KY
YWN seems to have been glicthy lately, I’m not sure if my you noted my last post (starting “Had ימ”ש been ח”ו a Cohen…”
There are 2 points there that I don’t want lost:
Lets look at motive for a moment. Beis din is not equipped to take motive into account. surely you agree the poor person who stole to feed his family did a “lower averia” than the rich person who stole to spite the poor man.
Do I need a raaya that the rich man is worse? True I have one from Dovid Hamelech, but how did HE know, was this some sort of nevuah?
Granted beis din treats them the same, but that doesnt mean their act was the same.
you asked ““Rare or חילול שבת” Which?”
And I gave an (excellent?) answer saying better to do chilul shabbos in that case. Clearly my answer was driven to prevent the woman from getting rape. Even if you don’t like the specific answer, Imagine a posek trying to come up with a way to “protect” the woman. Is that a bad thing? Is that a sign of favoring western values over the Torah?