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Passion Crimes in Jewish Thought the Extent of Human Responsibility

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Passion Crimes in Jewish Thought the Extent of Human Responsibility Rabbi Shmuly Yanklowitz, April 11 th , 2018 BS”D Passion Crimes in Jewish Thought The Extent of Human Responsibility 1. Sexual Desire Tosafot Sanhedrin 9a s.v. תוספות סנהדרין ט : ד"ה לרצונו "lirtzono" אי נמי התם כשר משום די צרו תוקפו כ"כ Perhaps in that case (Rava's וחשיב כאונס statement that persons suspected of sexual immorality remain credible witnesses) the reason is that their inclination overpowers them to the extent that they are considered compelled. Rabbi Shmuly Yanklowitz, April 11 th , 2018 BS”D אור החיים במדבר יא:י Ohr HaChayim to Numbers 11:10 שכל עושה רשעה לצד תגבורת הפיתוי ועריבות Everyone who sins because he is יש לדון בו צד האונס overcome by seduction and desire for pleasure should be judged to some extent as compelled. 2. Financial Gain ר ' יוסף בכור שור לשמות כב:א R. Yosef Bekhor Shor to Exodus 22:1 " אם במחתרת ימצא הגנב " - כלומר : אין המכהו "If the thief is found in a tunnel (he נחשב כשופך דמים שהרי כמו אנוס הוא שאין has no blood)" - This means that אדם יכול להעמיד עצמו על ממונו one who strikes the thief is not considered a blood shedder, for he is like one compelled, for people cannot restrain themselves when their money is at stake Rabbi Shmuly Yanklowitz, April 11 th , 2018 BS”D 3. Compelled by Religion זבחים קב : ( או קידושין לג .) Zevachim 102b Rava said: This law I learned from אמר רבא : האי דינא מרבי אלעזר ברבי שמעון Rabbi Elazar the son of Rabbi גמירנא דאמר בבית הכסא . והאמר רבה בר Shimon in the lavatory . but did בר חנה א"ר יוחנן : בכל מקום מותר להרהר חוץ not Rabbah bar bar Channah say in the name of Rabbi Yochanan: ממרחץ ובית הכסא ? לאונסו שאני One may think (about Torah) everyplace except the bathhouse and the lavatory? When he is compelled it is different. 4. Revenge מכות י: Makkot 10b Rav Huna said: If the blood- אמר רב הונא : רוצח שגלה לעיר מקלט ומצאו avenger finds (and kills) the גואל הדם ( רש"י - בדרך בהליכתו ) והרגו פטור accidental homicide on the road to a city of refuge, he is exempt from punishment. העמק דבר לדברים יט:ו Haamek Davar to Deuteronomy 19:6 "For he did not hate" - The meaning is " כי לא שנא " . ויותר נראה פירוש that the blood-avenger did not הריטב"א שם שקאי על גואל הדם שלא היה previously hate the accidental שונא להרוצח תחלה אלא לבבו חם ומביאו homicide, but rather his heart heats and bring him to the point of killing, Rabbi Shmuly Yanklowitz, April 11 th , 2018 BS”D לידי כך והרי זה כמו שלבו אונסו וכדומה and he is like one whose heart compels him. A similar concept can איתא בכתובות ( נא :) יצרא אלבשה be found on Ketubot 51b "Desire enveloped her". 5. Strength of the Desires עירובין מא: Eiruvin 41a The Rabbis taught: Three things ת"ר ג ' דברים מעבירין את האדם על דעתו ועל compel people to transgress their דעת קונו . אלו הן עובדי כוכבים ורוח רעה own wills and that of their Master: ודקדוקי עניות Idolaters, evil moods and the stress of poverty 6. Silence the Yetzer Hara Rosh Moed Kattan 17a רא"ש למועד קטן יז. R. Ilai's statement is not valid legal וליתא לדרבי אילעאי אלא אע"פ שמתגבר יצרו precedent. Rather, even when a person's inclination overpowers של אדם עליו מיבעי ליה לאותוביה דקיימא לן him he is required to quiet it, for ( ברכות לג :) הכל בידי שמים חוץ מיראת שמים we hold that "Everything is in the hands of heaven except the fear of Heaven" . Rabbi Shmuly Yanklowitz, April 11 th , 2018 BS”D .
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