, timeless Jewish values, but the young Chava was up to the challenge.

She wrote about these classes many years later: "I had a difficult time getting them to see that a godol beTorah can be a world Jewish leader, able to lead, advise, and represent us before governments with credit and honor. They could not understand why, for example, Stephen S. Wise and others like him were not acceptable to us. They argued that they have the language, polish and knowledge of diplomacy and other assets needed for leadership in our times. They could not see how a godol in learning could handle and resolve the many modern problems.

"We attempted to point out to them that `Hashem looked into the Torah and created the world,' and consequently, there cannot be a question or problem that may arise, whether political, social, or economical, whose answer and solution cannot be found in the Torah."
These girls became the nucleus of the first class of the new Bais Yaakov school which met in Rebbetzin Vichna Kaplan's house. Chava was also the first teacher that Rebbetzin Kaplan hired to teach in her new school.


Marriage
Rabbi Avrohom Pincus was among the few American boys who had gone to Europe to study in the Mirrer Yeshiva in the 30s. Shortly before World War II he returned to the U.S. and took a position as rabbi of the Five Corners Congregation in Jersey City. Chava was introduced to him by mutual friends and they wed on Rosh Chodesh Tammuz, 1940.

The couple was imbued with dreams of bringing authentic Judaism to America. They were part of the select group of idealistic young Jews affiliated with Zeirei Agudas Yisroel that was composed of individuals such as HaRav Pam, Mike Tress, Rav Anshel Fink and Rabbi Moshe Sherer. Although these individuals are famous today, at the time they were just inspired youths and friends who dreamed of accomplishing their ideals. HaRav Yitzchok Hutner was the rav who guided them. The young rabbi and rebbetzin were busy leading their congregation and building their home.

Rabbi Pincus accepted a new position as rabbi in Englewood, New Jersey. Their life took a turn one December day in 1945, when their 4-year old daughter returned home and cried that a non-Jewish friend said she wasn't American because she doesn't have a holly branch on the door. The final blow came when their daughter returned on Shabbos from a friend's house -- a prominent Jewish family known to be religious -- and said she had been offered a fried egg.

Despite their congregants' energetic protests, the Pincuses packed up and left for Williamsburg where their children would have a better religious education and friends. HaRav Pincus became rabbi of the South 5th Street shul in Williamsburg at less than half of his former salary. Instead of a lavish suburban home, the family lived in a typical Williamsburg dwelling.


A Key Position in the Bais Yaakov Seminary
Rebbetzin Pincus was snapped up by her close friend and Seminary colleague Reb. Vichna Kaplan to teach in the Williamsburg Bais Yaakov. She was one of a handful of teachers -- that included the Rebbetzins Vichna, Basya Bender, Chava Wachtfogel, Rivka Springer, Chana Rottenberg, Rochel Cizner, Shifra Yudasin, Batsheva Hutner and Leah Goldstein -- who built up the Bais Yaakov movement in America.

She taught thousands of students, many of whom went on to become teachers themselves. Her students were eagerly sought by the new Bais Yaakovs opening up all over New York.

Even as a young girl, Rebbetzin Pincus's spunk, spirit, charm and articulate speech commanded everyone's attention when she joined a group. As a teacher, her students were in awe of her because of her vivacity, bright delivery of ideas, and her wonderful personality. Each student felt that Rebbetzin Pincus was focusing particularly on her.

She taught Novi and Hebrew. Her lectures on Mishlei, the sefer which she particularly loved, were famous.

After several years, Rebbetzin Kaplan felt that the school needed a more intensive and organized course in methodology. She asked Rebbetzin Pincus to create the curriculum and to supervise the teaching of methods. Rebbetzin Pincus was busy enough with her regular teaching, her husband's rabbinical position, his new position as principal of Torah Vodaas, and raising their family of nine children. She at first tried to turn down the request -- but there was no refusing Reb. Kaplan. She became heavily involved in supervising student teaching in various schools and observing model lessons.

On the first day of a methodology class, Rebbetzin Pincus challenged her students: "What's the most important part of your first lesson?"

The students were quick to suggest different aspects of educational theory, but she replied, "Wear bright clothes and lipstick, and come in with a big smile."


Home and Community
Rebbetzin Pincus knew how to successfully integrate the intellect with the emotional. When her children were babies, she sang to them. She had special songs for different things. She would sit and tell the children stories. She taught the children numerous things, fostering in them the wonder of learning. She played piano and her Succah was full of her artistic decorations. At the same time, she read voluminous amounts. She saw everything as an opportunity for learning.

