[Avodah] Threats Against A Judge
Zev Sero
zev at sero.name
Thu Jan 15 08:28:26 PST 2009
Ben Waxman wrote:
> RZSero wrote:
>> That's an explicit lav of "lo taguru". As the Sifri says, "perhaps
>> you will say I am afraid of so-and-so lest he kill my son, or burn my
>> grain-stack, or chop down my trees". There's no question that one may
>> not give a false psak, and that this overrides pikuach nefesh...
> I don't have my HM handy, but IIRC there is a way out if the judge is
> afraid. The judge does not have to accept a case if one of the sides is
> violent and he is fearful for his life. Once he accepts the case
> however, then the prohibition of lo taguru applies.
Whether and in what circumstances he can recuse himself from the case
is the subject of the article I linked to. It is not clear that he
can refuse a case, especially if he is a BD kavua, whose job it is to
take the public's cases. It's discussed by the poskim, which is why
I linked the article. But the question here was not about recusal but
about giving a false psak, and certainly lo taguru applies here, and
by definition overrides pikuach nefesh.
--
Zev Sero A mathemetician is a device for turning coffee
zev at sero.name into theorems. - Paul Erdos
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