Baruch Pelta

Abramson
5/26/09
Psychology and Halakha
Rabbinic Authority and the Controersial Case o! "saac Hersh
"n a s#eech$ the acclaimed historian %onathan &arna recently made the !ollo'ing obseration
about American %e'ry(
) " !ind that in community a!ter community %e's actually !eel some'hat be'ildered
and uncertain* +hey 'onder( should 'e !ocus on ,uality to enhance %udaism or !ocus on
,uantity to increase the number o! %e's* &hould 'e embrace intermarriage as an
o##ortunity !or outreach or condemn intermarriage as a disaster !or o!!s#ring- &hould
'e build religious bridges or !orti!y religious boundaries. strengthen religious authority
or #romote religious autonomy- &hould 'e harmoni/e %udaism 'ith contem#orary
culture or u#hold %e'ish tradition against contem#orary culture- &hould 'e com#romise
!or the sake o! %e'ish unity or stand !irm !or cherished %e'ish #rinci#les- 0ou o! course
don1t e2#ect me to ans'er any o! those ,uestions$ but these actually are the ,uestions
that %e's all oer the country and in di!!erent moements are today debating and like
most great religious ,uestions$ they admit o! no easy ans'ers*
+he haredim are the ones 'ho hae o!ten res#onded to these ,uestions by tightening do'n on
religious standards* "t is this em#hasis on stringency 'hich led to the !ormulation o! the in!amous
haredi dogma o! Daas Torah 34a#lan 526578* +his essay e2#lores ho' the strict haredi em#hasis on
rabbinic authority 'as utili/ed in a #ublici/ed incident surrounding an adolescent*
9ichael Hersh is a haredi man 'ho took his 'i!e and t'o children to lie in "srael in 2002*
A!ter being charged by the "sraeli Child Protectie serices 'ith child abuse !or !orcing his children to
take medicine that they had not been #rescribed 'ith in 200:$ he sent his son "saac to a school in
+oronto* "n 2005$ 9ichael Hersh and his !amily moed back to the ;nited &tates. "saac began to attend
a school in Richmond !or reasons that do not seem to be in any #ublicly accessible reliable resource*
<n a isit to =e' 0ork in 2006$ "saac 'as kidna##ed by >unkno'n assailants? and brought to a
#sychiatric 'ard* +he 'ard #roceeded to ealuate "saac oer the course o! si2 'eeks and determined
that he 'as not in need o! #sychiatric care* At that #oint$ it 'as arranged !or him to lie 'ith Rabbi
Aryeh @olbe$ a rabbi in charge o! a #roselyti/ing grou# in +e2as* He 'ould lie there !or a little more
than nine months and his #arents allegedly >made no e!!ort to contact or isit their son "saac 3Ambush
:658* @hile enrolled in school in +e2as$ according to #rinci#le Ari &egal$ >"saac 'as a !ine and
u#standing citi/en o! the school community)Aor anyone to suggest that he 'as a behaioral #roblem
during his time in Houston$ 'ould constitute an outright lie 3Ble!!8*? Aor the summer o! 200C$ "saac
decided to go to +oronto !or a summer Dob* His #arents o!!ered to assist him in obtaining a #ass#ort to
Canada and he acceded* A!ter buying a ticket to +oronto$ "saac took a #lane to =e' 0ork 'here he met
'ith his #arents$ 'ho took him to their house* Barly the !ollo'ing day or the day a!ter$ t'o men
'orking !or an escort serice hired by "saac1s #arents ca#tured "saac and arranged !or him to be sent to
an institution !or troubled teens kno'n as +ran,uility Bay in %amaica$ a #art o! the @orld @ide
Association o! &#ecialty Programs and &chools 3@@A&P&8 3Ambush 5$ Eluck8$ !ounded by !ormer
Proo Canyons Boys &chool Firector o! Residential Giing Robert Gich!ield 3>+he 9en Behind +een
Hel#?8 and currently #resided oer by !ormer night 'atchman 4en 4ay 3Hehnder8*
+ran,uility Bay 'as re#uted as one o! the most hardcore institutions o! its kind* "t 'as run by
4ey 4ay1s son %ay 4ay$ 'ho a!ter managing a gas station mini6mart had become a guard at Bright'ay
Adolescent Hos#ital$ and then 'as #romoted to administrator 3>+ran,uility Bay I %amaica?8. a!ter it
shut do'n due to haing iolated arious state regulations 3Gee8$ %ay became the director o! +ran,uility
Bay 3>Bay?8* "n 2007$ %ay allo'ed a re#orter and a #hotogra#her >un#recedented$ e2clusie access*?