People remember walking into the house and virtually always seeing a sefer in her hands. She studied Mishlei and Tehillim, the latter of which she knew by heart. She knew many chapters of nevi'im by heart and studied the parsha every week. She treasured her solitude, and utilized it to gain more knowledge and enrich herself.

One of her favorite seforim was the Chochmas Hamatzpun commentary on Chumash which is an anthology of deep comments by mussar leaders from Rav Yisroel Salanter and on. She often read it on Shabbos. She once told her oldest granddaughter, "One of the most precious times in my life was when the children were small. After I put them to sleep, I went through the whole Nevi'im Rishonim." Learning was her excitement, passion, pastime, and way to relax all rolled into one.
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Despite her heavy schedule, she still found time to help others. The Pincuses adopted 10-12 families over the years, treating them as if they were family. They were always available to help solve their problems, provide funds, even to give marriage counselling.

One of Rebbetzin Pincus's classmates from the Cracow Seminary who had survived the Holocaust, arrived penniless in the U.S. When Rebbetzin Pincus discovered her, she treated her like family. The financial support she gave her "families" was substantial. When one of them became a kallah, Rebbetzin Pincus had her own children go through their clothes closets to search for quality clothes for her.


Struggling With Pain and Illness
Health problems beset Rebbetzin Pincus throughout her life. Shortly after marriage, she began to suffer from arthritis in her extremities, which became crippling after the age of 35. Although the condition left her in constant pain, she rarely talked about it nor did she project the "mentality" of an invalid.

She would talk so calmly to her doctors about how to tackle the disease that they couldn't believe the vibrant woman before them was in such pain.

In her later years, when she was confined to a wheelchair, she would apologize lightly -- "Just today my foot is acting up" -- for not standing up and accompanying her guests to the door.

She rejoiced with the physical capabilities she possessed, and carefully guarded her health. Rebbetzin Pincus sought natural ways of healing her condition well before alternative medicine became popular. She kept a strict vegetarian diet that required tremendous willpower. She kept up a strict diet regimen for decades, to the end of her life.
Although she was strict with herself, she had treats ready for her grandchildren who came to visit, and would tell them, laughing, "I'm enjoying it vicariously."


Educational Innovators
The Pincuses were also among the first families in New York to forego English studies for their sons so they could spend more time on their Jewish studies. They put their sons in a special intensive Talmudic Studies class run by HaRav Yosef Liss so they would develop into first-rate Torah scholars. Once when they were taken to court for their sons' truancy, the Pincuses told the judge, "Do these boys look like juvenile delinquents?" The judge acquitted them.

They also sent their sons to study in the Bais HaTalmud yeshiva where a small group of select students studied in a challenging European-style yeshiva atmosphere, led by Rav Pincus's friend from the European Mirrer yeshiva, HaRav Leib Malin. Their sons then went to study in the Brisk yeshiva in Jerusalem in the 1960s, long before study in Israeli yeshivos became so popular for Americans.


Move to Israel
In 1971, when six of the Pincus's children were married and living in Israel, they decided to move to Bnei Brak. Their stunning decision caused an uproar in their circle of friends, but as usual, the Pincuses went about doing things their own way, which often ended up setting a trend for others.

Shortly after arriving in Israel, Rebbetzin Pincus was offered a position with Chinuch Atzmai, supervising teachers. She supervised three schools in Bnei Brak, three in Tiveria and three in Haifa.

With much excitement she traveled to her beloved Tiveria for the first time in almost 40 years, and found that it had changed tremendously. Although the Chinuch Atzmai school in Tiveria had hundreds of students, it was not easy to convince parents to send their children there because of the secular brainwashing. Rebbetzin Pincus supervised the school's curriculum, dealt with problematic kids, taught the teachers how to correct the children's wrong hashkofos, and weighed the pros and cons of new teaching methods being considered.

In one class, she heard a kid snickering that she has "metal teeth." Rather than take offense, she decided to utilize the opportunity to give the class a lesson in proper nutrition. "Do you know why I have metal teeth? Because when I was a young child, I didn't know that too much sugar and junk food is no good for you." She then taught the class the importance of a healthy diet.

The Pincuses moved to Jerusalem in 1976, when HaRav Pincus became principal of Kamenetz Yeshiva. From that point on, Rebbetzin Pincus stopped working for Chinuch Atzmai, although she continued to give shiurim in her home and taught small groups.


