One of the Emanuel fathers who is supposed to be serving a two-week prison term at present is Ami Barber, whose daughter attends the controversial Beis Yaakov. Barber spoke with the media on Monday night, giving his insight into the controversy and the events as he perceives them.
Barber’s story was brought to the attention of the press after he was taken to the Ariel police station where he was detained for hours, eventually released to his home temporarily, where is continues to care for his 13 month-old son who has cardiac limitations.
Barber’s son underwent complicated open heart surgery at age two-months, surgery that saved his life, but today, he requires special care and has “cardiac limitations” as dad put it. As such, he is busy with the child as well as the non-profit that he established and runs full time, helping others with children with the same condition. Ami pointed out that when one arrives at Tel Hashomer Hospital’s pediatric cardiac unit, one may be surprised that the overwhelming majority of children with this difficult condition are from the chareidi stream. He explains this is because the non-frum have test done during pregnancy and most opt for an abortion R”L instead of bringing this child into the world.
As it became clear that the fathers and mothers would be going to prison, Barber approached the attorney representing them, who contacted the relevant social workers and state agencies to receive a special dispensation for him, since his presence at home is critical towards keeping his son alive, literally.
On Sunday, after returning home from Tel Hashomer Hospital, he found two policemen at the door who politely explained he should be in prison and they were dispatched to take him. Barber stressed the behavior of police was exemplary, and it was clear they were just shluchim, not particularly pleased with their assignment. After waiting for some 90 minutes, the policemen came to the realization that the proper authorization was not forthcoming so they suggested they all travel to the Ariel police station. Barber agreed, accompanied by his son, wife and a number of supporters.
It was now about 4:30pm and they were met at the police station by equally sympathetic officers, who explained “we are just following orders”. Barber explained to them “I am the son of survivors and that particular statement is difficult for me. Perhaps you can word it differently” and they agreed.
They were at the station for hours, and it is public knowledge that after the commander of the station met Barber and his infant son, and saw all the medical documentation, he was moved to tears in the awareness of the absurdity of the situation. Finally, they received a temporary release from the district prosecutor’s office, pending another High Court hearing on the matter. Finally, at 10:00pm, they arrived home.
BACKGROUND
Barber moved to Emanuel two years ago. It is one of the few communities in Yehuda or Shomron that does not have an acceptance committee, opening the doors to anyone who wishes to make the Shomron community home. Ami explains that as a result, many people have come who are not in line with the majority population, some who are not shomer shabbos at all, while others who are more modern, with TVs in their homes as well as other unacceptable lifestyle realities that are not in line with the chareidi community. He added there is a yeshiva for ex-cons, which on the one hand is wonderful, since they are turning to a life of shmiras mitzvos, but he adds “I know most of them personally and these are not homes in which I wish my daughter to visit”.
(It is important to explain that most moshavim and kibbutzim have acceptance committees, and as such, one can argue a policy of discrimination at the door since they only accept those families deemed suitable to their lifestyle).
Those families who opted to make Emanuel home, some wishing to send their girls to the school is the heart of the problem. He explains there simply is no discrimination, as those in the loop are well aware, adding 35% of the Beis Yaakov student body is Sephardi. In addition, there are many Ashkenazi girls who were not accepted because they too are not suited to the school and its strict regulations.
Barber, like many, laments the involvement of the High Court in the matter, which he feels has done more damage than good, and he is also pained by the reality that the community of 700 families is being split as a result and it is difficult to know how life will resume when this passes.
(Yechiel Spira – YWN Israel)
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23 Responses
The secular media has made this a totally Ashkenazi against Sefardi issue.
Why is the fact that the school is 1/3 Sfardi not publicized?
Why is the fact that Ashkenazi girls that don’t fit the hashkafos of the school are rejected also.
Why doesn’t YWN offer this story to other media outlets (like HaAretz!)
We are all prisoners of an alien oligarchy, whose true alliegence is to European atheist Socialism, who rule the State of Israel with an iron fist.
I don’t understand why we must make each person’s emotional story a part of the issue. It is very sad to see a Jew with a cardiac problem, but that is nothing to do with the issue at hand.
Arguing that other people discrimate as well, is not an excuse for being racist. We must set an example for the world, not vice versa
#3 – “Arguing that other people discrimate as well, is not an excuse for being racist.”
I do not see anybody attempting to make that excuse.
And by the way, there is no racism in Emanuel. What happened was that the Slonimer Chassidim did not want to send their daughters to a school that was attended by girls that did not not have the same religious standards. Because these girls happened to be Sephardim, the Israeli High Court said this was racism, and did not allow the Emanuel parents to send their daughters to a different school. Now the Gedolim have led us in protesting the secular Israeli High Court deciding what schools chaeridim must go to.
all this discrimination is so awful. i am so sad this had to reach bagatz. couldn’t we work things out?
