Monday, June 2, 2014

Chanifa: Can a chareidi Jew be involved in a sting operation to arrest Jewish drug dealers?

In the course of researching the issue of chanifa – as a central psychological dynamic – I came across the following discussion by Rav Yitzchok Zilberstein (Aleinu LeShabeach Bereishis page 424). This is an example of chanifa – for the purpose of destroying criminals by convincing them that you are also a criminal. I found it fascinating that he viewed working with the police to deceive and arrest Jewish criminals to be a desirable activity. This is another illustration of the point that there is clearly no prohibition of moser when helping the police remove harmful elements from society.

A chareidi Jew came to Rav Zilbserstein with the following question. The police had a major drug problem in a city near Tel Aviv. That meant drugs were readily available and many young people’s lives were being ruined by becoming drug addicts and becoming criminals in order to pay for their addiction. The normal procedure is to have an undercover agent gather information and buy drugs and then call in the police force to arrest the drug dealers. In this case there were at a large number of drug dealers – but the police were unsuccessful in introducing an agent that didn’t arouse suspicions. 

It occurred to the police chief that a chareidi Jew would be the least likely candidate to arouse suspicion since chareidim are typically not involved in working with the police in these type of operations. He would simply be assumed to be someone who went off the derech. The police chielf proposed that this undercover agent be given a large roll of bills to attract the sellers and bring them into one room and then the agent would give a prearragned signal and all the dealers would all be arrested at one time. The police chief persuaded this chareidi Jew to participate and the operation was successful and 60 drug dealers were arrested.

Question: Firstly this chareidi Jew asked Rav Zilberstein whether it was permitted for him to have created a chilul hashem during the time when it was perceived he was buying drugs – as a chareidi Jew? Secondly he wanted to know whether it was permitted to deceive all the dealers to come into one place in order to have them arrested – even though he knew that they were wicked people who caused others to sin?

Rav Zilberstein replied in the affirmative to both questtion and gave the justification from a similar incident in Tanach (Melachim II Chapter 10). Yehu in the beginning of his reign as king was a tzadik and fulfilled the Will of G-d. His goal was to execute all the priests of avoda zara. In order kill them he invited them all to a major feast and said (Melachim II Chapter 10:18), “Achav served Baal a small amount but Yehu will serve him a great amount.” When all the priests of Baal were gathered together in one room – he sent men in to massacre every one of them. For this G-d praised him.

Rav Zilberstein concluded, “You did not sin against these drug dealers but rather you aided the police to put them in prison to prevent them from continuing their horrible activities. Therefore it is clear that you did the right thing.”

Rav Zilberstein added the following comment
'I want to discuss an additional lesson we learn from Yehu. Sanhedrin (102a) asks why didn't Yehu continue walking with the ways of G-d until the end of his days as Tanach clearly states? Abaye tells us an incredible explanation. He says it was because of the words he used to trap the priests of Avoda Zara. By saying that Achav only worshiped idols a bit and he was going to do it a lot - he was forced at the end to fulfill his self imposed obligation to worship idols - even though he had said these words for the sake of heaven in order to convince the false prophets to come to the feast and enable him to kill all of them at once. Nevertheless.he needed to have been more careful in choosing his words and not to mention explicitly that he was going to worship idols. This lesson needs to be engraved very well on our hearts. Because sometimes at a moment of anger a person says things which are the opposite of beracha against another person. It is necessary to be aware that all words that come out of a person's mouth have great power - both for good and bad.
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These are the relevant verses: 
Melachim II Chapter 10): 18. And Jehu gathered all the people together, and said to them, Ahab served Baal a little; but Jehu shall serve him much.19. And therefore call to me all the prophets of Baal, all his servants, and all his priests; let none be missing; for I have a great sacrifice to make to Baal; whoever shall be missing, he shall not live. But Jehu did it with cunning in order to destroy the worshippers of Baal. 20. And Jehu said, Proclaim a solemn assembly for Baal. And they proclaimed it.21. And Jehu sent through all Israel; and all the worshippers of Baal came, so that there was not a man left who did not come. And they came to the house of Baal; and the house of Baal was full from one end to the other.22. And he said to him who was in charge of the wardrobe, Bring out garments for all the worshippers of Baal. And he brought them out garments.23. And Jehu went, and Jehonadab the son of Rechab, to the house of Baal, and said to the worshippers of Baal, Search, and look that none of the servants of the Lord should be here with you, but the worshippers of Baal only.24. And when they went in to offer sacrifices and burnt offerings, Jehu stationed eighty men outside, and said, If any of the men whom I have brought into your hands escape, he who lets him go, his life shall be for the life of him.25. And it came to pass, as soon as he had finished offering the burnt offering, that Jehu said to the guard and to the captains, Go in, and kill them; let none come out. And they struck them with the edge of the sword; and the guard and the captains threw them out, and went to the city of the house of Baal.26. And they brought out the images from the house of Baal, and burned them.27. (K) And they broke down the pillar of Baal, and broke down the house of Baal, and made it a latrine to this day.28. Thus Jehu destroyed Baal from Israel.29. But from the sins of Jeroboam the son of Nebat, who made Israel sin, Jehu departed not from after them, namely, the golden calves who were in Beth-El, and who were in Dan. 30. And the Lord said to Jehu, Because you have done well in doing that which is right in my eyes, and have done to the house of Ahab according to all that was in my heart, your sons of the fourth generation shall sit on the throne of Israel.

2 comments:

  1. The second question is very pertinent indeed in would be answered in the negative by many judicial systems. of course, the problem is not so much that fact that the drug dealers are mislead - there is no objection to this, but rather in fact that the police instigates them to commit crimes.



    In the USA - and as I understand from this article also in Israel - police has wide possibilities to set traps.


    In many other countries, a crime could not be condemned if it was commited on the instigation of police. Like the story of the New Deal rabbis where they sent someone to corrupt - and then wanted to condemn for corruption - or also in the case of drug dealers: if the police orders the drugs and they have no other evidence, the dealers would go free in many countries. Because it cannot be that people get instigated by police. In those countries, undercover agents can observe what happens and testify, but they cannot become part of criminal transactions.

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  2. Rav Zilberstein doesn't view this as a contradiction and in fact specifically mentions this he says the following

    'I want to discuss an additional lesson we learn from Yehu. Sanhedrin (102a) asks why didn't Yehu continue walking with the ways of G-d until the end of his days as Tanach clearly states? Abaye tells us an incredible explanation. He says it was because of the words he used to trap the priests of Avoda Zara. By saying that Achav only worshipped idols a bit and he was going to do it a lot - he was forced at the end to fulfill his self imposed obligation to worship idols - even though he had said these words for the sake of heaven in order to convince the false prophets to come to the feast and enable him to kill all of them at once. Nevertheless.he needed to have been more careful in choosing his words and not to mention explicitly that he was going to worship idols. This lesson needs to be engraved very well on our hearts. Because sometimes at a moment of anger a person says things which are the opposite of beracha against another person. It is necessary to be aware that all words that come out of a person's mouth have great power - both for good and bad.

    ReplyDelete

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