Heading the Kollel in Santiago, Chile
Most people of their age and health would have been satisfied with a graceful retirement. But even though they were in their 70s, the Pincuses were still young in spirit. So when their son R' Shimshon asked them if they would go to Santiago, Chile to become rosh kollel, they decided to accept.

When Reb Shimshon spoke to the five kollel members about his parents joining them in Chile, he assured them: "I'm giving you my mother and she'll be a mother to you." Those few words pithily summed up the Pincuses' four-and-a- half year stay in Santiago. HaRav Pincus was the rosh kollel and Rebbetzin Pincus engaged in kiruv work.

Above all, they were father and mother to everyone. At the time, the only Jewish spiritual leaders in Santiago were three Reform rabbis who were doing their worst. Temples with choirs and organs, "dialogue" with Christian priests, and non- halachic conversions and divorces were the norm.

When the Pincuses arrived in Chile in December, 1983, the kollel had five avreichim learning two full sedorim in the day. Night seder was devoted to studying with local Jews.

There were no cheering crowds to greet the Pincuses when they arrived. People told them frankly, "You're 30- 40 years too late! You can go back to where you came from!" Intermarriage was a tragic 80 percent.

But Rebbetzin Pincus had already seen spiritual revolutions happen before her eyes, with her taking no small part in them. Undaunted, she wrote letters, made calls and personally contacted people to come to classes and events. She started studying Spanish and within a few months, she was able to communicate in that language and, she even gave a few shiurim in it.

When Adar approached, Rebbetzin Pincus decided to celebrate Sara Schenirer's yahrtzeit with a grand event for women, hoping to use it as a springboard to attract them to classes. The other kollel women baked goodies and set beautiful tables.

Only five people showed up. Among them were two young girls whom the other kollel wives were already trying to be mekarev, their mother, and two new faces: the Israeli consul's wife and Janine Levi.

Rebbetzin Pincus was not disheartened. "This is a good beginning," she said.

Janine became a close student, eventually helped her publish the El Kollel quarterly bulletins with interesting stories, information and important holiday halachos for the Jewish community. Janine eventually married and settled in New York.

To reach the widest number of Jewish women, Rebbetzin Pincus attended a local meeting of WIZO women, the largest Jewish women's organization in Chile. She told the women about the kollel and the classes being offered. Some women approached her after the meeting and asked if they could attend.

She formed a group and they began to study Pirkei Ovos. She began to explain the uniqueness of Judaism and Jewry, starting from the basics. The Pincuses made some inroads in teaching individuals of the importance of halacha, especially in those subjects which frequently beset assimilated communities.

In her lectures, Rebbetzin Pincus spoke about the problem of nonhalachic conversions. Many women now became aware that the phony conversions performed by the Reform rabbis had accomplished nothing. A doctor whose wife had "converted" and bore him two daughters, approached the Pincuses in misery and asked what he could do about their Jewishness. The family eventually moved to Israel where the wife and daughters converted properly.

They also emphasized the importance of kosher gittin and kiddushin. The day finally came when a couple getting divorced insisted on having the kollel arrange it. The case was sent to the beis din in Buenos Aires, which performed it according to halacha. Some people insisted on having their wedding performed by the kollel.

When it was discovered that the two "kosher" butchers were selling treif meat, a kollel member and local baal habayis opened a new butcher store under the supervision of the kollel. The number of people keeping kosher began to grow.

The young women in the community were more interested in Judaism than their husbands. They were devoted to Rebbetzin Pincus, but after four years intense activity in Santiago, illness forced their return to Israel.

In the four years that the Pincuses were in Santiago they influenced a number of people to become religious, and were instrumental in sending several boys to study in yeshivos in Israel and the U.S.


Enriching Personal Relationships
Rebbetzin Pincus's life of accomplishment was far from over. Now she was able to devote herself to her dozens of grandchildren and great-grandchildren, with all of whom she had an extraordinary relationship. In fact, each child was convinced that his or her relationship was more special than the others. She was the loving grandmother and wise matriarch who endowed her winning smile and full attention on each one.

In earlier years, her American grandchildren were filled with excitement when Savta and Zeidi came to visit. She took each grandchild aside and showed a keen interest about what was going on in his or her life. She knew how to talk with such concern and love that they felt thrilled to speak with her.

One of the happiest moments in Rabbi and Rebbetzin Pincus's life was their surprise 50th anniversary celebration 12 years ago which all nine children planned together. The five children then living abroad surreptitiously traveled in from Los Angeles and New York to join their siblings in Israel.

