[Avodah] [Areivim] Halacha of speeding/Jewish ethics curriculum development help

Daniel Israel dmi1 at cornell.edu
Thu Oct 15 16:52:06 PDT 2009


Moving this from Areivim, because it details with specifics of din,  
rather than the general request for sources.

Quoting Zev Sero <zev at sero.name>:
>> The first session is supposed to be this coming Tuesday (10/20),   
>> and I was planning on addressing "Speeding in Halacha."  I know   
>> there have been some references to the topic here recently, but is   
>> anyone aware of actual tshuvos?
>
> Do you mean exceeding the legal limit, or the safe limit?

I assume that it is obvious that one can't drive "unsafely" (for some,  
as yet to be identified, definition of the term), because of  
endangering others and also oneself.  If any poskim have addressed the  
issue of how "unsafely" is defined in this context, I would be  
interested, but it isn't so relevant to what I am presenting.

What I have seen is three positions.  1. DMD doesn't apply, so the  
only issues are chillul HaShem and endangering.  2. DMD does apply and  
speed limits must be obeyed.  3. DMD applies, but goes according to  
the law as observed/enforced, not as written.

The first I have seen posited in internet postings, but not cited to  
any recognized posek.  2 & 3 I have seen referenced to statements by  
poskim, but no actual tshuvos.  (RAL is claimed to hold like 2, where  
RCPS is cited as holding 3.)  What I'd really like to find are written  
tshuvos for 2 & 3, or, if not, primary sources for these two positions  
on how DMD is applied.

Side note.  2 other ideas that have occurred to me on this topic:

I saw a fascinating article* which suggests that traffic law,  
including speed limits, defines "expected behavior" and therefore  
speeding would create certain liability l'halacha.  It occurred to me  
that one could also argue as follows: Driving is always risky.   
Halacha distinguishes (IIRC) between normal accepted levels of risk,  
and abnormal levels of risk, with the latter being an issue of  
v'nishmartem.  Could we argue that the (observed, if not posted) speed  
limit defines what the average person considers a reasonable risk, so  
one who exceeds it is violating v'nishmartem?

Also, according to those who want to suggest that DMD doesn't apply to  
speed limits, would they be modeh that it applies to speeding fines?   
I.e., they would hold that it is mutar to speed, but if caught, one is  
m'chuyiv l'halacha to pay the ticket?
   
*http://matzav.com/a-drivers-liability-in-halacha-and-civil-law-rav-mendel-shafran-and-the-dan-bus-company

-- 
Daniel M. Israel
dmi1 at cornell.edu





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