Wednesday, February 7, 2024

Rodef to save victim?

 It is interesting to note that Rashi (Sanhedrin 73a)goes against the obvious meaning in the law of rodef and says it means to stop a person from sinning even by killing him and it is not primarily to protect the victim as others such as Rambam state

This approach might explain the lack of concern with stopping pedophiles since this doesn't seem to involve a clearly stated sin

Medieval commentators offered the two alternative answers. Rashi interprets: “These are to be saved — from the transgression.”11 Thus, according to Rashi, the purpose of the law is to save the pursuers by preventing him from committing the transgression. On the other hand, Maimonides in his interpretation to the Mishnah writes: “And the purpose of this saving is that we were commanded to save this pursued person from the hands of the pursuer that wants to kill him or to commit a [sexual] violation with him in any way possible, even by killing the pursuer before he will commit the violation and that is the meaning of “at the cost of their lives,” namely, the life of the pursuer.” The same interpretation is offered by R. Meir Halevi Abulafia in his commentary to the Talmud (Yad-Ramah): “These are to be saved – from their pursuers at the cost of their lives, namely, the lives of their 

https://www.academia.edu/6228030/The_Law_of_Pursuer_Rodef_in_Talmudic_Sources

there seems to be a contradiction in the Rambam

Rambam (Commentary to Sanhedrin 8:7): Concerning someone who is trying to commit any sexual sins punishable by kares or death – he can be saved from sinning by killing him…

Rambam (Hilchos Rotzeach 1:9): Our Sages taught that when there is a difficult birth it is permitted to kill the unborn baby because it is like a pursuer trying to kill the mother. However once the head has emerged then it can’t be harmed because we don’t harm one person for the sake of another. This is the natural way of the world.

Rambam (Hilchos Rotzeach 1:6): … However someone who is pursuing another person to kill him – even if the pursuer (rodef) is a child – then every Jew is commanded to save the pursued from the rodef even if the only way to save the pursued is by killing the rodef.

Reb Chaim Brisker (Hilchos Rotzeach 1:9): … It would appear that the Rambam’s understanding of this halacha of killing the unborn baby to save the mother is based on the law of killing the rodef in order to save the nirdaf (victim). His fundamental principle is that the life of the rodef is sacrificed because of the pikuach nefesh (life saving) of the victim. This is stated in Sanhedrin (74a): R’Yonasan ben Shmuel said that a rodef who is trying to kill someone and it is possible to stop him by maiming one of his limbs but he is killed instead – the one who killed the rodef is himself executed for his actions. We see from this the sole justification for killing the rodef is to save the victim. So even though we have a universal rule that “one life is not terminated for the sake of another life” – it is different in the case of rodef because the Torah tells us that the case of rodef is an exception to the rule. The Torah verse that the Rambam refers to that tells us that rodef is an exception is Devarim (22:12): Do not have mercy on the soul of the rodef. In other words the verse tells us that in this case of rodef we don’t apply the rule that ‘one life is not terminated for the sake of another life.” Therefore the life of the rodef is sacrificed [to save the life of the victim].

Tosfos (Sanhedrin 73a): He is saved with his life – the apparent meaning of this is that the victim is saved by killing the rodef (pursuer). But it is not possible to explain it in that way in the case of one who pursues an animal for bestiality and similar cases. Therefore it seems that the explanation is that the pursuer is killed to save him from sinning. However this does not fit with the case of the rape of a
betrothed maiden where is says that she is saved by killing the pursuer….

Tosefta (Sanhedrin 11:11): One who pursues a male [for homosexual relations] whether it is in the house or field – he is saved from sin by killing him. If he is running after a betrothed maiden whether in the house or field – he is to be saved from sin by killing him. If he is running after a betrothed maiden or after any of the prohibited sexual relations mentioned in the Torah – he is to be saved from sin by killing him. However if he pursues a widow and he is the cohen gadol or he pursues a divorce or chalutza and he is an ordinary cohen – he is not to be saved from sin by killing him. If she has already been raped, he is not saved from sin by killing him. Furthermore if there is another way of saving her, he is not saved from sin by killing him R’ Yehuda said that if the pursued woman says to leave the rodef alone – he is still saved from sin by killing him..