It is impossible to adequately describe the scene when Rabbi and Rebbetzen Pincus looked up to see all of their children suddenly appear together in their living room.

That Shabbos night, their son, HaRav Shimshon (zt"l), said, "This is how I picture kibbutz goluyos and greeting the Shechina. This is the ecstasy that Jews will feel."

On this moving occasion, Rebbetzin Pincus spoke feelingly to her children, telling them how much she had revered their father. She had always made sure her husband was learning and that nothing disturbed him. Also she reiterated her strong belief in the enriching power of learning for women. "Even 15 or 20 minutes a day set aside for learning will enhance your life immeasurably."


Last Days
Rebbetzin Pincus devoted herself to her family and her large extended family. People came to the Pincus home throughout the day. Her days were spent talking and advising people, learning with chavrusas or learning alone in mussar seforim and Tanach.

On Shabbos, January 26, close to Sholosh Seudos, her daughter was helping her mother into a wheelchair when Rebbetzin Pincus suddenly lost consciousness. Her petirah was described as a misas neshikoh.

Her levaya was held next to Yeshivas Torah Or on motzei Shabbos. Although the family only had a few hours to notify people, many hundreds attended. The Aron passed by her home, which is an eidus to her tznius, yiras Shomayim, love of Torah and her success as a true ezer kenegdo. She was eulogized by her sons HaRav Avner and HaRav Yosef Binyomin, by her son-in- law Rav Yosef Savitzky, by her nephew Rav Zelig Weinberg, and by Rav Yisroel Yaakov Pincus, the oldest son of her son HaRav Shimshon.

She was buried in Har Hamenuchos next to her illustrious son HaRav Shimshon and his wife and their daughter, who were tragically killed in a car accident less that a year ago.

She is survived by over a hundred descendants in Israel and the U.S., first-class bnei Torah, Jewish educators, and exemplary Torah Jews, who have all enriched the Torah world while following in their parents' and ancestors' paths.


ALSO SEE:
  1. Case of Rabbi Matis Weinberg
  2. Case of Rabbi Simcha Weinberg
  3. Weinberg Family Tree



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Tuesday, January 01, 2002

Missionaries Impossible

Missionaries Impossible
By Rabbi Avi Shafran


"Jews for Jesus," perhaps the best known of an assortment of Christian missionary groups that target Jews for conversion efforts, has adopted a creative new advertising campaign. It has enlisted a Holocaust survivor to convince Jews to consider accepting the Christian messiah.

The group, possessed no doubt of deep convictions and apparently of deep pockets, has purchased space in a number of national media to feature a close-up of the kindly face of a Jewish woman of a certain age who spent part of the war years in a concentration camp. "Before you judge my belief, listen to my story," she implores the reader, and then proceeds to tell of her personal adoption of Christianity. The ad offers a video featuring footage of cattle-car trains and corpses with voices-over of Holocaust survivors who embraced Christianity. Verses from the Jewish Bible appear on the screen, and the viewer is told to say a prayer in acceptance of Jesus. The words "Mazel Tov" then flash on the screen.

The Jewish community's encounter with the Christian one has a long and largely inglorious history. From the harsh anti-Jewish rhetoric of early Church fathers (the apostle John claimed Jews are born of "their father the devil"; Chrysostom of Antioch, that they "murder their own offspring to worship the avenging devils") and Protestant leaders (like Martin Luther, who asserted that the devil "through the Jews his saints... mocks and curses God and man") down to the pogroms, blood libels and "Christian Identity"-genre internet hate-sites of more recent years, the Prince of Peace has all too often been invoked to provide Jewish people anything but peace.

Jews, as a noted basketball player/theologian recently reminded us, are stubborn folks, and one of our adamant stances is our refusal to divest ourselves of our religious heritage, including the conviction that the Messiah, at present writing, still tarries - a belief that, while it threatens to harm no one, has resulted over the centuries in untold hatred and violence on the part of countless Christians. The Holocaust itself can be traced in part to the religion-based Jew-hatred that was so endemic and deeply rooted in European lands.

To be sure, here on this side of Vatican II and the Lieberman candidacy, relations between Christians and Jews are much improved. Both the Catholic Church and many Protestant churches have straightforwardly rejected anti-Semitism, and that is deeply appreciated by all Jews. But the past cannot but continue to inform the present.

Jews have suffered beyond belief at Christian hands. And Judaism, in the end, remains a faith entirely apart from Christianity.

