Jul 20, 2011
Jewish Prisoner Loses Bid To Grow Beard In prison
Albert Kuperman is an inmate in a prison in New Hampshire, incarcerated for sexually molesting a female minor in 2002.
Kuperman is no stranger to suing the prison authorities in court. He sued in the past for having his kosher food allowance taken away, after he was caught purchasing non-kosher food in the prison canteen. The judge took away his allowance for kosher food for 6 months as punishment to deter insincere requests that cost the state more money than what is normally provided. After arguing in court, and having Lubavitch Rabbi Krinsky defend his position saying "If a diabetic was caught eating sweets, would it be appropriate for him to be punished by forcing him to eat a high sugar diet for six months?", the courts renewed Kuperman's kosher food allowance.
That was until he was caught again buying non-kosher food, after which he was no longer supplied with kosher food.
Kuperman got upset at another issue that disturbed his religious rights. Kuperman wanted to grow a beard, and the prison did not let him. The only waiver for facial hair allows for a 1/4 inch neatly-trimmed beard. That is not enough for Kuperman who suddenly considers a long beard to be a central tenet to his religion.
He went to court last year about this, and the federal court issued the judgment, which was appealed by Kuperman. The U.S. Circuit Court of Appeals just ruled in the Kuperman case unanimously in favor of the prison officials. The right of expression and religion is trumped by the the prison officials concern for hygiene and security. They need inmates to be easily identifiable, and if inmates can grow long beards at will, it can make their identification much more difficult. (source: CBS Boston)
Did he really do teshuva, or is he just trying to take advantage of the prison system? Does the fact that he committed a crime take away his right to express himself religiously? My personal inclination was to say "not being able to grow his beard more than 1/4 inch violates a basic tenet of his faith, but molesting a 13 year old girl did not?", but maybe since then (it happened 7 years ago) he has truned a page? Maybe he is sincere, or trying to be? Why should he not be able to do more things religious, just because 7 years ago he committed a crime?
It bothers me when these guys go to court and fight for their religion when they so easily did not care about it when they were committing their crimes. But maybe the years in prison have changed him, made him more concerned about his religion, and if the only way to get those considerations is to fight in court, then why not? Must he be forced to violate his religious beliefs now just because he did 7 years ago?
Whether growing a beard or not is really a basic tenet is a different issue. he very well might have been made to believe it is, as most of the rabbis in the prisons are Chabad, and Chabad really does believe seriously in the growing of beards as a basic tenet. He probably was influenced in that regard by a Chabad rabbi.
Kuperman is no stranger to suing the prison authorities in court. He sued in the past for having his kosher food allowance taken away, after he was caught purchasing non-kosher food in the prison canteen. The judge took away his allowance for kosher food for 6 months as punishment to deter insincere requests that cost the state more money than what is normally provided. After arguing in court, and having Lubavitch Rabbi Krinsky defend his position saying "If a diabetic was caught eating sweets, would it be appropriate for him to be punished by forcing him to eat a high sugar diet for six months?", the courts renewed Kuperman's kosher food allowance.
That was until he was caught again buying non-kosher food, after which he was no longer supplied with kosher food.
Kuperman got upset at another issue that disturbed his religious rights. Kuperman wanted to grow a beard, and the prison did not let him. The only waiver for facial hair allows for a 1/4 inch neatly-trimmed beard. That is not enough for Kuperman who suddenly considers a long beard to be a central tenet to his religion.
Did he really do teshuva, or is he just trying to take advantage of the prison system? Does the fact that he committed a crime take away his right to express himself religiously? My personal inclination was to say "not being able to grow his beard more than 1/4 inch violates a basic tenet of his faith, but molesting a 13 year old girl did not?", but maybe since then (it happened 7 years ago) he has truned a page? Maybe he is sincere, or trying to be? Why should he not be able to do more things religious, just because 7 years ago he committed a crime?
It bothers me when these guys go to court and fight for their religion when they so easily did not care about it when they were committing their crimes. But maybe the years in prison have changed him, made him more concerned about his religion, and if the only way to get those considerations is to fight in court, then why not? Must he be forced to violate his religious beliefs now just because he did 7 years ago?
Whether growing a beard or not is really a basic tenet is a different issue. he very well might have been made to believe it is, as most of the rabbis in the prisons are Chabad, and Chabad really does believe seriously in the growing of beards as a basic tenet. He probably was influenced in that regard by a Chabad rabbi.
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Every Chabad rav knows that keeping an untrimmed beard is l'chumra. Among chassidim it may be considered an important chumra, but a chumra nonetheless.
ReplyDeleteYes, many hanging around Chabad may see the shluchim all with untrimmed beards and assume it's a religious requirement.
Chabad shluchim are not ignorant of the Shulchan Aruch, almost all have smicha and have learned in kollel for a few years.
if he keeps shabbat and hagim, if he davens regularly, maybe. if not, the judge should tell him לקפוץ
ReplyDeleteAkiva - I know many treat it with ultimate holiness, saving every beard hair that falls out, and many wont allow a hair to be touched or cut in any way. Even if they know that it isnt necessarily halacha, but more kaballa, they treat it with utmost holiness.
ReplyDeleteben - I am sure he keeps some things and other things not or not as much.
ReplyDeletelet's say he sometimes davens and sometimes not? if he is careful on shabbat about some things but not other things?
saving every beard hair that falls out
ReplyDeleteSounds like a really sick obsession.
According to the Tzemach Tzedek - the 3rd Rebbe in the Chabad dynasty, trimming a beard is an Issur d'Oraysa.
ReplyDeleteNow the Piskei Tzemach Tzedek hold the most weight in Chabad (more than shulchan oruch horav), so the logic would go that just because your oiver on one issur (or many) that doesn't qualify you to be oiver on another!
Akiva, i'm not sure you have been through the full chabad yeshiva system, but the above law is quite common knowledge in Chabad, so although they may know it as outside Chabad considering a Chumra, Lubavitch policy is definitely not that way, all you have to do is look in any of the letters of the Rebbe or previous Rebbe or Rebbe Rasha'b on that matter, and you'll see the stroong language used in this regard..
Rafi G, "treat it with ultimate holiness" yes, "saving every beard hair that falls out," bogus, though you may have a few mentally imbalanced who may do that, however by the vast majority this policy is nonexistent.
Are Muslims allowed to? Or was he judged based on his apparent inconsistencies?
ReplyDelete