Sunday, April 23, 2006

Psak in the name of R' Elyashiv: Valis is innocent

Update


I finally saw the pashkevilli and it did not say what the JPost article said. Nowhere is there a psak that he is innocent, rather it just says that everyone should help the family to prove that he is innocent.

Below is the actual קול קורא


End of Update



For those of you who have not followed the news in Israel, Yisrael Valis, a 19-year-old father is accused of violently killing his infant son. He was arrested before Pesach and is sitting in jail.

I cannot comment on the facts of the case other then what I have heard in the media.

Today I heard on the radio and saw online Halachic decree: Valis is innocent that R' Elyashiv paskened that he is innocent.

I don't understand this for many reasons.
1. This is not something that can be paskened on, he either did it or he did not. There is nothing to pasken.
2. There was no trial, no witnesses etc. brought before R' Elyashiv, the psak is based on what the "askanim" told him.

IMHO, this is a tremendous chillul hashem when these kind of "psakim" are reported. It makes halacha and psak into a joke.

The day he was arrested I heard an interview with Yehuda Meshi Zahav, the founder of Zaka, who is no stranger to being arrested. He said that while he does not know the specifics of this particular case, terrible things happen in the Charedi world (which he personally has knowledeg of through Zaka) and that the Charedi world need to stop trying to hide everything under the rug.

8 comments:

Anonymous said...

It doesn't make halachah and psak into a joke.

They were already made into a joke with the Slifkin affair.

This merely reinforces the conclusion.

Anonymous said...

I think you could delete the part where you call the "psak" a chilul hashem, since you yourself admit at the begining that what you wrote in the article, and based your comments on, has nothing to do with the Kol Koreh.

bluke said...

Unfortunately it still is a chillul Hashem because most of the people who read the Jerusalem Post have no idea what was really said. The sad thing is that the Jerusalem Post story was believable.

Dov said...

It's still a strange "psak." There still seems to be a presumption that he is innocent and a plea to help him be declared innocent rather than for the truth to be discovered.

Apparently R D Soloveitchik stated conclusively that he is innocent. On what basis, I don't know.

Anonymous said...

Marty, read the pashkevil again. It says that people should support his family in trying to bring the truth to light and prove his innocence. The clear presumption is that he is innocent. The only reason why they are not paskening that he is innocent is that they are taking it as a given!

Anonymous said...

innocent until proven guilty???

or is that included in dian d'malchusa dina, which doesnt apply to chareidim?

REReader said...

innocent until proven guilty???

or is that included in dian d'malchusa dina, which doesnt apply to chareidim?


Presumption of innocence is a pure legal construct, which establishes that the government has the burden of proof in a criminal case. That is ALL it means. It has NOTHING to do with common sense, daily life, or the assumptions or presumptions of people not directly involved in the criminal procedings. It doesn't even have anything to do with the feeling and thoughts of those who ARE directly involved in the criminal procedings. It has nothing to do with personal opinions or thoughts at all.

Anonymous said...

haaretz wrote the following: "The ruling describes the charge sheet against Vales as "blood libel.""
http://www.haaretz.com/hasen/pages/ShArtVty.jhtml?sw=
vales&itemNo=708305

my hebrew is really bad, but i couldn't find anything sounds like "blood libel".
is there a second ruling or was it haaretz style of reporting?