Does anyone know the reason why in fact they were rejected??? “Hashkofos” is a VERY vague answer. I am aware that some schools will not take children if there father’s have an occupation. It appears that the court was not very impressed by the reason and for a school receiving public funds, they had to accommodate the girls.
Yes there is racism in schools.
They employ a quota system, so that even if the boys or girls fulfill the school’s guidelines they will not be accepted once the quota has been filled. The reason being, the school would get a name as a Sephardi school and then all the “good” Ashkenazi would stop sending their children.
And before any one starts jumping up and down shouting liar, not true, I was told this by the menahel of the Litvish cheder where I live. I was so disgusted I spoke to the Rav, he just answered what can I do that’s what the Godol behind the school paskened. I guess the rot goes all the way to the top.
And on a final note I (and I know many who expressed similar feelings) was a little disappointed that no one at last weeks macho’oh admitted that racism does exist and that we need to rectify the problem.
#3 samech tet – This email I received may be of help to you.
At first, I had the same knee-jerk reaction to condemn the charedi school as discriminatory and so forth. I have since read the 38-page BaGaTz decision on the complaint brought against the school, and discovered the following:
1. Attorney Bas, who investigated the situation at the school as representative of Misrad HaChinuch, found no evidence whatsoever of discrimination. In fact, there was a request by some mizrachim to open up a new school, but that request was denied by Misrad HaChinuch.
2. The question of fact, as to whether there was discrimination, or quotas, or the like in the school is not addressed anywhere in the judgment, but rather is assumed as ipso facto evident to the judges, despite the contrary findings of Attorney Bas, the only findings quoted. Indeed, the judges cite no evidence at all of any hidden agenda or quotas at play, other than their interpretation of the “true intent” behind the chassidish track’s takanon. This takanon, while likely quite draconian for anyone not in the “chassidishe velt”, is not at all out-of-line for that world (I’m familiar with schools in the US that have very similar rules).
3. It is interesting (and, I think, telling) that the fact that 27% of the students in the chassidish track were mizrachi was nowhere noted in the judges’ ruling. The vast majority of the decision consists of highly abstract reasoning about the balancing of rights between autonomy and human dignity, but virtually none about how the facts of the case prove discrimination.
4. It should be noted that at no time were charges of any kind brought against the parents who have been jailed for putative “contempt of court”. The defendants in the BaGaTz were the school administration, Chinuch Atzmi, and the Misrad HaChinuch. What is the legal basis for jailing parents who do not want to send their children to a particular school? Especially, when they have not been parties to any legal action whatsoever?
5. We should not be tricked into supporting a decision when it gores an ox we personally find ugly. When a power gets into the habit of making decisions without a clear legal and factual basis, we should all be concerned that our own oxen will be next.
6. If my understanding of the BaGaTz decision is mistaken, please correct me, with page references.
The average American jew cannot imagine what are the incredible things that a sephardi jews must face in their own land. Ever since the creation of the state sephardim were banned from many areas and good jobs, during the last 15 years, there are more and more sephardi doctors lawyers etc, anyone can be admited to any university college and apply for a good paying job. By the charedi society, this does not happen and every school who respects itself imposses a quota of %10 %20 or at the worst case %30 of sepahrdim, there are litteraly hundreds of good students or frum benei Torah families which are denied access because of this racial profile policy, the less sephardim a mosad has, the more desired and prestige it gains, this does not happen in nazi germany, it is a daily occurance in the most frum institutions, every ashkenazi institution accepts but the best sephardim leaving the medium students to the sephardi institutions, and than they complaint: “why do you insist on coming to my ashkenazi yeshiva/seminar”? the Emanuel case has been in the news for more than two long years, the principals and heads of the chinuch atzmai were requested to create a bet din which will decide each case seriously and fairly, but they denied any cooperation since we are dealing with matters of spiritual life and death, rabbi yaacov yosef decided to stop all this nonsense and appeal to the supreme court, after many attempts of arbitrations which all failed in the name of Torah of course, the judge has decided what he has decided. Of course as sephardi frum jews we are against any punishment which is against Torah law, however they left us no choice but to use the secular system. note that according to israeli law any school which is financed by the state, is obligated to follow the rules of anti discrimantion laws, they could have just open a private school without any gov aid like satmar but they decided to use government property, split it in two with a fence, and create a new superb school, of course they needed a fig leave in the form of the %30 sephardi students which gives them a hechsher, and it is wide spread in this part of the globe, after reading the frum media trying to paint it as a religious war, I must clarify and invite every non-bias american reader to try and register a sephardi name student, and understand that sepahrdim are fighting for their future generations
The state of Israel has become a total Joke all around the world, because at most difficult times of the state of Israels history, heading towards war etc. they are busy throwing a few week Haready WOMEN in jail.
