Of late, there are politicians in Israel who have taken up the call to draft yeshiva students again. As a result, there are young yeshiva students who are blocking major arteries of traffic. These young men are known as “Peleg” students who are followers of students of the saintly Rav Shmuel Auerbach zt”l, and this issue has split the Lithuanian Torah community. It is a matter of serious controversy in Israel.
This situation is most disturbing—but It must be noted that whatever one believes—the kavod HaTorah toward our leading Torah sages, alive or no longer with us, must always be maintained. One should look at it as if, chalila (God forbid), one’s parents are fighting or divorcing. One may not take sides and must treat both parties with the utmost respect. Just as one may not say, “Dad is a raving lunatic,” one may not express statements about our Torah sages in such a manner. However, practically, one may discuss underlying issues.
Regarding the controversy itself, there are three such underlying issues.
What’s the Best Way?
The first issue involves what is the best way to go about ensuring that yeshiva students be allowed to continue studying unhindered by a forced draft. Rav Aron Leib Shteinman, zt”l was of the opinion that yeshiva students simply register and then continue learning undisturbed. He, apparently, felt that since this is not an actual draft, but merely registering for one, the situation can be handled politically if ever an actual draft is to come about. Rav Shmuel Auerbach, zt”l apparently felt that one should not grant even a foothold—and one should actively protest the draft and the draft registration.
Should Protesting Endanger Lives?
The second issue is how far does one protest? Rav Eliezer Menachem Shach, zt”l, however, was aware of some of the repercussions and extreme measures that some protestors may take. He spent time and effort clarifying to his followers that at all times protestors must act with the utmost derech eretz—like true Bnei Torah. There are videos of such instructions that Rav Shach has given.
Unfortunately, the decision to block traffic on the part of many Peleg protestors has led to situations of pikuach nefesh—life threatening dangers. Ambulances on verified emergency calls have been blocked. Children in need of oxygen have been stuck in traffic with no available emergency resources. Crucial medical flights have been missed. Indeed, it is impossible for the protestors to know what medical situation they are potentially hampering with their traffic blocking protests.
A woman in labor could hemorrhage to death, chalila, because she was stuck in traffic eight blocks behind the protestors. This second issue is no laughing matter.
It is clear as day that no leading gadol would ever sanction protests to a degree where it would risk lives. The situation is tantamount to instructing people to slash the tires of Hatzalah and Magen Adom ambulances in order to make a point. No gadol would ever sanction such behavior. It is also somewhat ironic that those people involved in creating this clear and present danger to Jews throughout Israel are filming incidents of “police brutality” in very dangerous scenarios.
It is clear then that, on account of the fact that there are life-threatening aspects to traffic protests, it is some mid-level administrator who is behind the Peleg traffic protests. It is not being sanctioned by any gadol, and certainly not Rav Shmuel Auerbach Shlita.
Long Term Repercussions To Protestors
The third issue is one of possible long term repercussions to those who participate in traffic blocking protests. Is blocking traffic halachically considered trespassing? Do we rule like those rishonim that trespassing is a form of gezel (stealing)? Does this type of gezel make one pasul l’aidus(disqualified from giving testimony)?
Some Other Underlying Issues
As others know quite well,there are a number of other very serious issues involved in the traffic stopping protests; the gravest issue, of course, is chilul Hashem (the desecration of God’snName), but there is also financial damage to third parties, there is danger to the participants themselves as well as to others, there is possible “lifnei Iver”(leading others to erroneous conclusions), there is massive bitul Torah (wasting time that could be devoted to Torah learning), and there is the possibility of making things significantly worse.
Chilul Hashem
It is certainly true that the Satmar Rebbe zt”l, as well as numerous gedolim in Eretz Yisroel understand the idea of protest as Kiddush Hashem (VaYoel Moshe Shalosh Shavuos Siman 113-114). This was also the view of the Brisker Rav zt”l. However, they never advocated protesting to the point of endangering lives.
Rav Moshe Feinstein, zt”l and Rav Aharon Kotler, zt”l were against all protests in the United States. They were attuned to the possible repercussions of chilul Hashem. It could very well be that the situation has now changed on account of instant media coverage so that others would now agree with them.
On Monday, Sept 2, 1957, (the 6th of Elul 5717) representatives of Agudas HaRabbonim approached the Satmar Rebbe in regard to a protest at Union Square. They told him that it was unbecoming of talmidei chachomim to behave in such a manner and that hatznea leches (modest behavior) should be the operative principle. The Satmar Rebbe rejected this view.
