A judge has ordered a Brooklyn orthodox rabbi be freed after he refused to answer questions, saying his religion forbids him from testifying against other Jews.
The Los Angeles Times reports Judge Margaret Morrow ordered Rabbi Moshe Zigelman freed Monday, after he spent seven months in a Brooklyn jail.
Morrow ordered Zigelman freed, when a federal prosecutor agreed in court papers that “additional incarceration would be futile” in compelling the rabbi to testify.
Zigelman was found in civil contempt in Dec. 2011 after Morrow rejected his attorney’s argument that forcing him to testify would violate his First Amendment religious freedom.
The Jewish doctrine of mesira bars Jews from informing on other Jews to secular authorities.
Zigelman had been called before a grand jury regarding an investigation into the Spinka sect, which was accused of tax fraud.
He had pleaded guilty in 2008 to criminal conspiracy and received a two-year prison sentence.
(AP)
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21 Responses
Besides for getting people (like me) to click on the disgusting headline, why would YWN use such a negative, deragatory word in their title?
Especially about another Jew?
Are you a “frum” website or some filth tabloid?
I am not condoning or defending whatever happened (or didn’t) in the trial, but a “frum” website should not have such disgusting and immature titles.
Rabbi Ziegelman is a real Tzadik and Baal Mesiras Nefesh,he was Jailed at the MDC in Downtown Brooklyn which is a very harsh prison
#1, What’s wrong with the title? Aderaba, it praises him. (Or did it use to have a different title?)
The application of mesira to modern democratic countries is a matter of dispute as is its application to different situations. Blanket statements such as this misrepresent Halacha.
Avi K: Sources?
Massive Kiddush hashem. It should be a zchus for all of us
Millhoue – they are nicer words to describe what happened than “rat”.
yes areal holy man who we should look up to and the circle continues scam the government but do not rat and we will call you a tzadiuk
what a warped sense of morality frum people have
Baruch Hashem. Let’s not forget other Jews in jail, including Sholom Mordechai Rubashkin, Jonathon Pollard, Yankel Ostreicher & Alan Gross. We can’t let up in our efforts to demand their freedom.
#4, Why would the halacha be different in a “modern democratic country” than anywhere else? I have searched the entire siman in Shulchan Aruch for a hint that the nature of the political system is relevant, and come up with nothing; perhaps you can find it. There is no dispute among genuine poskim about this; the halacha is exactly the same in the USA as it was in Talmudic Bavel, medieval France, and the USSR.
to #8 peakman:
I suggest you go learn some sefarim on emuna and bitachon and you might find this person being a tzaddik less puzzling. And you might actually come to recognize and learn a lot of truly amazing hadracha for your life. Otherwise, I have no idea what you’re doing surfing and commenting on a frum website when you have so many others (non jewish)that will love your view.
To Milhouse:
Well said, you’re 100 percent right.
Shame, what a perverse example this creates. Let him rot in jail until he cooperates. There is no anti-semitism or Jew-hunting going on here. If you don’t want to follow the laws of the US, make like a banana and get out of here. This fellow doesn’t deserve this country’s hospitality. Neither does anyone praising him.
Rabbi Moshe Ziegelman is a true Tzaddik and we should be proud of him.
Zecher Tzaddik Livrocho means also that when we mention a living tzaddik also we should praise him!!
See Aruch Hashulchan Choshen Mishpat 388:7 (whch has been accepted as his actual view by Rabbi Gedalia Dov Schwartz in “The Abused Child — Halakhic Insights” Ten Da’at, Spring 1988 at page 12) and Tzitz Eliezer 19:52 (who also accepts it) regarding a just government and Shevet Halevi, Yoreh Deah 58 regarding a government whose laws are recognized as valid. This has also been quoted as the view of Rav Shlomo Zalman Auerbach (Ve’aleyhi lo Yuval, volume 2:113-114) and Rav Eliashiv (Rabbi Sinai Adler, Davar Sinai 45-46 ). All this is even if the government does not know that the person has information and he volunteers it. If the government knows and he refuses to testify, and even more so if he uses Halacha as an excuse, there is a massive chillul Hashem. This should be obvious. See also Rema Choshen Mishpat 388:12 that counterfeiters (and presumably other financial ciminals) damage the public and therefore they may be turned over to the authorities.
Too bad Solomon Dweck couldn’t keep his mouth shut like this fellow! Everyone knows, what is said about a “Moser”!
to 2pence:
I love your name here, your comments are not even worth that. I feel sad for you that your confined to being a frum jew (or perhaps just a jew). You must find yourself in an uphill battle each time with halacha. Your views are so not torah;dig and yiddish and have not the slightest streak of halacha in them that it;s a true reflection of how you live your life. I for example find, life, love, happiness, fortune, friends and solace from the torah and it’s stringent halachos; I dont find ways to make them easier or change them and the outcome is awesome. ashreinu ma tov chelkeinu. If you do cosider yourself jewish then I suggest you find the right path which will at least give you what it’s worth and what there’s to gain from it. Which is only a tremendous amount of understand and happiness. For starters; not massuring is one of the biggest demands in our torah. Love it or leave it.
Avi K
Your rabbi Schwartz will agree though that a sheila must be asked before taking any steps. If he doesn’t then he’s not a competent rabbi. In any case, this is a simple case of not massuring where those that were guilty already served and are serving and others that will make no difference should not be turned over by a frum jew. Read the good old gemara and you’ll see the simplicity and sense in what this r’ ziegelman did. And of course how special he is.
#15, The Aruch Hashulchan wrote for the censor’s benefit, and his words on such subjects cannot be trusted. For instance, see his chapter title for hilchos giyur! If R Schwartz thinks this was his true view, so what? Since when are we obligated to accept his word for it?
#7, Why would you want a nicer word to describe mesirah? “Rat” is a perfect word for it.
#13, the shame is on you. First of all, the laws of the Torah trump those of the USA. Second, you seem to be against both the laws of the Torah and the USA, since you want him to be held illegally: “let him rot in jail”. Once it’s clear that he is not going to cooperate, holding him in jail is kidnapping, without any legal basis, and yet you don’t care, because your hatred for the Torah is so strong. So why don’t you take your own advice and “make like a banana”, whatever that’s supposed to mean.
#20:
Contempt of court is a jailable offense under the law, so, um, try again.
#17: trust me, it’s not me who needs to find Hashem… But I’ll answer for me, and let you answer for you when the time comes. I’ve no need to convince you of anything; it’s no skin off my back how you live.