Who cares about them? ignore them, why are we giving this issue so much negative attention? it anyway wont change their attitude towards the state, ignore it and leave it alone. Stop publicizing every time the Emmanual women sneeze.
Those women are stronger then we think, the have always been listening to the Haready giant Torah leaders, this has gone on for thousands of years, and Haradim have been in Jail, killed, tortured… but in the end Hareadim NEVER give in.
A good heading for this would be; “Emmanuel mothers are like eggs, the more you boil them the harder they become”
or
“Haredim are like eggs, the more you will boil them the harder they will become”
Time for the State to wake up and loosen up, it will save millions of Shekel of tax money, OH YES The State has become a big joke, all caused internal by the Zionist leaders and judges of the state of Israel.
Lets wake up and smell the coffee.
“Of course as sephardi frum jews we are against any punishment which is against Torah law, however they left us no choice but to use the secular system.”
Are you a shill for Lalum y”s?
HaRav Ovadia Yosef shlita said that anybody who brings a case to the secular courts without permission of beis din has no oilom habo. So on what basis do you say “however they left us no choice but to use the secular system”?
That’s divrei kfirah and morid haRabbonim.
#9 – How many Sefardic judges have been on the Supreme Court? Professors?
The Sefardic percentage of the Israeli Jewish population is approx. 25-30% (http://en.wikipedia.org/wiki/Sephardi_Jews), so 30% in the school seems to be right.
THINKING OUT LOUD, CAN YOU HEAR ME?
It seems that Judge Edmond Goldstone has lost his touch with reality.
The majority of the mothers he is sending to jail are of Sephardic descent, and they are going to jail for being discriminating against Sephardim. Do you understand the logic?
I suggest the judge should quietly take leave from the High Court before being forced out.
I agree with #6 people who work, but have to pay to keep people in learning are second class citizens.
I wish someone with respect in all camps would get up and say that it’s no sin to work for a living. I have a friend here who is a shomer at a school; he recently went to an agent selling new apartments in a frum town, and when the guy saw his shomer’s uniform, he said he didn’t want to be an agent for him, as “this town is really only for people who sit and learn all day, not work.”
To #11 I actually heard that Rav Yakov Yosef did give permission to go to the Bagatz. So what if a different Rov disagrees, even if he is bigger.
#12 “How many Sefardic judges have been on the Supreme Court? Professors? The Sefardic percentage of the Israeli Jewish population is approx. 25-30%”
This has been covered elsewhere. What I read was
* Sefardim are more than 50% of the population. I don’t know if this is accurate in light of the Russian aliyah, though
* there have been 4 Sefardi justices in the 60 year history of the medina. At present, of 14 “justices”, one is Sefardi.
* Tel Aviv University, as an example, has 93% Ashkenazi professors.
Make no mistake, there is or was much anti-Sefardi discrimination in Israel. But it has always been from the Tzionim, not from the Jews.
This is easy to understand, because the Tzionim came from Russia and Europe and the Sefardim came from Arabic speaking lands. Since the Tzionim didn’t identify with Yiddishkeit, they viewed the Sefardim as non-Jews, chas v’sholom. And they persecuted them bitterly in the early days including frying out many religious Sefardim and Teimanim. Of course this was as much Jew-hatred as it was discrimination against the Sefardim, but even today many people don’t understand that the fine points of what happened and are just angry and bitter about the dynamics without understanding them.
To Samshark and Cheesed:
Sammyboy, Rav Ovadia never said that, and if that was the case, so I guess that either satmar brother that is a “rebbe” now has Olam haba, just like the bobovers that brought their cases to a secular court in America because they did not trusted the Bet Din!!!
and to Cheesed: from were you get your info?? most of the mothers were Yiddishe mamas ashkenaziot, maybe one was a sefardic one converted to the ashkenazi way of life. so get you “facts” straigth before posting.
I’m surprised YWN allows smolanim to infest these forums with disrepectful conduct and sheker gomur. Why do the smolanim have a voice on Jewish sites when we have no voice on their sites?
#14 “To #11 I actually heard that Rav Yakov Yosef did give permission to go to the Bagatz. So what if a different Rov disagrees, even if he is bigger.”
It’s a very clear issur to bring cases to the secular courts davka in Israel without prior consent of beis din where the Gedolei Yisroel have already paskened a clor issur.