Her re#ort on the institution1s #ractices 'ere ery aluable since she 'as not biased as a student or a
sta!! member$ and there!ore could re#ort on the institution1s #ractices$ !rom a relatiely unbiased
#ers#ectie* <! course$ this 'as only 'hat a re#orter sa' 'hile e2#loring the institution under the
'atch!ul eye o! its caretaker* ;n!ortunately$ considerations o! breity #reent us !rom #rinting her
entire essay here$ but a si/able #ortion is necessary to gie the reader at least a general im#ression o!
'hat ty#e o! school "saac 'as sent to(
"n order to graduate$ students must adance !rom leel 5 to 6$ 'hich they do by earning
#oints* Bery as#ect o! their conduct is graded daily and as their score accumulates$ they
climb through the leels and ac,uire #riileges* <n leel 5$ students are !orbidden to
s#eak$ stand u#$ sit do'n or moe 'ithout #ermission* @hen they hae earnt enough
#oints to reach leel 2$ they may s#eak 'ithout #ermission. on leel 7$ they are granted a
3sta!!6monitored8 #hone call home* Geels :$ 5 and 6 enDoy signi!icantly higher status* "n
addition to enDoying #riileges$ such as 3strictly limited and a##roed8 clothing$
De'ellery$ music and snacks$ they are em#loyed !or three days a 'eek as a member
o! sta!!$ and must disci#line other students by issuing 1conse,uences1*
***&tudents 'ho !ail to gras# this !ormula are !orce!ully encouraged to get the message*
<ne girl currently has to 'ear a sign around her neck at all times$ 'hich reads( >"1e
been in this #rogramme !or three years$ and " am still #ulling cra#*? 3Aitkenhead8
Conditions 'ere #robably !ar 'orse. the "nternational &uriors Action Committee$ a non6#ro!it
'atchdog organi/ation dedicated to e2#osing child abuse at these sorts o! !acilities$ receied more
com#laints about +ran,uility Bay than any other institution* Com#laints included Jbeatings$ brutal
#hysical restraint resulting in broken bones$ se2ual assault$ KandL !ood de#riation 3>Bay?8*? =eedless
to say$ there is no kosher !ood$ no #rayer ,uorum$ and certainly no 'ay !or a %e' to lie a normatie
<rthodo2 li!estyle* @hat is #articularly strange about this #articular case is that 9ichael Hersh acted
'ith the su##ort o! no less a rabbinic !igure than Rabbi Aaron &chechter$ a member o! Agudath "srael1s
#restigious Council o! +orah &ages 3Eluck8*
Ga'rence 4a#lan has called the Council the >,uintessential embodiment o! the ideology o!