Shulchan Aruch (C.M. 425:1): …. Someone who endangers the community such as being involved in counterfeiting in a country where the king strongly objects – then he has the status of rodef and it is permitted to inform on him to the secular authorities…

Rav Sternbuch (1:850): Question: A Jewish driver who normally speeds or doesn’t have a license – is it permitted to report him to the police? Answer: It states explicitly in Shulchan Aruch (Y.D. 388:12) that if someone is engaged in counterfeiting and is thus a danger to the community – he should be warned to stop. If he doesn’t listen to the warning it is possible to report him to the police. The Gra there says that the counterfeiter has the status of a rodef (pursuer) even though he does not intend to harm others and even though the harm is an indirect result of his actions and even though the danger is only a possibility not a certainty. There is nothing more dangerous than a reckless driver who is speeding or one who has no knowledge of proper driving skills - as indicated by the fact he has no license. Such people are likely to kill other, chas v’shalom and therefore they have the halachic status of rodef (pursuer). That is why in fact the secular law that requires a skilled driver with a license is in fact a just and obvious law for the welfare of society and we are fully obligated to observe these laws. Anyone who treats these laws with contempt and disobeys them, we are concerned that such a person can come to kill and therefore he deserves serious punishment – even imprisonment… 

Minchas Yitzchok (8:148): Is it permitted to report to the police reckless drivers who are a danger to other motorists and pedestrians? Concerning the question regarding motorists who drive their vehicles in a manner which endangers all those who are on the road with them by means of the means different scenarios that are described in his letter. Is it permitted to report them to the police? This will typically result in a monetary punishment or the cancellation of their driver’s license for a fixed period or incarceration in jail and it serves as a deterrent to actions which endanger others. Answer: Even though halacha prohibits causing a Jew to be given bodily or financially to the secular justice system, nevertheless a Jew who endangers other people is not included in this prohibition. This is explicitly stated by the Rambam (Hilchos Chovel u’Mazik 8:11) and Shulchan Aruch (C.M. 388:12): “All those who disturb the community and cause it distress it is permitted to give them over to the secular government to be punished whether by beating, imprisonment or fines…” It is obvious that all those who drive carelessly and in a wild manner, endanger the lives of all those are near them. We in fact have been commanded to avoid danger and to prevent it from happening. Perhaps by taking actions against these drivers it will prevent danger and reduce the number of accidents. …Therefore those who are involved in this mitzva of life saving should first go to beis din and to present their claims before them…

Rav Yosef Eliashiv (Nishmas Avraham 4:208-211): Rav Eliashiv told me that there is in fact no difference in halacha between a teacher who is molesting boys or girls since in both cases we are talking about severe mental damages and danger to the public. He cited the Beis Yosef who cites the Rashba regarding R’ Eliezar ben Rav Shimon (Bava Metzia 83a) who reported thieves to the government… Regarding this Rav Eliashiv said that we learn from this that surely in the case of child abuse which is more severe then theft that it would be permitted to first report it to the principal of the school and if he doesn’t do anything to report the matter to the police even in the Diaspora.

Ran (Sanhedrin 73a): Since it is a mitzva to kill the rodef in order to save his victim, why is there a need for the verse of “don’t stand idly by the blood of your fellow” It is clearly a mitzva to exert yourself to save him – such as if he is drowning in the river or being attacked by bandits? The answer is the verse that tells you that you can kill the rodef is only relevant when it is absolutely clear to you that he is intent on killing. Similarly if it is absolutely certain that he will drown in the river if you don’t save him. However in a case of where it is uncertain, we would not know that there is an obligation. Therefore the verse of “don’t stand idly by the blood of your fellow” teaches us that it is also a mitzva to try and save him even though it is uncertain [while the case of certain need is learned from rodef].