The “so what” is a lack of kovod haTorah and morid haRabbanus. Do you not see the problem with a son going against his father’s psak and not seeking his counsel?
I guess from your logic you could hold by what the reformers say, because according to you, “what difference does it make if a different Rov disagrees, even if he is bigger?”
#9 – That is not the story that I heard. I was under the impression that the Slonimer Chassidim did not want to send their daughters to a school that was attended by girls that did not not have the same religious standards. Therefore, the school was split into two tracks – one for the more chareadi, and one for the less chareadi. Because many of the less chaerdi girls happened to be Sephardim, the Israeli High Court said this was racism, and that all the girls must be educated together. Look at it this way – how would you feel if your daughters were suddenly being taught in a class of people who looked at yiddishkeit in a very different way than you do? Not only that, but the High Court did not allow the Emanuel parents to send their daughters to a different school.
I find your account difficult to believe. If things were as black and white as you portray them, why would Rav Elyashiv, Rav Shteinman, Rav Wosner, Rav Kanievsky, Rav Karelitz, Rav Lefkowitz, to name a few, back Chinuch Atzmai? If things were indeed as you’ve told them, why would Rav Ovadya Yosef say the Lalum has no Olam Haba?
#18
Rav Yakov Yosef is a very respected posek in his own right and quite capable of making his own decisions. I am sure he knows the halocho and nonetheless felt that in this case it was permitted to go the secular court. If a Rov holds a position as a דעת יחיד does that he mean he is a מורד ברבנות for failing to accept the opinion of the majority ? This idea that there can be no dissenting view and that every one including a Rav who is major posek has to submit and be מבטל themselves to the p’sak of the Godol Ha’Dor or other Gedolim is a made up Charadi fantasy.
Does every Rav have to check their p’sakim with their fathers ?
Your final comment, “I guess from your logic you could hold by what the reformers say, because according to you, ףwhat difference does it make if a different Rov disagrees, even if he is bigger? is so ridiculous that it is not even worthy of comment.
I’m really very surprised YWN allows so much sinat chinam from samshark, his posting are full of arrogance and disrespect for his fellow Jew, unfortunately jews like him were the ones that destroyed the beit haMikdash.
#14 – “I actually heard that Rav Yakov Yosef did give permission to go to the Bagatz.”
Really? Where did you here this from? All I heard was that Rav Ovadya Yosef said that anybody who goes to the secular courts has no olam haba.
#16 – “Sammyboy, Rav Ovadia never said that”
He most certainly has, as I’ve pointed out to you time and time again. Just because something inconveniences you doesn’t mean it didn’t happen.
“most of the mothers were Yiddishe mamas ashkenaziot, maybe one was a sefardic one converted to the ashkenazi way of life.”
I find it incredible that somebody can say “maybe one was a sefardic”, clearly showing that you do not have any concrete figures, and still blast another commentor saying “from were you get your info??… so get you “facts” straigth before posting” in the very same post. Do you realize how contradictory that is?
#20 – “Rav Yakov Yosef is a very respected posek… he knows the halocho and nonetheless felt that in this case it was permitted to go the secular court.”
I have never seen anywhere that Rav Yaakov Yosef allowed Lalum to go to the High Court, I would appreciate if you could bring me a source for that.
“If a Rov holds a position as a דעת יחיד does that he mean he is a מורד ברבנות for failing to accept the opinion of the majority ? This idea that there can be no dissenting view and that every one including a Rav who is major posek has to submit and be מבטל themselves to the p’sak of the Godol Ha’Dor or other Gedolim is a made up Charadi fantasy.”
Actually, in the times of the Sanhedrin if the Sanhedrin paskened one way al pi rov, and one of the dissenting poskim would pasken not like the rabbim halacha li’maseh, he was warned to stop, and if he kept at it he was executed. Now obviously today we have no Sanhedrin, and we cannot know who is right and who is wrong, but this concept is certainly no “Charadi fantasy”
#21 – Wow. You’ve outdone yourself.
“I’m really very surprised YWN allows so much sinat chinam from samshark, his posting are full of arrogance and disrespect for his fellow Jew, unfortunately jews like him were the ones that destroyed the beit haMikdash.”
Because saying that “his posting are full of arrogance and disrespect for his fellow Jew, unfortunately jews like him were the ones that destroyed the beit haMikdash” isn’t sinas chinom at all, right? The hypocrisy of this comment is truly staggering.
I don’t understand Israeli jurisprudence. How can the Court issue orders to people who are not parties to the case? If it can legally, the Knesset should act to restrain a runaway judiciary.
As an American prospective oleh, it gives me pause to entrust my life, freedom, and property to such an ungoverned system.