<!DOCTYPE html PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN">
<html>
<head>
<meta content="text/html;charset=windows-1252"
http-equiv="Content-Type">
</head>
<body bgcolor="#ffffff" text="#000000">
Zev Sero wrote:
<blockquote cite="mid:4A76DDFB.7080309@sero.name" type="cite"><br>
The Ramo permits the *victim* of a violent crime to masser his
<br>
assailant. I'm not sure that other people are included in this heter.
<br>
<br>
<br>
</blockquote>
This is the basis of the Rema<br>
<p class="quote"
style="text-align: justify; direction: ltr; unicode-bidi: embed;"><b><font
face="Arial Narrow" size="2"><span
style="font-size: 10pt; font-weight: bold;">Maharach Ohr Zarua</span><span
class="MsoFootnoteReference"><sup><span style=""><!--[if !supportFootnotes]--></span></sup></span></font></b><b><span
style="font-weight: bold;">(#142): … </span></b><span style="">Therefore
it appears that any person who
regularly hits others – his legal status is like that of a person who
regularly
informs on others. However if he does not hit others regularly but just
did it this
time and regrets it and it is clear that he will not continue doing
this bad
behavior – then it is definitely prohibited to kill him or to cause him
to lose
his money. Because HaMaimoni writes that even in the case of a moser
the ruling
is that if the deed of informing is done [and it is not expected that
he will
do it again] then it is prohibited to kill him. Therefore it would
appear that
while the victim of the beating is still angry at his assailant and he
hasn’t
calmed down by complaining to the secular authorities and he can not
restrain
himself from taking revenge – either the victim himself or his
relatives who
are close to him<span style=""> </span>- as a result I am
afraid that the perpetrator already has become wicked and that it is a
minor
thing in his eyes to beat him again and this will lead to murder. It is
therefore not only the victim who is allowed to file a complaint with
the
secular authorities, but it is in fact a mitzva for everyone to report
to the
judge that Reuven hit Shimon. Therefore those who are filled with rage
report
the crime to the secular authorities so the situation will not
escalate. And if
this reporting to the secular authorities leads to the judge taking
advantage
of the perpetrator and taking away all his money – than the information
is
exempt. Because if he isn’t exempt then no person will attempt to save
his
fellow man from the assaulter. This is like the case of a person trying
to save
someone who is being pursued and the rescuer damages the possessions of
an
innocent bystander. There is no question that if the rescuer is able to
save
the pursued by damaging one of the pursuers limbs - then he must do the
minimal
needed to save the victim. This is why Rav Huna amputated an arm.
However
perhaps instead of amputation it is much better to tell the secular
judge to
cause him to lose a significant amount of money – rather than have him
amputate
a limb.<span style=""> </span>If the assailant is someone who
regularly hits others and has done it repeatedly and openly – and from
his
actions it is clear that he will beat up anyone who disagrees with him
– then
it is a clear mitzva for every Jew to report him to the secular
authorities and
request that he be stopped. However if as a result of informing the
secular
authorities they mistreat him and take away all his money – the
informant is
not liable. Whoever is involved in improper behavior or with non‑Jewish
women
or with anything which might bring harm to the community – if the
community
warns him to stop and he doesn’t listen – it is permitted to inform on
him to the
secular government – that he is doing disgusting things. However if he
only
does it once and stops – then it is definitely prohibited to inform on
him to
the secular government. But if not informing the secular government
results in
accusations against the community or even an individual because the
secular
government knows that a crimes was definitely done by a Jew but they
don’t know
which one and they mistakenly accuse a Jew of the crime – it is
permitted for
the accused to deny it and tell the secular government who the real
criminal
was. This right to inform on the criminal is even if the one who
committed the
crime did not intent to cause harm but rather a mitzva. For example the
incident with Rabbeinu Yitzchok who circumcised converts and as a
result the
whole community was in danger. This is described in the sefer Ohr Zarua
and I
have already written about it.<o:p></o:p></span></p>
<div style=""><!--[if !supportFootnotes]--></div>
<br>
</body>
</html>