A Rebbe in a Kiryas Joel Yeshiva was arrested on Friday. The crime? Hitting a child. Sources tell YWN that the 13-year-old child was hit by his Rebbe, and the child immediately called the police to file a complaint. The NY State Police arrived at the Yeshiva, and after an investigation, took the rebbe into custody. A photo of the NY State Police outside the Yeshiva quickly went viral. It appears the rebbe has since been released. Recently, YWN reported about another incident where a Rebbe struck a child, and published a Halachic analysis by Rabbi Yair Hoffman if this is permitted. The following is the analysis: UNITED STATES LAW Shockingly enough – there is no Federal law in the United States that prohibits corporal punishment in the United States. As of 2019, 31 or 32 states forbid it, and 18 or 19 states permit it – even in public schools. New York State forbids it in public schools but allows it in private schools. There is more. A 1970’s Supreme Count ruling called, “Ingraham v. Wright,” rules in favor of the right of a school to spank children. In it, the Supreme Court upheld the constitutionality of corporal punishment in schools by a 5-4 vote. In that ruling, Justice Lewis Powell explained that the Eighth Amendment of the US Constitution was written only to protect the rights of convicted criminals, but not to schoolchildren confined to school. Yes, you read that correctly. Judge Powell further explained that in cases where corporal punishment crosses the line from a mere paddling to a severe beating, parents can sue in civil court and also bring up criminal charges for battery. THE THINKING BEHIND IT ALL What is the thinking behind allowing a school to spank? Apparently, those who support it claim that it is a quick method to restore order and learning – particularly for an offending student. There is no need for suspension when this type of punishment will get the young man back in line. Opponents feel that it can do some very serious harm. THE HALACHA But what is the halacha? Where does Jewish law stand in all of this? In Mishlei (19:17) we read the advice of Shlomo HaMelech: “yaser bincha v’yanichecha – Chastise your son and he will give you rest, and he will grant pleasures to your soul.” But what does chastise here mean? In Yore Deah 245:10, the Mechaber rules that one may only implement corporal punishment if one does not do it cruelly. He states that it must be done with a shoe lace, a small retzuah. In other words, a paddle is explicitly forbidden to be used by the Shulchan Aruch. This requirement that it be a shoelace strap is found in the Gemorah in Basra 21a. Kicking a child would also be forbidden by the Shulchan Aruch. The punishment that is given may not be “makas oyev – the striking of an enemy” nor “mussar achzari –cruel punishment.” Indeed, the Chazon Ish (Yore Deah 2:16) writes that in contemporary times even this should not be done. THREATENING WITH A PADDLE Rav Moshe Feinstein zt”l (Igros Moshe YD Vol. IV #30) rules that not only is the use of a paddle or stick forbidden, but even threatening with the use of it is […]
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