Rav Yehuda Silman (Yeschurun 15): Question: Is it permitted to kill someone that there are doubts whether he is in fact a rodef (threat to life)? I was asked concerning a security guard in a public place e.g., the entrance of a restaurant or a mall who notices a man approach and he appears suspicious. The person is acting strangely and appears to be an Arab. When the security guard approaches him, he begins to run. The security guards suspects that he is a terrorist. This is only a suspicion since it is possible that he is in fact a Jew and there are people in the world who act strangely. In addition it is possible that the suspicious stranger is running away simply out of panic. However it is possible that in a short time the stranger will in fact cause a serious terror attack. Is it permitted to kill the stranger when the facts are not clear? This is a common question and a similar question can be asked regarding a bank teller who is suddenly confronted with a bandit with a pistol in his hand. There are many times when it is later determined that the gun was only a toy and even if it were real the bandit didn’t intend to kill but only to scare the bank teller. Nevertheless there is a doubt whether the person is in danger. In such circumstances is it permitted to kill him? Answer:… Conclusions: 1) It appears that we hold in practice that it is permitted to killed a suspected rodef. In other words someone who is doing activities that endanger others even if there are doubts. … 4)Therefore in the two versions of the question that were asked concerning a suspicious person it is permitted to kill him. That is only in a case there are valid bases to suspect that he is trying to kill. 5) In contrast in the case of someone running in the forest or is shooting and there are doubts as to his intent[ - he is not to be viewed as a rodef because we assume he has a legitimate reason for doing these things (chezkas kashrus).

Meiri (Sanhedrin 73a): Sages over the generations have agreed that the rodef is killed to save the pursued – even outside of Israel. It is not necessary to say that this is a judgment decided in beis din, since this law was given for every person to judge. A proof of this is found in the last chapter of Berachos (58a) concerning an incident with R’ Sheila where he decided someone was a rodef and it wasn’t in beis
din.

Kitzur Shulchan Aruch (184:1):… If someone is being beaten or he witnesses another Jew being beaten and it is impossible to save himself or the other person from the assailant without hitting him – it is permitted to hit the assailant.

Appeals Court Rejects Trump’s Immunity Claim

 https://www.wsj.com/us-news/law/appeals-court-rejects-trumps-immunity-claim-0ef2d636?mod=hp_listb_pos2

Donald Trump isn’t immune from prosecution on charges he plotted to overturn the 2020 election, a federal appeals court unanimously ruled Tuesday, handing the former president an expected defeat that he suggested he would contest at the Supreme Court.

Severe Mental anguish is considered Pikuach Nefesh

 Mordechai Shabbos (424): A sick person who says that he needs to eat on Yom Kippur but the doctor says that it is not necessary. R”i bar Sholom explains that all the cases in the gemora where the choleh says it is necessary is to be understand to mean that it appears to choleh that he will die if they don’t feed him because he thinks that he is in a life threatening condition. There are also commentaries which write concerning the matter of Rav Yannai where the choleh says necessary where it is understood that it talking about possible life threatening circumstances…. 

Mordechai Shabbos (424) All the cases which are brought in the gemora, our Sages were experts in medicine and they knew these cases were life threatening such as lighting a candle when a blind women requested it, or breaking down the door when a child was locked in. It would therefore seem that we are not considered experts in the issue of when to feed a choleh while the choleh is. Therefore if the choleh says that his life is not endangered if he doesn’t eat - it is prohibited to feed him. This is the same for the question of profaning Shabbos to save someone. For example Avoda Zara (28b) states that if an eye is severely tearing it is permitted to put medicine in it on Shabbos. The gemora explains that this is permitted because there is a connection between the eye and the heart and thus it is life threatening. Consequently if the only concern is for the loss of the eye but we don’t consider it to be life threatening - it would not be permitted to put the medicine in the eye on Shabbos. 

