Responding to Sexually Abusive Jewish Leaders
(כ) וְאֶל־אֵ֙שֶׁת֙ עֲמִֽיתְךָ֔ לֹא־תִתֵּ֥ן שְׁכָבְתְּךָ֖ לְזָ֑רַע לְטָמְאָה־בָֽהּ׃
(20) Do not have carnal relations with your neighbor’s wife and defile yourself with her.

והוסיף לטמאה בה כי לא ינקה כל הנוגע בה והוא טמא לעולם...

Scripture goes on to say to be defiled through her , for whoever touches a married woman shall not become clean, but shall be forever defiled.

(א) הַבָּא עַל אַחַת מִן הָעֲרָיוֹת דֶּרֶךְ אֵבָרִים, אוֹ שֶׁחִבֵּק וְנִשֵּׁק וְנֶהֱנָה בְּקֵרוּב בָּשָׂר, הֲרֵי זֶה לוֹקֶה, וְחָשׁוּד עַל הָעֲרָיוֹת.

(1) If one has bodily contact or petting with one of the arayot (people with whom sexual relations are forbidden), or he hugged and had genital contact (literally kissing; c.f. Yevamot 55b) and benefited from nearness of the flesh, he receives (biblically sanctioned) lashes, and in suspected of having relations with arayot...

(א) אָסוּר לְהוֹצִיא שִׁכְבַת זֶרַע לְבַטָּלָה. וְעָוֹן זֶה חָמוּר מִכָּל עֲבֵרוֹת שֶׁבַּתּוֹרָה. לְפִיכָךְ לֹא יִהְיֶה אָדָם דָּשׁ מִבִּפְנִים וְזוֹרֶה מִבַּחוּץ, וְלֹא יִשָּׂא קְטַנָּה שֶׁאֵינָהּ רְאוּיָה לֵילֵד:

(ב) אֵלּוּ שֶׁמְּנָאֲפִים בַּיָּד וּמוֹצִיאִים שִׁכְבַת זֶרַע, לֹא דַּי לָהֶם שֶׁאִסוּר גָּדוֹל הוּא, אֶלָּא שֶׁהָעוֹשֶׂה זֶה בְּנִדּוּי הוּא יוֹשֵׁב, וַעֲלֵיהֶם נֶאֱמַר: ''יְדֵיכֶם דָּמִים מָלֵאוּ'' (יְשַׁעְיָה א, טו), וּכְאִלּוּ הָרַג הַנֶּפֶשׁ:

(ג) אָסוּר לְאָדָם שֶׁיַּקְשֶׁה עַצְמוֹ לְדַעַת אוֹ יָבִיא עַצְמוֹ לִידֵי הִרְהוּר, אֶלָּא אִם יָבֹא לוֹ הִרְהוּר יַסִיעַ לִבּוֹ מִדִּבְרֵי הֲבַאי לְדִבְרֵי תּוֹרָה שֶׁהִיא ''אַיֶּלֶת אֲהָבִים וְיַעֲלַת חֵן'' (מִשְׁלֵי ה, יט). לְפִיכָךְ, אָסוּר לְאָדָם לִישֹׁן עַל עָרְפּוֹ וּפָנָיו לְמַעְלָה, עַד שֶׁיַּטֶּה מְעַט כְּדֵי שֶׁלֹּא יָבֹא לִידֵי קִשּׁוּי. וְלֹא יִסְתַּכֵּל בִּבְהֵמָה וְחַיָּה וָעוֹף בְּשָׁעָה שֶׁמִּזְדַּקְּקִין זָכָר לִנְקֵבָה. וּמֻתָּר לְמַרְבִּיעֵי בְּהֵמָה לְהַכְנִיס כְּמִכְחוֹל בִּשְׁפוֹפֶרֶת, מִפְּנֵי שֶׁהֵם עֲסוּקִים בִּמְלַאכְתָּם לֹא יָבוֹאוּ לִידֵי הִרְהוּר:

(ד) אָסוּר לְאָדָם שֶׁאֵינוֹ נָשׂוּי לִשְׁלֹחַ יָדָיו בִּמְבוּשָׁיו, כְּדֵי שֶׁלֹּא יָבֹא לִידֵי הִרְהוּר. וַאֲפִלּוּ מִתַּחַת טַבּוּרוֹ לֹא יַכְנִיס יָדוֹ, שֶׁמָּא יָבֹא לִידֵי הִרְהוּר. וְאִם הִשְׁתִּין מַיִם, לֹא יֶאֱחֹז בָּאַמָּה וְיַשְׁתִּין; וְאִם הָיָה נָשׂוּי מֻתָּר. וּבֵין נָשׂוּי וּבֵין שֶׁאֵינוֹ נָשׂוּי לֹא יוֹשִׁיט יָדוֹ לָאַמָּה כְּלָל, אֶלָּא בְּשָׁעָה שֶׁהוּא צָרִיךְ לִנְקָבָיו. וְעַיֵּן בְּאֹרַח חַיִּים סִימָן ג':

(1) It is prohibited to spill seed needlessly and this sin is more severe than all Torah transgressions. For this reason a man should not thresh inside and sprinkle [his semen] outside [of a woman], and he should not marry a girl who is unable to have children.

(2) Those who 'commit adultery' with their hand and thereby cause semen to be spilled it is not enough that this is a great prohibition, but one who does so should sit in excommunication and about them it is said "Their hands are full of blood" and it is as if they have killed a person.

(3) It is forbidden for a man intentionally make himself have an erection or to cause himself to think about sex. Rather if he thinks about sex he should remove himself from vain things and go to the words of Torah which is like a beloved doe and a graceful deer. Therefore it is forbidden for someone to sleep on their back with his face up, rather he should lean to the side so that he doesn't come to have an erection. And he shouldn't look at a beast or a wild animal or bird when the male and females are copulating. But it is permitted for those who bring animals to mate to 'put the applicator in the tube' because that is their work and it won't cause them to have sexual thoughts.

(4) It is forbidden for a man who is not married to touch his private parts so that he doesn't come to have a sexual thought. And he may not even touch anywhere under his belly button lest he have a sexual thought. And when he urinates he should not hold his member and urinate. But if he is married this is permitted. And whether married or unmarried he shouldn't put his hand on his member at all when he must relieve himself (see Orach Chaim 3).

(ט) מִי שֶׁנָּתַן עֵינָיו בְּאִשָּׁה וְחָלָה וְנָטָה לָמוּת וְאָמְרוּ הָרוֹפְאִים אֵין לוֹ רְפוּאָה עַד שֶׁתִּבָּעֵל לוֹ. יָמוּת וְאַל תִּבָּעֵל לוֹ אֲפִלּוּ הָיְתָה פְּנוּיָה. וַאֲפִלּוּ לְדַבֵּר עִמָּהּ מֵאֲחוֹרֵי הַגָּדֵר אֵין מוֹרִין לוֹ בְּכָךְ וְיָמוּת וְלֹא יוֹרוּ לְדַבֵּר עִמָּהּ מֵאֲחוֹרֵי הַגָּדֵר שֶׁלֹּא יְהוּ בְּנוֹת יִשְׂרָאֵל הֶפְקֵר וְיָבוֹאוּ בִּדְבָרִים אֵלּוּ לִפְרֹץ בַּעֲרָיוֹת:

(9) One who coveted a certain woman and became dangerously sick so that his life was despaired of, and the doctors declared that for him there was no remedy save that she be with him, he shall die even though she be not wedded and even though the remedy be for him to talk to her from behind a screen, no permission shall be given to him; let him die9Sanhedrin, 74b. C. but no permission be given him to talk to her from behind a screen, so that the daughters in Israel shall not be without protection, and thereby become accustomed to consider unchastity lightly.

"...sexual relations, if they are to adhere to Jewish concepts and values, may not be coercive. The other person may not be just the object of one's sexual pleasure."

-Rabbi Elliot Dorff, This is My Beloved, This is My Friend: A Rabbinic Letter on Intimate Relations (2011)

