[Avodah] Din Moser

[Yitzhak Grossman]

On Tue, 13 Jan 2009 19:52:55 -0500 I wrote:

> No.  Rambam (Hovel 8:10) and SA (HM 388:10) explicitly state that even
> a moser of "mamon kal" is a rodef; it is a mizvah to kill him; and
> "kol ha'kodem le'hargo zachah".
> 
> Incidentally, they also state there that this Halachah applies even
> today, even though we don't judge dinei ne'fashos, answering a question
> raised earlier in this thread.

While this is technically correct, I should have noted that as a matter
of actual Halachah, one who is "moser mammon kal" in contemporary
times might not have the status of rodef, since the assumption of the
Poskim that any mesirah has the potential to lead to the (unjust) death
of the nimsar, which is the basis for the aforementioned Halachah, may
no longer hold. For an excellent survey of the literature on this and
related points, see section III of R. Broyde's classic, comprehensive
article on Mesirah, a version of which is available here:

http://www.jlaw.com/Articles/mesiralaw2.html

"III. Informing on People When Government is Committed to Procedural
Justice: Five Opinions of Contemporary Decisors

How do the halachic rules of informing apply to a just government of
laws -- with non-discriminatory laws properly enforced by police who
obeys the laws, and who punish people in accordance with its laws -- is
the question this section will address."

Yitzhak
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