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Rabbeinu Tam has issued permissive rulings in actual cases even when it is not life threatening. This is what he said: Are the sick people prophets or experts in medicine [that we rely on their judgment to permit violating Shabbos or Yom Kippur]? The fact of the matter is that since the sick person or one who recently gave birth is aware that it is Shabbos or Yom Tov and nevertheless says they need to eat or have Shabbos profaned for them – that means they are not able to bear the pain and discomfort which results from their condition. That is why we feed them on Yom Kippur. And this is true even if they are not in life threating conditions. 

Rabbeinu Tam For example, how do we consider that being bitten by a mad dog is life threatening or the case of Rav Ashi and Mar Zutra (Kesubos 61a)? Therefore even though the majority of sick people will recover but nevertheless we are lenient when there is even a possibility of danger or severe mental illness (tiruf daas). The expression “that they are going to die” should not confuse you because that is the expression used by the Talmud and you would want to know then what does “a possibility of death mean.” In fact when the Talmud talks about the concern that these people will die it is not to be taken literally. The term death in these cases is a fear that the person will get sick or deteriorate in some way. This understanding is obviously correct. Thus if the sick person asks to eat or drink it is permitted to feed him or give him drink because the lack of food causes him pains in the heart and because of that he will faint and there are times he won’t recover. Thus even there is only the loss of a limb, I would call it a danger and would therefore permit Shabbos to be profaned. 

Rabbeinu Tam We also see this concerning an injury to the interior of the body where the majority of such cases do not die and similarly the case of pregnant women who smell food - we see that they don’t die and yet we are permitted to feed them. Consequently all cases which involve a lost to the body or loss to a limb or embryo is a danger. We learn this from the case of the mother who recently gave birth or a pregnant woman or someone who is bled and becomes chilled – that it is permitted to make a fire even during the summer even though we have no concern that they will die from this condition So if Shmuel who was a doctor as well as the Sages who were familiar to some degree about medicine and they said that an individual is knowledgeable about his own suffering. So if they literally meant dying that means that all men are experts in this matter for themselves and the statement can’t be reversed. But in fact even if a person screamed out - that he wasn’t going to die from this condition that we have evaluated that he can’t bear – it is permitted ignore him to profane Shabbos according to our judgment….


   מרדכי (שבת תסד): חולה אומר צריך ורופא אומר [תסד] אינו צריך ר"י בר שלמה היה מפרש כל האי צריך דשמעתא שנראה לו שימות אם לא יאכילוהו דסבור להסתכן בכך וגם יש ספרים שכתבו אמילתא דר' ינאי חולה אומר צריך כו' עד פשיטא ספק נפשות הוא מהו דתימא איבעותי מיבעית סבר אי לא אכיל מיית קא משמע לן וכל הני דמייתי בגמרא הם היו בקיעים ברפואות וידעו שהיה סכנה בדבר כגון הדלקת נר ושבירת דלת לתינוק ונראה דאין אנו בקיאין בענין האכילה כמו החולה ואם אמר החולה לא אסתכן בכך למות אם לא אוכל אסור להאכילו ודכוותה לענין חילול שבת תדע מדאמרינן [ע"ז (כח:)] גבי עין שמרדה מותר לכוחלה בשבת ומפרש משום דשורייני דעינא בלבא תליין אבל משום איבוד העין לא ור"ת נחלק עליו והורה הלכה למעשה להיתר וזה לשונו וכי חולים נביאים הם או בקיאים הם אך כיון שיודע החולה או החיה שהוא שבת או יום כפורים ואומר צריך ואינו יכול לסבול מחמת החולי מאכילין אותו ואפילו סבורים החולים שאינן מסוכנין שהיכן מצינו סכנה לנשיכת כלב שוטה למות או כההיא דרב אשי ומר זוטרא [כתובות סא.] ואע"פ שרוב חולים לחיים הקילו בפיקוחם מספק וכן בטירוף דעת ולישנא דמיית אל יטעך שכן לשון התלמוד דא"כ דדייקת לישנא מאי ספק נפשות אלא האי מיית שמתירא לחלות ולהתקלקל ודבר פשוט הוא שאם שואל לאכול או לשתות שמותר להאכילו ולהשקותו כי חסרון האוכל מכאיב הלב ומתוך כך הוא מתעלף ופעמים אינו מתרפא ואפילו דאבון אחד מאיבריו אני קירא בו סכנה ומחללין עליו את השבת כדאמר גבי מכה של חלל אע"פ שרובן אינם מתים בכך וכן עוברות המריחות אנו רואין שאינן מתות והתירו להאכילן אלא כל חסרון הגוף וחסרון אבר ועובר סכנה הוא צא ולמד מחיה ועוברה ומקיז דם ונצטנן שהתירו לעשות מדורה להם אפילו בימות החמה אע"פ שאינו סבור למות בכך ואם שמואל רופא היה ג"כ חכמים ידעו ברפואות קצת ואמרו לב יודע מרת נפשו ואם מיתה דוקא כל אדם בקיאים בכך וחזור בך מלהפוכי מימרא אלא אפילו עומד וצוח שלא ימות כיון שאנו אומדים אותו [שאינו יכול לסבול] מותר ונפלא בעיני רבי אבי"ה שפסק אפילו בדאבון אבר אחד שיש להשיב עליו מעין שמרדה ובתלמוד מפרש:

Tuesday, February 6, 2024

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Monday, February 5, 2024

Russian Media Hypes Tucker Carlson Visit: 'Americans Are in Shock'

 https://www.newsweek.com/russian-media-hypes-tucker-carlson-visit-americans-are-shock-1866743

On Thursday, Russian news outlet Mash reported that Carlson had been spotted recently at various places around Moscow, including a visit to the Bolshoi Theater. While Carlson himself has yet to comment on the visit or confirm the reason for the visit, many have speculated that he might be there to interview Russian President Vladimir Putin for his current series, which he shares directly to X, the platform previously known as Twitter. Carlson has, in the past, frequently shared stances that were complimentary or supportive of Putin and Russia, especially amid its invasion of Ukraine, with some opponents accusing him of echoing Russian government propaganda.

Friday, February 2, 2024

The Taylor Swift ‘Psyop’

 https://www.wsj.com/articles/taylor-swift-psyop-theory-donald-trump-travis-kelce-nfl-kansas-city-chiefs-joe-biden-288d7091?mod=hp_trending_now_opn_pos1

One internet pundit has posted a video, with hundreds of thousands of views, claiming that Ms. Swift’s relationship with Mr. Kelce is a fake “psyop.” This yarn involves the CIA, because of course, as well as George Soros, because of course. The story is that the Super Bowl on Feb. 11 will be rigged so that the Chiefs win in a dramatic fashion. Ms. Swift and Mr. Kelce will get engaged. That way they’ll be at peak influence to cut a joint October ad for Mr. Biden.


Trump Explodes After Being Ridiculed In God Parody Ad

Former Trump Advisor Praises Joe Biden's Economy: 'I Was Wrong'

 https://www.newsweek.com/former-trump-advisor-praises-joe-biden-economy-i-was-wrong-1866232

"Today we learned that the U.S. economy grew 3.1 percent over the past year while adding another 2.7 million jobs, and with core inflation moving back down towards the pre-pandemic benchmark," Biden said in a statement last week. "As a result, wages, wealth, and employment are higher now than they were before the pandemic. That's good news for American families and American workers. That is three years in a row of growing the economy from the middle out and the bottom up on my watch."

Commenting on the new GDP data on January 25, Kudlow said: "If I were he, I would be bragging about it too."

Trump campaign donors footed the bill for more than $50M in legal fees last year

 https://www.axios.com/2024/02/01/trump-legal-fees-campaign-donations-2023

Former President Trump's political fundraising apparatus spent more than $50 million on legal costs last year as he faced a barrage of lawsuits and criminal charges in multiple jurisdictions.

Why it matters: The stunning new campaign finance reports reveal the financial damage the GOP presidential frontrunner has sustained while facing a colliding campaign and courtroom calendar.