Daas Torah? 3558 and the !act that Rabbi &chechter is on the body indicates that he is considered !it
enough to e2ercise leadershi# ia said Daas Torah* @hat is strange is that Rabbi &chechter did not
contact the @olbe !amily 'ith 'hom "saac had been liing !or oer nine months neither to discuss
"saac1s #sychological state nor to in!orm them that "saac had been sent to +ran,uility Bay* "n !act$ the
@olbes 'ere com#letely una'are that "saac 'as in %amaica until a !riend o! "saac managed to
someho' get access to a com#uter and send an urgent email to Rabbi @olbe* <nce it became kno'n
'here "saac 'as$ arious sources tried to in!orm Rabbi &chechter 'hat +ran,uility Bay 'as$ but he
re!used to beliee them 3Eluck8* 9ichael Hersh1s #arents became concerned and sent out an email
e2#ressing their concerns$ 'hich eentually reached the inbo2 o! communal actiist +/i Eluck* Eluck
researched the !acts surrounding "saac Hersh and +ran,uility Bay !or 'eeks* @ith #ermission !rom
another member o! the Council o! +orah &ages$ Rabbi &hmuel 4aminetsky$ a small delegation
assembled to go to %amaica in order to someho' attem#t to rescue "saac* <nce they arried at the
American embassy to %amaica$ they 'ere told that "saac had an a##ointment at the embassy that day
but they 'ere not allo'ed to make erbal contact* +hey stationed themseles at the entrance to
embassy$ ho#ing that 'hen "saac a##eared$ he 'ould ask to s#eak 'ith them 3Eluck8* +heir #lan
'orked* A!ter "saac told horrible stories o! 'hat allegedly trans#ired at +ran,uility Bay$ Faid
Pelcoits$ a #sychology #ro!essor at 0eshia ;niersity 'ho 'as #art o! the delegation$ e2amined "saac
and declared that he had been both #hysically and mentally abused 3Ble!!8* +he delegation called Rabbi
&chechter$ 'ho u#on being in!ormed as to the true nature o! +ran,uility Bay$ immediately agreed that
"saac should be 'ithdra'n* 9ichael agreed to 'ithdra' "saac and the latter is currently liing 'ith a
!riend o! the Hershes 3Eluck8* "ncidentally$ +ran,uility Bay has since shut do'n 3>Bay?8*
@hile there are many !ascinating ,uestions surrounding this case$ " 'ould like to !ocus in on the
issues surrounding rabbinic authority* @ithout the im#rimatur o! Rabbi &chechter$ 9ichael Hersh
'ould #robably hae been considered deiating !rom <rthodo2y by sending his son to a school 'hich
made it im#ossible !or him to lie a normatie <rthodo2 li!estyle* @ith Rabbi &chechter1s backing$
ho'eer$ 9ichael1s decision 'as legitimi/ed* ;n!ortunately Rabbi &chechter did not bother to contact
the #arty in 'hose care "saac 'as entrusted$ nor did he beliee the in!ormation gien to him about
+ran,uility Bay$ des#ite the !act that said institution is kno'n !or its harsh conditions* "n other 'ords$
Rabbi &chechter did not do his research* +he truth is that Rabbi &chechter$ 'ho is #erceied by some
as a rabbinic sage$ has no e2#ertise in #sychology* " do not kno' i! Rabbi &chechter consulted 'ith a
#sychologist be!ore making his decision to allo' 9ichael to send "saac to +ran,uility Bay* Ho'eer$ in
light o! the !act that Rabbi &chechter 'as una'are o! the conditions in +ran,uility Bay until the
delegation called him$ it is im#ossible that he consulted 'ith somebody 'ho kno's about such
institutions*