Damage
Another underlying issue is third-party damage. Regardless of what one holds about the issue being protested, it is absolutely forbidden to cause damage to a third party because one wishes to protest—even if the reason for his protest is a perfectly correct view. No longer is a protest a mere temporary delay, like it once was when Gedolei Torah allowed protests in the early 20th century. Now, the damage is much more extensive. If Reuvain is upset with Shimon, he simply may not damage Levi. The Tur in the beginning of Choshain Mishpat chapter 378 writes that it is forbidden to do damage to someone else, just like stealing is forbidden. Damaging is also a negation of the mitzvah of v’ahavta lerayacha kamocha according to the Steipler Rav (Kehilas Yaakov Bava Kamma Siman 1) and quite possibly a number of other Torah injunctions.
Danger
A second issue is whether one is permitted to protest in an illegal manner—without a permit. The Belzer Rebbe is cited, among other gedolim, as forbidding participation in a hafgana (protest) unless the protest has a legal permit – on account of the danger of sakanas nefashos (endangering life), aside from the issue of Bitul Torah (Hashkafas Hanetzach L’sh’ailos Hazman, p321).
The baser tendency of some human beings is to enjoy violence—this is true on both sides of the fence. Policemen have a tendency to hit, beat, shoot with rubber bullets and taser protestors. This is true in America, foreign countries and in Israel.
Gezel Shaina/Stealing People’s Sleep
It is said in the name of the Chofetz Chaim that stealing people’s sleep is one of the worst forms of gezel. His reason is that it can never be paid back. The recent hafganot, in many places, were held until the wee hours of the morning–and boisterously so. Babies, children, mothers and fathers could not sleep. Is this not Gezel Shaina?
Rav Shmuel HaLevi Vosner, zt”l the rav and av beis din of the Zichron Meir section of Bnei Brak, discusses the situation in the seventh volume of his responsa (Shaivet HaLevi #224).
Rav Vosner begins his response with the position that the term “theft” can only truly be used when one steals an actual item and the thief either uses that item or benefits from it. He writes that preventing someone from sleeping is prohibited because one person is not allowed to cause damage to another or to prevent another from realizing a benefit, but there is no actual theft involved. Rav Vosner admits that there is definitely a proof from Bava Basra 20b that preventing someone from sleeping is prohibited, as well as from Choshen Mishpat, Siman 156:2 and 3.
The Shulchan Aruch discusses whether someone is permitted to open a commercial store in a residential neighborhood. Rav Karo writes as follows:
“The immediate neighbors may prevent him from opening up such a store and tell him, ‘We cannot sleep, on account of the noise of those who are entering.’ He may only do his work in the house and sell it in the marketplace. However, they may not stop him and say, ‘We cannot sleep, because of the sound of the hammer, or the mill.’ This is because he already began doing this and they did not stop him from doing it earlier.”
Lifnei Iver
The issue of Lifnei Iver is also an issue. The overwhelming masses of people in Israel and elsewhere look at religious Jews as if they are a bunch of hooligans and such behavior causes a lifnei iver of hating Torah Jews.
It is hard to imagine a better way of getting other people to violate “Lo sisnha es achicha bilvavecha” (Do not hate your brother in your heart). Behaving in a manner that just gets other people to hate us—fosters lifnei iver. This says nothing of the lifnei iver caused to the police officers. And while it is true that Rav Elyashiv dismisses the specific lifnei iver of Shabbos violation involved in Shabbos hafganot, many other Poskim do not agree.
Bitul Torah
Rav Shach (cited in Torascha Shashu’ai p. 441) was approached by two students as to whether to partake in hafganot regarding archaeological digs. He cited the Gemara in Yevamos 63b that explains that they and their fathers would be punished. What does Hashem then want of us? That we do not violate bitul Torah!
Does it Help or Hinder?
The last question involves whether it helps or hinders. Has the Israeli government stopped the draft on account of the hafganot? Most people say no, and that it has rather served to infuriate the populace against the Chareidim. Others claim that they did help change matters. In this case, it seems that it made things worse.
Whenever there is a question about something helping or hindering we usually adopt a shaiv v’al ta’aseh (do nothing) approach. This should be done here as well. The leaders of the Peleg Yerushalmi movement used to identify with Rav Shach as well as Rav Elyashiv, zt”l. They do not identify with Rav Shteinman, zt”l. However, we have seen that the path of the previous leaders was to discourage this type of behavior. The vast majority of the Lithuanian Torah community, including Rav Chaim Kanievsky, zt”l, were against these hafganot.
It should clearly be stopped.
There are a number of askanim that are now preparing lists of which kollels in Eretz Yisroel are affiliated with Peleg and are planning on printing these lists so that American gvirim (philanthropists) can make their own decisions whether to continue supporting them.
We have had too many near misses. Heaven forbid that one neshama should be lost to Klal Yisroel on account of these ill-conceived and illegal life-endangering protests.
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