The Importance of a Friendly Greeting

 https://www.shemayisrael.com/publicat/hazon/tzedaka/The_Importance_of_a_Friendly_Greeting.html

Rabbi Irving Bunim, a noted Torah educator of the 20th century, discusses the importance of initiating a greeting, and he writes:

"There is many a person whose petty conceit will not permit him to recognize anyone unless he is recognized first. The other person must make the first move. This is his way of establishing and maintaining his 'dignity,' he believes. Others will hesitate from a sense of insecurity to be the first to extend a warm greeting to those they meet. They are afraid to give a token of friendship and receive only an icy stare in return. They will therefore insist on waiting until the person they meet takes the 'emotional risk,' while they 'play it safe.' Whatever the reason, such behavior is wrong. Take the initiative, says our Sage. Do not seek a sense of conceit or importance, or an illusion of security, at the expense of another's feelings. Give him a friendly greeting with a warm smile, and inquire, if you will, after his welfare." (Ethics from Sinai - a Commentary on Pirkei Avos by Irving Bunim)

Social Invisibilty

 This is an idea proposed in the book the Invisible Man. People who are different are treated as being invisible. socially.

This is experienced by Jews in a population of non-Jews, the elderly in a young population, widows and unmarried in a population of married couples even children of divorced parents become sopcially invisible.. It also applies to people with cancer or other debilitating conditions/ It strongly exacerbates the difficulties the person has by being excluded from personal interactions - even as simply as being not greeted with a simple "good morning" because they are invisible to the typical members of the group. This is described by our Sages as a form of theft - you rob the person of their dignity by not acknowledging their existence.

Simple solution you need to at least acknowledge the existence of everyone you encounter during the day. Including the elderly, the widow, the janitor and sanitation workers. A simple good morning greeting eliminates social invisibility

https://outorah.org/p/7157/

Berachos (6b)And Rabbi Ḥelbo said that Rav Huna said: One who is aware that another person is accustomed to greet him is not only obligated to return his greeting, but he must greet him first, as it is stated: “Seek peace and pursue it” (Psalms 34:15). If the other person extended his greeting to him and he did not respond, he is called a robber, as it is stated: “It is you who have eaten up the vineyard, the spoils of the poor is in your houses” (Isaiah 3:14). The only way to steal from a pauper who owns nothing is to rob him of his dignity by refusing to return his greeting.

A U.N. Agency Is Accused of Links to Hamas. The Clues Were There All Along.

 https://www.wsj.com/world/middle-east/hamas-israel-attack-united-nations-unrwa-0ec8d325?mod=hp_lead_pos7

Besides providing schooling and healthcare, Unrwa maintains streets, sewage and water systems in the sprawling neighborhoods of refugees that it oversees. Israeli officials say that by taking care of such municipal tasks, the U.N. agency freed up Hamas, Gaza’s de facto authority, to expand its terrorist capacities over the years, including construction of an estimated 300 miles of underground tunnels. 

Donald Trump's Fundraising Plummets

 https://www.newsweek.com/donald-trump-fundraising-election-fec-1865987

Trump's official presidential 2024 campaign reported that it received $19 million between October and December, and ended the year with more than $33 million in available cash, FEC filings show.

This haul is down from the $24.5 million that the Trump campaign reported receiving in the third quarter, which includes July, August and September.

The latest fundraising figure from the presumptive 2024 GOP presidential candidate is also lower that that of President Joe Biden's campaign, which reported receiving $33 million in the fourth quarter and has around $46 million in cash heading into the election year.

Thursday, February 1, 2024

Donald Trump Falsely Suggests He ‘Won’ New York Court Battle

 https://www.thedailybeast.com/donald-trump-falsely-suggests-he-won-new-york-court-battle?ref=home?ref=home

Trump’s response was especially detached from reality.

“I didn’t do anything wrong. I mean, that’s been proven as far as I’m concerned. And actually, we won in the Court of Appeals. You probably saw that. That case has been largely won in the Court of Appeals,” he insisted, though nothing like that has happened in either case.