With its new ad campaign, Jews for Jesus cynically overlooks the former fact in an effort to deny the latter one. For Jewishly-conscious Jews, nothing could be more outrageous or insulting.

The contemporary Jewish religious world is famously fractious. There are deep ideological and theological differences among Jews today. But one belief that Orthodox, Reform, Conservative and Reconstructionist Jews share entirely in common is that the assertion that the Messiah has arrived in the person of Jesus of Nazareth is simply incompatible with Judaism.

Which is why the claim of missionary groups that one can be a good Jew by accepting the fundamental belief of Christianity - indeed that one can be a "fulfilled" one only by embracing Jesus as Messiah - is anathema to the broad Jewish community.

As members of a faith that eschews the proselytizing of others and counsels "outreach" only in the sense of helping our own brothers and sisters come closer to our religious heritage, most of us Jews are irked when others target our coreligionists for conversion efforts. And the irk turns to irritation, even outrage, when misleading tactics are employed, when "sharing the good news" becomes "suckering the uninformed," when groups like Jews for Jesus adopt, as they do, Jewish holidays, symbols and trappings like prayer shawls and phylacteries in an effort to convince Jews that being a good Jew can include, indeed requires, adopting Christianity.

And when they go further still in their attempts to lure Jews from their ancestral heritage, and seek to enlist the Holocaust - a horrific happening that fed heartily on the fecund medium of a Europe steeped in centuries of Christian anti-Semitism - their efforts creep, slowly but unmistakably, beyond the bounds of even outrage, and enter the realm of the grotesque.

With thanks to Am Echad Resources

Suing Your Rabbi: Clergy Malpractice in Jewish Law

Suing Your Rabbi: Clergy Malpractice in Jewish Law
By Rabbi Mark Dratch
http://www.jlaw.com/Articles/clergy_malpractice_notes.html


