[Avodah] Child Abuse & Moser

[Harvey Benton]

RMSDratch wrote:
Furthermore, a  child abuser is worse than a meitzar and is in the category 
of rodef concerning whom one is permitted to do anything to stop the  attack.62 
(62 R. Moshe  Halberstam, Mesirah le-shiltonot be-mi she-mit?olel be-yeladav 
in Yeshurun 5765, p. 646.)

HB: Throughout this post, the word >permitted, is constantly used.  Even in the quote above which likens an abuser to a rodef, the word >permitted is used, but not >obligated.  Why is this the case?  Why does the injunction of Al Taamod Al Dam Reiecha (esp in severe cases such as child abuse) not override any possible concerns we may have of committing Mesirah? 

Should we be more concerned with A: Our own nefashot committing an aveira of possible Mesirah? or B: possibly having a suspected child abuser not getting a fair trial, or obtaining a harsher penalty than Jewish courts would apply if they had the power to?  or C: protecting current and potential future individuals from being abused (and possibly sodomized-- which is a lav Midoraisa, and Chayav Mitah for the Abuser)?  HB

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.aishdas.org/pipermail/avodah-aishdas.org/attachments/20090206/6c57bfd3/attachment-0001.htm>