[Avodah] Lifnei Iver/Kanaus

[Mike Miller]

On 9/6/07, T613K at aol.com <T613K at aol.com> wrote:
> It seems to me that if the student handbook of that particular school
> stipulates that balls or cellphones or whatever will be confiscated if used
> under named circumstances, then the student who knowingly breaks the rules
> has forfeited the forbidden article and has no legitimate complaint if
> caught.

What about "asmachta"?

Is it possible that the student (or possibly parent, depending on the
age and actual owner of the device (more likely for a cellphone than a
ball)) assumes that the handbook is not really relevent? After all,
many of these takanons often contain many statements that are
blatently ignored by both students and staff, suggesting a widespread
disregard for the formal rules.

Furthermore, many times, not all of these criteria are available at
the time the student joins the school. Similar to the "click-through"
EULAs; how can I be bound to something that I can't see? Can the
school really say "you agree to follow all the rules, even those which
you don't know about it"? What about language such as "we reserve the
right to change the terms at any time with no prior notice"?

My hunch would be that in such case, a student would have the right to
demand that his ball or phone remain his. Of course, it's possible
that the school could then expel him; but I'm not sure if there are
valid grounds for physical taking a student's possesion.

Of course, if the child is under bar (or bas, but somehow I assume
this affects boys more <g>) mitzva, then the question has to be asked
of the parents.

-- Mike Miller
Ramat Bet Shemesh