1. C. Eric Funston, "Made Out of a Whole Cloth? A Constitutional Analysis of the Clergy Malpractice Concept," 19 Cal. West L.R. 508-509 (Spring 1983).
2. Nally v. Grace Community Church of the Valley, No. NCC 15668-B, L.A. County Super. Ct, Cal. filed March 31, 1980, 157 Cal. App. 3d 912, 204 Cal. Rptr. 303 (1984), See also Case Notes, Arizona Law Review Journal, 213-36, (1985); 240 Cal. Rptr. 215 (Cal. App. 2 Dist. 1987); Robert Reinhold, "Justices Dismiss Suit Over Clergy," The New York Times, November 24, 1988, p. Al, A20.
3. United State' v. Ballard 322 U.S. 78 No. 472 1944.
4. Magunson v. O'Dea, 75 Wash. 574, 135 P. 640 (1913).
5. State v. William's, 75 N.C. 134 (1876).
6. Whittaker v, Sanford, 110 Me. 77, 85 A. 399 (1912). For a discussion of religious leaders' civil liability for intentional torts see "Comment, People V. Religious Cults: Legal Guidelines for Criminal Activities, Tort Liability, and Parental Remedies," 11 Suffolk U.L. Rev. torts see "Comment, People V. Religious Cults Legal Guidelines for Criminal Activities, Tort Lial'ility, and Parental Remedies," 11 Suffolk U.L. Rev. 1025, 1037-45 (1977).
7. Elements necessary for cause of action in a case of negligence are outlined by W. Prosser and West Keeton, The Law of Torts, 164-65:
1. A duty, or obligation, recognized by the law, requiring the actor to conform to a certain standard of conduct, for the protection of others against reasonable risks.
2. A failure on his part to conform to the standard required. These two elements go to make up what the courts usually call negligence; but the term quite frequently is applied to the second alone. Thus, it may be said that the defendant was negligent, but is not liable because he was under no duty to the plaintiff not to be.
3. A reasonably close causal connection between the conduct and the resultant injury. This is what is known as "legal cause", or "proximate cause."
4. Actual loss or damage resulting to the interests of another.
5. See Ericsson, "Clergyman Malpractice: Ramifications of a New Theory," 16 Val. U.L. Rev. 163-64 (1981); Funston, "Made Out of Whole Cloth? A Constitutional Analysis of the Clergy Malpractice Concept." 19 Cal. West L.R. 507-44 (1983)
6. 9.403 U.S. 602 (1971).
7. See B. Bergman, "Is the Cloth Unraveling? A First Look at Clergy Malpractice Concept." 9 San. Fern. V. L.R. (1981); Kimmerly Anne Klee, "Clergy Malpractice: Bad News for the Good Samaritan or a Blessing in Disguise?" 17 V. of Toledo L.R. 209-53, (Fall 1985); Robert McMenamin 45 The Jurist 275-88 (1985).
8. 310 U.S. 296, 303-304 (1940).
9. 240 Cal. Rptr. 215 (Cal. App. 2 Dist. 1987).
10. Robert Reinhold, "Justices Dismiss Suit Over Clergy," The New York Times, Nov.24, 1988, p. A20.
11. See Chavot Yair quoted in Pit'chei Teshuvah, no.2, who extends devar mishnah status to the decisions of Shulchan Aruch, Ramo, Sema, and Shach. See, however, Baal Hamaor to Sanhedrin 33 who limits devar mishnah status to talmudic decisions and categorizes all post-talmudic debate as shikul hadaat.
12. Rif to Sanhedrin 33a and Ramban in Milchamot Hashem suggest that the exemption is due to the limitation of garmi responsibility to torts. They also posit that judicial decisions are either gerama or that the requirement of a judge to render a decision is ones (duress) which exempts him from liability.
13. Shach, no.5, rejects Ramo's ruling. Both Ramo and Shach hold that a judge, in deciding a matter of Jewish law, fulfills his biblical resposibility (mitzvah). It is this fulfillment, according to Ramo, which extends immunity to the rabbi who errs in judgment. Shach holds, however, that if the rabbi errs ruling contrary to Torah principles, he is not fulfilling a mitzvah and is, therefore, liable. For a similar analysis relating to medical malpractice see Norman Lamm, "Tippul Refui Im Yesh Bo Mitzvah" in Torah Shebe'al Peh, Mosad haRav Kook, 5744.
14. For an analysis oE the stumbling block prohibition see Mark Dratch, "The Ethics of Selecting a Political Candidate," Journal of Halacha and Contemporary Society, No. Xl, Spring 1986.
15. See Teshuvot haRashba, no.99; Darkei Moshe to Choshen Mish pat, no.386
16. Hil. Chovel uMazik 6:1; Choshen Mishpat 378:1
17. Bava Kamma 60a.
18. Dina deGarmi.
19. Gloss to Choshen Mishpat, no.386.
20. "Gerama and Garmi", Encyclopedia Judaica. VII, pp.430-3l. Albeck suggests that the difference between these concepts is that of foreseeability, with gerami referring to an indirect tort whose consequence is too remote to have been foreseeable, and garmi referring to indirect acts, the results of which should have been foreseeable. This distinction is not supported by Rava's definition of geramo in Bava Kamma 60a, where he holds that the gerama exemption from liability applies even if the fire was spread due to normal, foreseeable condition' of a normal wind.
21. Rashbam to Bava Batra 94a, s.v. noten.
22. Tosafot, Bava Batra 22b, s.v. zot; Mordecai to Bava Kamma boa; Or Zarus, Bava Kamma, chapter 2, no. 137; Teshuvot haRashba Ill, no. 107 and Meyuchasot 240; Rosh to Bava Kamma, chap. 9 and Bava Batra, chap. 2, no. 17.
23. Rosh to Bava Kamma, chap. 9 and Bava Batra, chap. 2, no.17.
24. Ritsba in Tosafot, Bava Batra 22b, s.v. zot; Mordecai to Bava Kamma, no.119, quoting Riva; Shach to Choshen Mishpat 386, no.
25. Bava Kamma 100a.
26. Ramban to Bava Kamma 117a; Rashba to Bava Kamma 117a; Maggid Mishnah, Hil. Chovel uMazik 8:1 quoting R. Hai Gaon; Gaal haTerumot, gate 52, sec. 6; Ravan to Bava Kamma, chap. 9; Teshuvot Masat Binyamin, no.28.
27. Tosafot, Bava Kamma 54a, s.v. chamor, Bava Kamma 71a, s.v. Vesavar, and Ketubot 34a, s.v. savar; Ramban in Dma deGarmi quoting yesh omrim; Smag, Positive Commandments, no.70; Mordecai to Bava Kamma, chap. 10, sec. 180 in the name of R. Avigdor; Teshuvot haRosh, no.100; Hagahot Maimoniyot to Chovel uMazik 8:3; Shitah Mekubetzet to Bava Kamma 117b quoting R. Yehonatan; Agudah to Bava Batra 22b; Shiltei Giborim to Bava Kamma 48; Shach, Choshen Mishpat 386:1.386:1.
28. Ramban, Dma deGarmi; Ketzot Hachoshen 306:11; Gra to Yoreh Deah 306:16.
29. Or Zarua, Bava Kamma, chap. 9, quoting Rabbeinu Ephraim; Mordecai, Bava Kamma, chap. 9, sec. 116; Ramban, Dma deGarmi; Yam shel Shiomo, sec. 24, Shach, Choshen Mishpat 386, no.12. Or Zarua quotes R. YoeI who obligates the money appraiser even when the counselee is not obliged to follow his decision. See also Shiltei Gibborim.
30. Rif.
31. Baal haMaor; Tosafot, s.v. ahcvei dinar; Mitchamot Hashem; Ramah.
32. HiL Sechirut 10:5
33. Bavo Kamma 26b.
34. Shulchan Aruch also records the money appraiser's case with the laws of professional responsibility, Choshen Mishpat, sec. 306, and not in the chapter dedicated to garmi, sec. 386. Like Rambam, he includes payment as a criterion for liability.


