[Avodah] mesira vs chillul hashem

[Zev Sero]

> Does this not make a difference in both the idea of mesira and double jeopardy in US law?

The proposal to imprison him now is not supposed to be as a punishment,
but rather like imprisoning someone in Israel to persuade him to give a
get.  It's not a punishment at all, just a means of persuasion.  Thus,
if he out-stubborns the court until the issue becomes moot (the grand
jury is dissolved, or the wife dies) then he is automatically released.
By the same token, if it becomes clear that he will never bend no matter
what is done to him, then once again he must be released, because keeping
him imprisoned serves no purpose, and would therefore be punitive, which
illegitimate.  And that's what his lawyer is claiming here: he's already
shown that he takes his religious principles seriously enough to be moser
nefesh for them; there is no reason at all to suppose that another few
months or year in prison is going to change that, so there's no legitimate
purpose in putting him there.

-- 
Zev Sero        If they use these guns against us once, at that moment
zev at sero.name   the Oslo Accord will be annulled and the IDF will
                 return to all the places that have been given to them.
		                            - Yitzchak Rabin