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Teruma Print S E P H A R D I C Family, Business, & Jewish Life Through the Prism of Halacha VOLUME 5779 • ISSUE XIX • PARASHAT TERUMA • A PUBLICATION OF THE SEPHARDIC HALACHA CENTER nals don’t generally enjoy the company of MOB RULES: witnesses. Does the Torah Sanction Vigilante Clearly, deterrence is not the goal of the To- and Justice? PART II rah’s death penalty. A would-be murderer who desists because he’s worried about be- Adapted from a Shiur by Rav Yosef Greenwald ing executed by the courts is suffering from irrational fears. JUSTICE AS DIVINE REPRESENTATION Shiur on Parashat Teruma from Rabbi Mordechai Nor is it to punish, because that is Hashem’s Lebhar Bet Din is called in the Torah by the Divine exclusive domain: Mine is vengeance and name: “Elokim” (Shemot 22:7). repayment (Devarim 32:35). A monetary Bet Din of three judges is G-dlike Talkin’ Tech: Using the Nest Home in that it brings justice to this world. A minor Rather, explains R’ Shamshon Rephael System on Shabbat Sanhedrin of twenty-three carries the addi- Hirsch, the purpose of the Torah’s death The Nest thermostat’s main function is to be tional Divine mantle of the power over life penalty is to create a presence of G-dliness in and death. energy efficient by learning the behavior of the the world by demonstrating publicly that a dwellers of the house. Can one have it on on For this reason, Bet Din doesn’t employ an person who rebels against Hashem doesn’t Shabbat? executioner to carry out its verdict. Because deserve to live. That the court exercises this There are a few potential issues. Firstly, when the Dayanim represent Hashem in adminis- power so infrequently is of no import. Were you pass by the thermostat it shows you the tering justice in the world, they must them- an innocent man to be put to death in Hash- temperature. This can be easily solved by turn- selves carry out that justice. It is not a task em’s Name, that would constitute a dread- ing off that function. that can be assigned, like the sweeping of ful Hillul Hashem. Much of what passes for the Bet Din floor. Even the witnesses can’t evidence in secular judicial systems—suffi- Another issue is that it is sensing when some- supply their testimony and walk away, they ciently so, to take a man’s life—would be of one enters the room and turns off the air condi- must participate in the execution along with no value in a Jewish court. tioning when he leaves. This is worse than other the judges. And they go first (Devarim 17:7). thermostats which are also affected by people In the first installment of this series we spoke being in the room, because here it is more di- But capital punishment is almost never car- of the bright line dividing Dine Nefashot – rect. ried out in the Jewish justice system. There capital punishment, from Dine Mamonot – is a dispute in the Mishna (Makkot 1:10) monetary law. Unlike in the secular judiciary, This is more of a problem because here it is whether a Bet Din that performs an execu- a monetary Bet Din of three judges doesn’t Niha Leh – pleasing for the person – that the tion as frequently as once in seventy years is exist to punish financial crimes, because Melacha is done, unlike some other elec- “destructive,” or only one that does so once punishment, again, is outside the purview tronics applications around the house in seven. Ribbi Akiva and Ribbi Tarfon said of Bet Din. Rather, payment is exacted from which may fall under the concept of that had they been in the Sanhedrin, no one the thief or the arsonist precisely as it is from P’sik Reshe D’La Niha Leh – an would ever have been executed. the borrower or the purchaser. Though theft act that will inevitably hap- This is not only because of the dearth of is prohibited and borrowing is not, both cre- pen, but is not pleasing crime in a Torah society, but because the ate indebtedness. It is the brief of Bet Din to to the doer. While the latter category is Halachic conditions for execution are so rectify this indebtedness by restoring mon- spotlight onerous as to be almost impossible to meet: ies to their rightful owners. [Nevertheless, permitted by Two valid witnesses must view the crimi- one who damages property bears one ad- (continued Did you know on back) nal act, both from the same vantage point ditional burden: In the event that he lacks that members of the Even Haezer (Makkot 5); the perpetrator must be warned; sufficient cash or personal property to satisfy Chabura rotate every and he must acknowledge the warning and his debt, and he is paying with real estate, he week giving shiurim on proceed anyway. This would