[Avodah] The "harmless" Evil of the drug pimp. The innocence of the drug mules

[Meir Rabi]

RZS proposes that, “transporting drugs through these countries is *in
itself* completely harmless … If you don't get caught then no harm will
result”

That argument proposes (as Daniel M. Israel pointed out) that throwing a
rock into a group of sparsely distributed people is harmless and therefore
guiltless even when someone gets hit, since in all likelihood no one will
get hit. To paraphrase R Zev, “If you don’t hit someone then no harm will
result.” This is clearly incorrect.



If RZS is suggesting that this is the rule of Gerama then we must clarify
that Gerama is not an issue related to probabilities. The foundation of
Gerama is that the outcome is not entirely encapsulated within the action.
Throwing a spear encapsulates the entire damage that will occur at a later
time. If there is a shield interposed between the thrower and the target
which is removed AFTER the spear has been thrown, the action of throwing is
impotent. Removing the shield is NOT an act that causes harm, it permits
something to continue. That is Gerama and can not be pursued through the
regular channels of BD.



RZS also seems to consider intention as a component of Gerama, “the sender
certainly *wants* it to get through; he doesn't intend it to get caught, and
thus he doesn't intend any harm to the patsies.  Therefore this is even more
of a grama”

Intention has nothing at all to do with Gerama. It is though in all
likelihood, a great component in determining the magnitude of guilt and
compensation BiDey Shomayim.



I believe that R Zev is mistaken when he suggests – “Therefore this is even
more of a grama than the gemara's spear thrower, where the thrower (may well
have known and) intended that the shield would be removed, and yet is patur
bedinei adam”. He is mistaken because the damage is already encapsulated in
the act of throwing the spear, it is for this that he is responsible, in
this world, for the damages. That is what we Pasken - Sending a flame in the
hands of a ChShKatan is NOT Gerama, the sender is guilty and processed
through BD in this world.



This says more than the RaMBaM pointed out by R Moshe Y. Gluck, where the
instigator is NOT punishable by BD in this world. The instigator who uses a
ChShKatan is punished by BD in this world. As someone mentioned from the
Tosafos in Kiddushin 42a, the moral imperative is “Listen to Gd, not to your
Rosh Yeshivah etc.” But if the patsy is unaware of Gd’s objections then the
sender is to be punished by BD in this world. [this inspires a new
discussion about whether the Talmidim of the RY can be considered capable of
recognising that HKBH in fact disagrees with their RY]



R’ Zev also says that, “shliach lidvar avera is not just a technical rule,
it's a moral truth.  People are moral agents.”

How can it be a moral truth if R Zev concedes that they are guilty of Lifney
Iveir? That seems to be inconsistent. Of course R Zev has already admitted
to the proof from Rambam, Rotzeich U'shmiras Hanefesh, 2:2-5, specifically,
the end of Halachah 2.



But R Zev is not convinced, he asks, “Now my question becomes why he's
responsible; a hired killer is not like an animal, after all.  Unless you
say that once a person has disclosed to you that he's depraved (e.g. by
advertising his services as a hit man) you have to treat him like an animal
who has no bechira?  I don't know; it doesn't sound quite right.”

 I think R Zev has not paused to think about the differences between the
letter of the Law and the spirit of the Law. Ein SheliAch means the
evil-doer can not seek exemption by having submitted to the requests,
demands or dictates of anyone else on this planet. Life is to be lived
between yourself and HKBH. At the same time, that has nothing to do with the
guilt of the instigator who is in breach of the spirit of the Law and even
can be in breach of the letter of the Law, as when using a ChShKatan or
unsuspecting naïve bochrim.

That Rasha is guilty and should be subject to the harshest sanctions
possible, until some penance is convincingly performed.
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