[Avodah] Physical coercion

[Yitzhak Grossman]

On Wed, 19 Sep 2007 15:16:20 -0700 RnCL wrote:

> Even more generally, there are opinons out there that one might find
> somewhat worrying to modern sensibilities, but I am not sure we should
> pretend they do not exist.  For example the Rema states in Choshen
> Mishpat Siman 421 si'if 13 "v'chen mi shehu tachas reshuto v'roeh bo
> shehu oseh d'var averah rashai l'hachuso v'lyissuro cde l'hefrusho
> m'isur v'ain tzarich l'hevio l'beis din (trumas hadeshen siman 18)"  He
> also brings a linked statement in Even Haezer siman 154 si'if 3 as a
> yesh omrim (and then brings an alternative opinion that it is absolutely
> forbidden), but I am afraid he then goes on to say that the first
> opinion is the ikar.

For another striking example of "opinions out there that one might find
somewhat worrying to modern sensibilities", see my recent discussion of
Poskim who sanction torture in civil cases for the purpose of
extracting a confession.

http://bdl.freehostia.com/2007/08/20/torture/

Yitzhak
--
Bein Din Ledin - bdl.freehostia.com
An advanced discussion of Hoshen Mishpat