[Avodah] some halachot of moser

[Daniel Eidensohn]

Zev Sero wrote:
>
> The Ramo permits the *victim* of a violent crime to masser his
> assailant.  I'm not sure that other people are included in this heter.
>
>
This is the basis of the Rema

*Maharach Ohr Zarua^ **(#142): … *Therefore it appears that any person 
who regularly hits others – his legal status is like that of a person 
who regularly informs on others. However if he does not hit others 
regularly but just did it this time and regrets it and it is clear that 
he will not continue doing this bad behavior – then it is definitely 
prohibited to kill him or to cause him to lose his money. Because 
HaMaimoni writes that even in the case of a moser the ruling is that if 
the deed of informing is done [and it is not expected that he will do it 
again] then it is prohibited to kill him. Therefore it would appear that 
while the victim of the beating is still angry at his assailant and he 
hasn’t calmed down by complaining to the secular authorities and he can 
not restrain himself from taking revenge – either the victim himself or 
his relatives who are close to him   - as a result I am afraid that the 
perpetrator already has become wicked and that it is a minor thing in 
his eyes to beat him again and this will lead to murder. It is therefore 
not only the victim who is allowed to file a complaint with the secular 
authorities, but it is in fact a mitzva for everyone to report to the 
judge that Reuven hit Shimon. Therefore those who are filled with rage 
report the crime to the secular authorities so the situation will not 
escalate. And if this reporting to the secular authorities leads to the 
judge taking advantage of the perpetrator and taking away all his money 
– than the information is exempt. Because if he isn’t exempt then no 
person will attempt to save his fellow man from the assaulter. This is 
like the case of a person trying to save someone who is being pursued 
and the rescuer damages the possessions of an innocent bystander. There 
is no question that if the rescuer is able to save the pursued by 
damaging one of the pursuers limbs - then he must do the minimal needed 
to save the victim. This is why Rav Huna amputated an arm. However 
perhaps instead of amputation it is much better to tell the secular 
judge to cause him to lose a significant amount of money – rather than 
have him amputate a limb.  If the assailant is someone who regularly 
hits others and has done it repeatedly and openly – and from his actions 
it is clear that he will beat up anyone who disagrees with him – then it 
is a clear mitzva for every Jew to report him to the secular authorities 
and request that he be stopped. However if as a result of informing the 
secular authorities they mistreat him and take away all his money – the 
informant is not liable. Whoever is involved in improper behavior or 
with non-Jewish women or with anything which might bring harm to the 
community – if the community warns him to stop and he doesn’t listen – 
it is permitted to inform on him to the secular government – that he is 
doing disgusting things. However if he only does it once and stops – 
then it is definitely prohibited to inform on him to the secular 
government. But if not informing the secular government results in 
accusations against the community or even an individual because the 
secular government knows that a crimes was definitely done by a Jew but 
they don’t know which one and they mistakenly accuse a Jew of the crime 
– it is permitted for the accused to deny it and tell the secular 
government who the real criminal was. This right to inform on the 
criminal is even if the one who committed the crime did not intent to 
cause harm but rather a mitzva. For example the incident with Rabbeinu 
Yitzchok who circumcised converts and as a result the whole community 
was in danger. This is described in the sefer Ohr Zarua and I have 
already written about it.


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