[Avodah] Innocent Unsuspecting Drug Mules, Ein SheLiAch LeDeVar Aveira

[Zev Sero]

On 1/06/2011 2:44 AM, Meir Rabi wrote:
> The reason that the spear thrower is Pattur is that his action is
> COMPLETELY impotent since the shield is protecting the target. Unlike
> sending an active fire in the hands of a ChShKatan. Is it not reasonable
> that sending drugs in the hands of unsuspecting innocents who are
> transporting it to and through countries that apply the death penalty
> for such violations is far worse? And is indeed guilty and punishable
> through the BD?

On the contrary, transporting drugs through these countries is *in itself*
completely harmless, just like throwing a spear at a target that's behind
a shield.  If you don't get caught then no harm will result.  And indeed
it must be that the vast majority of people who do this don't get caught,
or it wouldn't be economical to try.  After all, the people behind this
are businessmen, who lost a huge amount of money when their shipment was
found and confiscated; they wouldn't take the risk if it wasn't worth it,
which means each shipment has a good chance of getting through.  Further,
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 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.

-- 
Zev Sero                      The trouble with socialism is that you
zev at sero.name                 eventually run out of other people’s money
                                                      - Margaret Thatcher