(א) ולא תונו איש את עמיתו. כַּאן הִזְהִיר עַל אוֹנָאַת דְּבָרִים, שֶׁלֹּא יַקְנִיט אֶת חֲבֵרוֹ וְלֹא יַשִּׂיאֶנּוּ עֵצָה שֶׁאֵינָהּ הוֹגֶנֶת לוֹ, לְפִי דַּרְכּוֹ וַהֲנָאָתוֹ שֶׁל יוֹעֵץ, וְאִ"תֹּ מִי יוֹדֵעַ אִם נִתְכַּוַּנְתִּי לְרָעָה? לָכַךְ נֶאֱמַר וְיָרֵאתָ מֵאֱלֹקֶיךָ — הַיּוֹדֵעַ מַחֲשָׁבוֹת הוּא יוֹדֵעַ. כָּל דָּבָר הַמָּסוּר לַלֵּב, שֶׁאֵין מַכִּיר אֶלָּא מִי שֶׁהַמַּחֲשָׁבָה בְלִבּוֹ, נֶאֱמַר בּוֹ וְיָרֵאתָ מֵאֱלֹקֶיךָ (ספרא; בבא מציעא נ"ח):

(1) ולא תונו איש את עמיתו YE SHALL NOT THEREFORE BE EXTORTIONATE TO ONE ANOTHER — Here Scripture warns against vexing by words (wounding a person’s feelings) — that one should not annoy his fellow-man, nor give him an advice which is unfitted for him, but is in accordance with the plan and the advantage of the adviser. But lest you should say, “Who knows whether I had any intention to do him evil?” Scripture therefore states: “but thou shalt fear thy God”! — He Who knows men’s thoughts, He knows it! In all cases where it is a matter of conscience (more lit., a matter handed over to the heart), when no one knows the truth except the one who has the thought in his heart, Scripture always states: “but be afraid of thy God”! (Sifra, Behar, Chapter 4 1-2; Bava Metzia 58b; cf. also Rashi on Leviticus 19:14.)

Rabbi Mark Dratch (J-Safe):

In 5719 (1959), R. Moshe Feinstein was asked to rule on the permissibility of playing the music of a certain song writer who was rumored to engage in disreputable behavior. (Teshuvot Iggerot Moshe, Even Ha-Ezer, I, no. 96.) R. Feinstein distinguished between this composer’s early compositions and his later ones. Any music written in his early years when this individual comported himself appropriately remained permissible; at that time he behaved properly and his later activities can not retroactively taint his prior achievements. One of the proofs that R. Feinstein brought is from the case of a Torah scroll that was written by a heretic—Jewish law requires that such a scroll be destroyed so as not to perpetuate his name, reputation or achievements. (Hil. Sefer Torah 6:8) However, the law also asserts that a scroll written while that person was a true believer remains valid, even if he later became an apostate.(Pit’hei Teshuvah, Yoreh De’ah 281, no. 2.) Concerning subsequent musical compositions, R. Feinstein stated that even those songs that this person wrote after his “reputation became objectionable” are permissible because music, unlike Torah scrolls, have no intrinsic holiness. Furthermore, the questionable activities had nothing to do with undermining the fundamentals of Jewish belief but rather with casualness with regard to the intermingling of the sexes that were not in keeping with Orthodox norms. Such a lapse would not render a Torah Scroll he wrote invalid; it would certainly not disqualify his music. R. Feinstein wrote nothing about learning Torah from this individual. However, based on R. Feinstein’s discussion, one might distinguish between the teachings and insights of a heretic before and after his apostacy: the earlier Torah would remain kosher; the latter Torah would be banned.

Rav Menashe Klein (Mishneh Halachos Vol. VI #108), without mentioning the view of Rav Feinstein comes to the exact opposite conclusion and writes that it is entirely forbidden to do so [to benefit from the music] – even in regard to the tunes composed while he was still “kosher.”

Rav Moshe Stern (Be’er Moshe Vol. VI #74 in the notes), the Debriciner Rav, also forbids the matter and even writes that it is forbidden to sell tapes of such individuals. Indeed, Rav Stern writes that one must even look into a person who would even stoop to sell such tapes. Interestingly enough, Rav Stern also does not mention the more permissive view of Rav Feinstein on the topic.

And while, most of the readership of this article, are not Skver Chassidim, the Halachic publication of the Skver Rebbe’s Kollelim (Zera Yaakov Gilyon #26) cites the more stringent view of Rav Moshe Stern in their halachic conclusions – ignoring entirely the view of Rav Feinstein.

(https://www.theyeshivaworld.com/news/headlines-breaking-stories/271131/halachic-analysis-an-artist-that-has-gone-astray.html)

ור"מ היכי גמר תורה מפומיה דאחר והאמר רבה בר בר חנה אמר רבי יוחנן מאי דכתיב (מלאכי ב, ז) כי שפתי כהן ישמרו דעת ותורה יבקשו מפיהו כי מלאך יי צבאות הוא אם דומה הרב למלאך יי צבאות יבקשו תורה מפיהו ואם לאו אל יבקשו תורה מפיהו...