Illinois Stalking Law - Amended 2002


Illinois Stalking Law


Stalking

720 ILCS 5/12-7.3 Stalking. Amended 2002. 

(a) A person commits stalking when he or she, knowingly and without lawful justification, on at least 2 separate occasions follows another person or places the person under surveillance or any combination thereof and: 

(1) at any time transmits a threat of immediate or future bodily harm, sexual assault, confinement or restraint and the threat is directed towards that person or a family member of that person; or 

(2) places that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement or restraint; or 

(3) places that person in reasonable apprehension that a family member will receive immediate or future bodily harm, sexual assault, confinement, or restraint. 

(a-5) a person commits stalking when he or she has previously been convicted of stalking another person and knowingly and without lawful justification on one occasion: 

(1) follows that same person or places that same person under surveillance; and 

(2) transmits a threat of immediate or future bodily harm, sexual assault, confinement or restraint; and 

(3) the threat is directed towards that person or a family member of that person. 

(b) Sentence. Stalking is a Class 4 felony. A second or subsequent conviction for stalking is a Class 3 felony. 

(b-5) The incarceration of a person in a penal institution who transmits a threat is not a bar to prosecution under this Section. 

(c) Exemption. This Section does not apply to picketing occurring at the workplace that is otherwise lawful and arises out of a bona fide labor dispute, or any exercise of the right of free speech or assembly that is otherwise lawful. 

(d) For the purpose of this Section, a defendant "places a person under surveillance" by remaining present outside the person's school, place of employment, vehicle, other place occupied by the person, or residence other than the residence of the defendant. 

(e) For the purpose of this Section, "follows another person" means (i) to move in relative proximity to a person as that person moves from place to place or (ii) to remain in relative proximity to a person who is stationary or whose movements are confined to a small area. "Follows another person" does not include a following within the residence of the defendant. 

(f) For the purposes of this Section and Section 12-7.4, "bona fide labor dispute" means any controversy concerning wages, salaries, hours, working conditions, or benefits, including health and welfare, sick leave, insurance, and pension or retirement provisions, the making or maintaining of collective bargaining agreements, and the terms to be included in those agreements. 

(g) For the purposes of this Section, "transmits a threat" means a verbal or written threat or a threat implied by a pattern of conduct or a combination of verbal or written statements or conduct. 

(h) For the purposes of this Section, "family member" means a parent, grandparent, brother, sister, or child, whether by whole blood, half-blood, or adoption and includes a step-grandparent, step-parent, step-brother, step-sister or step-child. "Family member" also means any other person who regularly resides in the household, or who, within the prior 6 months, regularly resided in the household. 

Aggravated Stalking

720 ILCS 5/12-7.4. Aggravated stalking. Amended 1995.

(a) A person commits aggravated stalking when he or she, in conjunction with committing the offense of stalking, also does any of the following:

(1) causes bodily harm to the victim;
(2) confines or restrains the victim; or
(3) violates a temporary restraining order, an order of protection, or an injunction prohibiting the behavior described in subsection (b)(1) of Section 214 of the Illinois Domestic Violence Act of 1986 [750 ILCS 60/214].

(b) Sentence. Aggravated stalking is a Class 3 felony. A second or subsequent conviction for aggravated stalking is a Class 2 felony.

(c) Exemption. This Section does not apply to picketing occurring at the workplace that is otherwise lawful and arises out of a bona fide labor dispute, or any exercise of the right of free speech or assembly that is otherwise lawful.

