-Although they were able to pressure R' Aron Schechter in to getting the father to sign the release papers for his son from tranquility bay, he has not relinquished custody of Isaac.
Some feel that he wont because he will claim he did nothing wrong, he had Daas Torah and he was forced to get his kid out. However, Isaac is still a wild kid and still needs to be taught a lesson. This can happen as most people will move on with there lives thinking at least hes not in Jamaica. Big Mistake.
Just because he's back home does not mean that whatever happens now is better than him being there. His father may be capable of dishing out more abuse than what he has received until now. especially since he must really be angry now that he was forced to release his son.
Apparently, the only way someone can justify sending his son to behaviour mod. camp is by thinking that his kid needs to be "taught a lesson". Well, since he was forced to release his son, the lesson has not yet been taught. This mix of anger and an "unfinished lesson" can put Isaac's life in greater danger than it has been until now.
It is very important for us to keep up the pressure on Michael Hersh so that he release's custody of his son. We must remember that even if all the other claims of abuse cannot be proven, one thing remains. Isaac Hersh was sent to a behaviour modification facility outside of the USA. Anybody who can do that to their own child is unfit of raising them.
The fact that he may have been at his wits end is a bad excuse. There are better options out there.
There will be members of the Chaim Berlin community who would like to see Isaac remain in the custody of his father. Just so they can claim The whole story was a simple misunderstanding , the father is a good guy and him and R' Schechter were simply fooled by Tranquility bay into believing it was something that it was not.
Fact is there are to many parts to this story that prove the father ain't that innocent. Although the sense of urgency is now gone, we must remain vigilant.
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1) I believe there is a difference in Halacha if someone is considered a Tzadik, Rosha or average, regarding how much you have to be Dan him Lekaf Zechus so if he has a "track record" it may impact this obligation.
2) If you know someone did something wrong you don't have to minimize the wrongness of the act, rather you assume that there were unusual circumstances and pressures that make it more difficult for the person to resist temptation etc. This way, while saying what he does is clearly wrong we don't have to be judgmental toward him personally.
3) We can't use this concept as a means of absolving ourselves from the obligation to protect innocent victims (i.e., you can't be a Tzadik toward the alleged perpetrator at the expense of the victim).
1 comment:
There is a concept of “megaleh ponim baTorah shelo kehalacha”, roughly translated as utilizing Torah for an impact that is not consistent with halacha. There is a precious trait of being “dan lekaf zechus”. That never implies that someone cannot be held responsible for acts that are against halacha. If that was the intent, then a beis din could never find someone “chayav” since there would be a dictate to be “dan lekaf zechus”. When someone is guilty, then he is guilty. We are not expected to “kasher” aveiros with this trait.
There are certainly more facts to be obtained, and the average among us do not know all the inside stories. We do not know the extent of what this child had done, and we do not know how much effort was invested in trying to place him somewhere. We do not know the circumstances of his situation before being placed. We do know the horrible atrocities that are done at the facility in Jamaica, and we are justified in questioning the judgment of all those who chose the location in light of its track record. Most of us would do more research for a shidduch, let alone a loco parentis. We cannot answer lots of questions. But to proclaim that there was daas Torah when facts were not available, to minimize the mesira of pushing Jamaican authorities to arrest Yidden for rescue efforts, those are foolish attempts that try to hide behind catchphrases of “dan lekaf zechus” and “daas Torah”. Bad judgment is understandable. Rishus is not. No catchphrases will “kasher” that for me.
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