The Gemara poses a question: And Rabbi Meir, how could he learn Torah from the mouth of Aḥer? But didn’t Rabba bar bar Ḥana say that Rabbi Yoḥanan said: What is the meaning of that which is written: “For the priest’s lips should keep knowledge, and they should seek Torah from his mouth; for he is an angel of the Lord of hosts” (Malachi 2:7)? The verse teaches: If the rabbi is similar to an angel of the Lord of hosts, perfect in his ways, they should seek Torah from his mouth; but if not, they should not seek Torah from his mouth.

Beit Ha'Bechirah:

It is forbidden to learn from anyone who is a heretic to the faith, but if he could not find another [to learn from], study from him and be careful that he does not stray after him.(i.e. When there are alternatives, seek the alternative sources of wisdom and instruction.)

וְכֵן הָרַב שֶׁאֵינוֹ הוֹלֵךְ בְּדֶרֶךְ טוֹבָה אַף עַל פִּי שֶׁחָכָם גָּדוֹל הוּא וְכָל הָעָם צְרִיכִין לוֹ אֵין מִתְלַמְּדִין מִמֶּנּוּ עַד שׁוּבוֹ לַמּוּטָב. שֶׁנֶּאֱמַר (מלאכי ב ז) "כִּי שִׂפְתֵי כֹהֵן יִשְׁמְרוּ דַעַת וְתוֹרָה יְבַקְשׁוּ מִפִּיהוּ כִּי מַלְאַךְ יי צְבָאוֹת הוּא". אָמְרוּ חֲכָמִים אִם הָרַב דּוֹמֶה לְמַלְאַךְ יי צְבָאוֹת תּוֹרָה יְבַקְּשׁוּ מִפִּיהוּ אִם לָאו אַל יְבַקְּשׁוּ תּוֹרָה מִפִּיהוּ:

A Rabbi who does not follow the good way, though he be a great scholar and all of the people stand in need of him no instruction should be received from him until his return to goodness, as it is said: "For the priests' lips should keep knowledge and they should seek the Law at his mouth; for he is the messenger of the Lord of Hosts" (Mal. 2.7). Thereupon the sages said: "If the Rabbi be like unto the messenger of the Lord of Hosts then shall they seek the Law at his mouth, if not, they shall not seek the Law at his mouth."1Ta’anit, 7b; Mo’ed Katan, 16a; Makkot, 10b. C. G.

Conservative Movement Statement on Sexual Harassment and Abuse:

Tuesday, November 28, 2017

​In light of the growing number of reports of sexual harassment in recent weeks, as evidenced in the proliferation of posts using #MeToo and #GamAni hashtags, the Conservative Jewish movement, as represented by the Rabbinical Assembly, the United Synagogue of Conservative Judaism, Women's League for Conservative Judaism, Federation of Jewish Men's Clubs, North American Association of Synagogue Executives, Cantors Assembly, Masorti Foundation, Schechter Institutes, Ziegler School of Rabbinic Studies, the Ramah Camping Movement, the Jewish Theological Seminary, and the Jewish Educators Assembly has issued the following statement:

"In the wake of ongoing revelations of alleged sexual misconduct, including the willingness of more and more women, and sometimes men, to tell their stories publicly, the Conservative Jewish movement condemns the behavior of those who use their positions of power to take advantage of others. We must be better attuned to these incidents, develop procedures and policies to prevent them, and condemn and when appropriate prosecute the perpetrators.

Jewish tradition prohibits physical or sexual abuse and teaches that kvod habriyot, the dignity of each person, is to be honored and maintained, and that onaat dvarim, verbal, and by extension other nonphysical abuse, is strictly forbidden, and cannot be tolerated at any level.

We must work to ensure that our Jewish organizations and also our society at large emphasize standards of propriety and respect, and that we have in place policies and structures where those abused or harassed can safely report incidents and know their concerns will be taken seriously. We agree with the Child Safety Pledge, signed by top philanthropists in the Jewish world who have committed to support only those schools, camps and other institutions that work with children to take steps to 'prevent, report and investigate sexual abuse of minors.' Let us ensure that our Jewish institutions meet their criteria."