(d) For purposes of this Section, "bona fide labor dispute" has the meaning ascribed to it in Section 12-7.3 [720 ILCS 5/12-7.3].

Cyberstalking

720 ILCS 5/12-7.5. Cyberstalking. 2001.

(a) A person commits cyberstalking when he or she, knowingly and without lawful justification, on at least 2 separate occasions, harasses another person through the use of electronic communication and:

(1) at any time transmits a threat of immediate or future bodily harm, sexual assault, confinement, or restraint and the threat is directed towards that person or a family member of that person, or

(2) places that person or a family member of that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement, or restraint.

(b) As used in this Section:

"Harass" means to engage in a knowing and willful course of conduct directed at a specific person that alarms, torments, or terrorizes that person.

"Electronic communication" means any transfer of signs, signals, writings, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electronmagnetic, photoelectric, or photo-optical system. "Electronic communication" includes transmissions by a computer through the Internet to another computer.

(c) Sentence. Cyberstalking is a Class 4 felony. A second or subsequent conviction for cyberstalking is a Class 3 felony.

Harassment

720 ILCS 135/0.01 - 135/2 Harassing and Obscene Communications Act 720 ILCS 135/0.01 Short Title Harassing and Obscene Communications Act 1957. Amended 1998.

720 ILCS 135/1. Sending obscene messages

Any person in this State who sends messages or uses language or terms which are obscene, lewd or immoral with the intent to offend by means of or while using a telephone or telegraph facilities, equipment or wires of any person, firm or corporation engaged in the transmission of news or messages between states or within the State of Illinois is guilty of a Class B misdemeanor. The use of language or terms which are obscene, lewd or immoral is prima facie evidence of the intent to offend.

720 ILCS 135/1-1. Harassment by telephone. Amended 2000.

Harassment by telephone is use of telephone communication for any of the following purposes:

(1) Making any comment, request, suggestion or proposal which is obscene, lewd, lascivious, filthy or indecent with an intent to offend; or

(2) Making a telephone call, whether or not conversation ensues, with intent to abuse, threaten or harass any person at the called number; or

(3) Making or causing the telephone of another repeatedly to ring, with intent to harass any person at the called number; or

(4) Making repeated telephone calls, during which conversation ensues, solely to harass any person at the called number; or

(4.1) Making a telephone call or knowingly inducing a person to make a telephone call for the purpose of harassing another person who is under 13 years of age, regardless of whether the person under 13 years of age consents to the harassment, if the defendant is at least 16 years of age at the time of the commission of the offense; or

(5) Knowingly permitting any telephone under one's control to be used for any of the purposes mentioned herein.

Every telephone directory published for distribution to members of the general public shall contain a notice setting forth a summary of the provisions of this Section. Such notice shall be printed in type which is no smaller than any other type on the same page and shall be preceded by the word "WARNING". All telephone companies in this State shall cooperate with law enforcement agencies in using their facilities and personnel to detect and prevent violations of this Act.

720 ILCS 135/1-2. Harassment through electronic communications. Amended 2000.

(a) Harassment through electronic communications is the use of electronic communication for any of the following purposes:

(1) Making any comment, request, suggestion or proposal which is obscene with an intent to offend;

(2) Interrupting, with the intent to harass, the telephone service or the electronic communication service of any person;

(3) Transmitting to any person, with the intent to harass and regardless of whether the communication is read in its entirety or at all, any file, document, or other communication which prevents that person from using his or her telephone service or electronic communications device;

(3.1) Transmitting an electronic communication or knowingly inducing a person to transmit an electronic communication for the purpose of harassing another person who is under 13 years of age, regardless of whether the person under 13 years of age consents to the harassment, if the defendant is at least 16 years of age at the time of the commission of the offense;

(4) Threatening injury to the person or to the property of the person to whom an electronic communication is directed or to any of his or her family or household members; or

(5) Knowingly permitting any electronic communications device to be used for any of the purposes mentioned in this subsection (a).

(b) As used in this Act:

(1) "Electronic communication" means any transfer of signs, signals, writings, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectric or photo-optical system.

(2) "Family or household member" includes spouses, former spouses, parents, children, stepchildren and other persons related by blood or by present or prior marriage, persons who share or formerly shared a common dwelling, persons who have or allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, and persons with disabilities and their personal assistants. For purposes of this Act, neither a casual acquaintanceship nor ordinary fraternization between 2 individuals in business or social contexts shall be deemed to constitute a dating relationship.