+he 'ay Rabbi &chechter mishandled this case should instill an im#ortant lesson about Daas
Torah* &hould the #ros#ects o! Daas Torah increase in America$ " !ear there 'ill be many more cases
'here rabbinic authorities 'ill mishandle controersies o! all sorts* Fes#ite 'hateer insights into the
human condition the +almud may hold$ the rabbinic sages are not s#ecialists in #sychology$ science$
history$ or a host o! other to#ics they may lecture in ignorance on* +his ignorance may come to a!!ect
the %e'ish #eo#le in a horrible 'ay by denying them the e2#ertise o! s#ecialists in a ariety o! !ields
and instead !orcing their o'n innoatie ideas onto the %e'ish #eo#le* Ho#e!ully$ this 'ill not be the
outcome$ and in the !uture rabbis 'ill rely to some e2tent on s#ecialists to in!orm them o! the situations
in arious cases* +he !act that Rabbi 4aminetsky listened to 'hat he 'as told about +ran,uility Bay
and allo'ed !or "saac to be rescued indicates that there is ho#e !or the haredi 'orld*
@orks Cited
Aitkenhead$ Fecca* >+he Gast Resort*? <bserer KGondonL 9ay6%une 2007* 2C 9ay 2009
Mhtt#(//'''*guardian*co*uk/ education/ 2007/ Dun/ 29/ schools*uk5N*
Ble!!$ He* >+ragedy then +rium#h*? Commentator K=e' 0orkL A#r*69ay 200O* 2C 9ay 2009
Mhtt#(//'''*yucommentator*com/ home/ inde2*c!m-
eentPdis#layArticlePrinterAriendlyQu&toryRidP02!0de776aea76:2576O:a66:925e529b2OCN*
Eluck$ +/i* "nterie' 'ith He Brenner* +alkline 'ith He Brenner* &alem Communications* @9CA$
=e' 0ork* 2O 9ar* 200O* Aailed 9essiah*com* Bd* &hmarya Rosenberg* 70 9ar* 200O* 2C 9ay
2009 Mhtt#(//!ailedmessiah*ty#e#ad*com/ !ailedRmessiahcom/ !iles/ gluck*m#7N*
4a#lan$ Ga'rence* >Faas +orah( A 9odern Conce#tion o! Rabbinic Authority*? Rabbinic Authority and
Personal Autonomy* Bd* 9oshe &okol* <rthodo2 Aorum* =orthale( %ason Aronson$ 5992* 56
60*
Gee$ Henry 4* >;tah Adolescent Hos#ital &hut( Case o! +roubled <akland 0outh +riggered &crutiny *?
&an Arancisco Chronicle 9ar*6A#r* 599O* "&AC( "nternational &uriors Action Committee* 2C
9ay 2009 Mhtt#(//'''*isaccor#*org/ bright'ay/ bright'ay6adolescent6hos#ital*07*59*9O*htmlN*
>+he 9en Behind +een Hel#*? CA"CA( Coalition Against "nstitutionali/ed Child Abuse* 2C 9ay 2009
Mhtt#(//'''*caica*org/ +eenS20Hel#S206S20men*htmN*
&arna$ %onathan F* >+he Auture o! American %udaism*? Bndo'ed &ym#osia in %e'ish &tudies$ Herman
P* and &o#hia +aubman Aoundation* Congregation BTnai BTrith* 9ay6%une 2005* 0outube* 2:
A#r* 200O* 2C 9ay 2009 Mhtt#(//'''*youtube*com/ 'atch-
P/mA=b#yeA2oQ!eaturePPlayGistQ#PBOFCOC26AC60A65AQ#layne2tP5Q#layne2tR!romPP
GQinde2P6N*
>+ran,uility Bay 66 %amaica*? "&AC( "nternational &uriors Action Committee* 2C 9ay 2009
Mhtt#(//'''*isaccor#*org/ tran,uilitybay*as#N*
@ashington Center !or Peace and %ustice * Hersh* &ae "saacTs Gi!eU &ae "saac Hersh Aoundation* 2C
9ay 2009 Mhtt#(//geocities*com/ saeisaac/ !iles/ HershCom#laint*#d!N*
Hehnder$ "sabelle* >Com#elling Ailm About +een Rehabs Eone Bad I Part 2( FonTt Eet &tung by
@@A&P& I "tTs Basier +han 0ou +hink*? Re* o! <er the E@ IAn AdocateTs Point o! Vie'$
dir* =ick Eaglia* CA"CA( Coalition Against "nstitutionali/ed Child Abuse* 9ay6%une 200C* 2C
9ay 2009
Mhtt#(//'''*caica*org/ FonTtRgetRstungRbyR''as#sRitsReasierRthanRyouRthink*htmN*