[Avodah] is this muttar?

[Zev Sero]

On 19/07/2011 10:51 AM, Saul.Z.Newman at kp.org wrote:
>>That said, I would agree that if this kidnapping (1) actually occured,
>> and (2) was a BD-ordered "kofin oso ad sheyomar rotzeh ani", DDD wouldn't
>> trump halakhah.

> ---assuming the above is true, 1] is it a mitzva to break the law and go
> to jail? 2] is it a -chiyuv= to do so [ ie shev v'al taaseh not acceptable] ?

How can it be a chiyuv?  On whom exactly does this chiyuv lie?  How can
any individual be expected to sacrifice himself for this?  Is killing a
rodef or a moser, and assuming the risk involved, also a chiyuv?  Of
course not.  It's muttar, and even a mitzvah, but not a chiyuv.

> 3] whose responsibility then is it to defend them, support their
> families---the beis din?

Assuming the facts are as speculated, then it would be klal yisrael's
responsibility.  (Indeed supporting their families, if they're in need,
is klal yisrael's responsibility anyway.)


On 19/07/2011 1:16 PM, Rich, Joel wrote:
>>That said, I would agree that if this kidnapping (1) actually occured,
>> and (2) was a BD-ordered "kofin oso ad sheyomar rotzeh ani", DDD wouldn't
>> trump halakhah.

> Do our batei dinim have the power to order corporal punishment? If so, my guess would be that it's from the power of the melech, not the traditional beit din.  If so, I'm not sure that DMD (at least according to those who see it going beyond monetary issues)wouldn't trump.

This isn't corporal punishment; it isn't any kind of punishment at all.
It's compelling a person to obey the halacha, which is based on arvus.

-- 
Zev Sero
zev at sero.name