[Avodah] Din Moser

[Daniel Eidensohn]

This is a very misleading statement. You are relying on the Tzitz 
Eliezar based on the Aruch HaShulchan. Rav Moshe Feinstein and others 
strongly reject this as R' Broyde acknowledges in his article. One posek 
told me that this view in fact is only a minority view.

R' Yitzhak Grossman wrote:
> 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
>
>
>   

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