almost never must surrender his best land.] different areas of practical issues related to Even Haezer? happen, especially considering that crimi- (continued on back) Don’t miss our upcoming Business Halacha Journal topic on Ribbit. Don’t yet receive it? Visit www.TheSHC.org, call us at 732.9300.SHC (742) or email [email protected] (continued from front pg.) Although a thief who lacks the funds to make ly court from age 13, but in the Heavenly restitution is sold into servitude in satisfaction one only at 20. Theoretically at least, a thir- The of his debt, this is a program to rehabilitate him teen-year-old murderer could be executed for his own benefit rather than a punishment. by Bet Din, because at 13, his actions are his in Ultimate justice is not in human hands. As we and would remove the Divine Presence, so find in Bava Kama 56 and elsewhere, one who Bet Din must perform Mishpat – justice – to causes damage indirectly, Gerama BiNzikin, restore it. In terms of responsibility and fault, Bring the Daf to Life! is liable under the laws of Heaven but exempt one’s deeds are not fully his fault until age 20. מסכת חולין -under the laws of man. A driver who deliber- But Bet Din doesn’t punish fault, it address ately causes another to swerve and crash must es actions in the physical world. In this world, pay for the damage, but the earthly court has a 13-year-old’s Ma’ase Kinyan (transactional no power to enforce that obligation. This is act) is his, and so are his Ma’ase Hezek – act This Week's Topics because indirect causation is not a Ma’aseh of damage, and his Ma’ase Retziha – act of RABBI AHARON KAHN Hezek, an act of damage. The perpetrator is murder. So Bet Din must act. POSEK AT THE BAIS HAVAAD certainly at fault, but fault is not the purview of In the next segment, we will address particu- RAV YOSEF GREENWALD the Bet Din, only actions are. Hashem will hold lar cases where an individual is permitted to the guilty liable. intervene extra judicially. DAYAN, BAIS HAVAAD YERUSHALAYIM RAV YEHOSHUA GRUNWALD Man is accountable for his actions in the earth- DAYAN, BAIS HAVAAD LAKEWOOD LONG NAILS & CHATZITZA דף ע"ג (.continued from front pg) the Shulhan an action, as the Shaar HaTziyun writes re- THE MILK OF A BAS PEKUA דף ע"ד .(Aruch, the for- garding clocks and mer is forbid- HOW “”SHECHTED”” IS A BEN“ דף ע"ה Perhaps a possible solution is to set the Nest den. Since one system on a schedule for Shabbat which may PEKUA?” wants the Nest override the Nest’s automatic programming. LEG INJURY: THE TREIFAH OF דף ע"ו system to pick up on his habits and save him However, it’s not clear whether it completely TZOMES HAGIDIM money, this will not fall under the Heter of turns off the system. It may be that leaving -WAYWARD WAYS: DARCHEI HAE“ דף ע"ז P’sik Reshe D’La Niha Leh (it may even be an one’s phone at home on a specific setting issue of Mitkaven and may not be a Gerama would also prevent the system from running. MORI” either…). All of these actions may make it into a Safek THE HALACHOS OF KISUI HADAM דף ע"ח This discussion is relevant to the “Ko- P’sik Reshe – it may inevitably cause an act WITH CHILD: UNDERSTANDING THE“ דף ע"ט sher-Switch”, which was originally billed as a forbidden on Shabbat, which is a subject of Gerama – indirect causation – in a permitted debate among the Poskim (Be’ur Halacha is MOTHER: FETUS RELATIONSHIP” way, but was ultimately forbidden by most lenient on a D’Rabbanan). It may also be con- Poskim. Additionally, Rav S.Z. Auerbach ul- sidered Lo Niha Leh, if the person is trying to timately held that anything that is meant to shut the system off. ]ואולי אפשר גם לצרף את סברת הגר”ש וואזנר שאם happen systematically is considered to be a רק הולך כדרכו לא חשוב כעושה מעשה, וכן היקל direct causation and not indirect. This would הגר”ע יוסף לעניין הליכה ליד מצלמות ע”פ הר”ן make the Nest system a problem (perhaps והרשב”א בדין צידה[ even an issue of Make B’Patish – completing Business Halacha Bet Din Zichron Medical Halacha Kehilla & Bet Halachic Services & Dispute Gershon Kollel Center Din Primacy Awareness & Resolution for Dayanut Initiative Education MIDWEST DIVISION BROOKLYN DIVISION SOUTH FLORIDA DIVISION RABBI DOVID ARON GROSS RABBI DOVID HOUSMAN RABBI YOSEF GALIMIDI, MENAHEL A 3718 SHANNON ROAD A 2238 85TH STREET RABBI MEIR BENGUIGUI, SAFRA D’DAYNA 105 River Ave, #301, Lakewood, NJ 08701 CLEVELAND, OH 44118 BROOKLYN, NY 11214 A SAFRA SYNAGOGUE 732.9300.SHC (742) P 216.302.8194 P 718.285.9535 19275 MYSTIC POINTE DR www.theshc.org AVENTURA, FL 33180 E [email protected] E [email protected] [email protected] E [email protected].
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