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March 17, 2016 7:15 pm at 7:15 pm #1142751zahavasdadParticipant
It may be pattur bidinei adam but it might be chayuv on dinei shamayim. If He deserves some form of punishment HASHEM knows how to deal with it.
If you are going to say that, why have any police or jails, since only hashem can mette out punishment. We can live in a lawless society. hashem will take care of it
March 17, 2016 7:19 pm at 7:19 pm #1142752zahavasdadParticipantIf someone stole $5 million dollars and the halacha says you have to pay back 4 or 5 times, that is $20 or $25 million dollars. If he doesnt have the money there is no way to pay it back. Even if you sell yourself into slavery, you cannot earn in 6 years $15 million dollars, you can never pay it back
Even if you stole the $5 million and spent the money and you dont have it anymore, you cant work off the money in 6 years
March 17, 2016 7:34 pm at 7:34 pm #1142753EretzHaKMemberzahavasdad – so that’s the halacha. If after the six years it couldn’t be paid back in full then he’s patur from further repayment.
Putting him in prison for six years doesn’t get the money repaid either. In fact, putting him in prison will get less repaid then forcing him to work it off for six years.
March 17, 2016 7:57 pm at 7:57 pm #1142754zahavasdadParticipantPart of the philosophy of punishment is not only to make the guilty pay for their crimes, but to deter others from doing similar crimes
March 17, 2016 7:58 pm at 7:58 pm #1142755🍫Syag LchochmaParticipantso putting this particular investigation aside – and Bez”H no fault should be found anywhere among us – I am wondering about how things seem to be getting lost in the translation, as they say.
How does – “be dan l’kaf zchus” translate into “”We know he is innocent”
How does – “Daven he should not go to jail” translate into “He should suffer no consequences, natural or otherwise”
How does -“presume him innocent” translate to “destroy the witnesses and celebrate the man as a hero”
When I don’t know the facts of a case i refuse to make judgement. But refusing to make judgement does not mean mudslinging the prosecutors, victims or investigatory team (whether or not they deserve it).
as an outside example, When a frum mother was investigated for possibly facilitating her child’s illness there were rallys and destructive cries of anti semitism and calls for her release. What if it was true and she really was harming her child? does the hospitals political stand make them automatically wrong in their suspicians? do the people who cause riots and scream foul play know for a fact that this mother was really safe for her child? My question is – Why would an obligation to judge favorably and presume innocence allow for that type of behavior?
I have worked with frum patients who were victims of crimes r”l that were perpetrated by frum people r”l. NOBODY would have suspected such things and i myself was shocked. When the man’s friends rallied around him to get him off the hook, they were actually putting this patient of mine in danger. They meant well, but they were very, very wrong. is that part of our obligation?
People need to be very careful to learn the true meaning of being dan l’kaf zchus. When you don’t know the facts, be big enough to admit it and find something else to talk about.
March 17, 2016 9:58 pm at 9:58 pm #1142756apushatayidParticipantZD. My point was, you can’t always get what you think is “justice”. Sometimes you have to accept the reality that the other person is a jerk and there is nothing you can do as frustrating as that may be. HASHEM will deal with him. This is a tangential point to the main discussion here.
March 17, 2016 10:05 pm at 10:05 pm #1142757apushatayidParticipantI would take what Syag wrote one step further. Although it may not be applicable here (i assume Dan lekaf zechus doesn’t apply when it comes to a got but that assumption may be wrong) why would it not apply where the investigator or prosecutor is also a yid ( this is probably everyday occurence in israel) too. Isn’t the prosecutor or accuser entitled to the same treatment that he is not a rasha or worse and has legitimate basis for his accusation? In other words, one should keep their mouth shut and not say anything negative about either side.
March 17, 2016 10:06 pm at 10:06 pm #1142758apushatayidParticipantZD. You do realize how dumb the comment about not having jails is?
March 17, 2016 10:10 pm at 10:10 pm #1142759☕ DaasYochid ☕ParticipantYou can call the police and have the car towed
Do you really think the car will be gone in an hour? You need to first get the police to come give a ticket, then after the car is ticketed, call the tow truck company.
Been there, done that. Not successfully.
BTW, halachah probably allows you to do that as well. Ask your Choshen Mishpat posek.
March 17, 2016 10:27 pm at 10:27 pm #1142760☕ DaasYochid ☕ParticipantApushatayid, unless he is shomer Torah umitzvos, I don’t think dan l’kaf z’chus applies.
March 17, 2016 11:43 pm at 11:43 pm #1142761🍫Syag LchochmaParticipantthat pretty much solves our problem then. none of those who are actually guilty of any of these awful crimes can be considered Shomrei Torah.
March 18, 2016 12:10 am at 12:10 am #1142762EretzHaKMemberSyag Lchochma – That isn’t correct. The person certainly doesn’t lose his halachic status and benefits of being considered a shomer Torah umitzvos based on an accusation. In fact, even if guilty of what he’s accused by the government he still doesn’t lose that halachic status or its halachic benefits insofar how we are required to view and treat him.
March 18, 2016 12:14 am at 12:14 am #1142763nishtdayngesheftParticipantSyag,
“none of those who are actually guilty “
The key point is if they are guilty which would have to be proven. At this point, this is only an investigation. Far from being guilty.
And we all know people who have pleaded guilty because it was cheaper and quicker than proving innocence.
March 18, 2016 12:44 am at 12:44 am #1142764🍫Syag LchochmaParticipantSyag Lchochma – That isn’t correct. The person certainly doesn’t lose his halachic status and benefits of being considered a shomer Torah umitzvos based on an accusation.
my words were that those who are GUILTY of awful crimes… I didn’t say accused and I wasn’t talking about this news story
March 18, 2016 12:47 am at 12:47 am #1142765🍫Syag LchochmaParticipantnisht – The key point is if they are guilty which would have to be proven. At this point, this is only an investigation. Far from being guilty.
100% agreed. I have not joined anyone here in saying that there are guilty parties in this news story. there havent even been arrests BH.
And we all know people who have pleaded guilty because it was cheaper and quicker than proving innocence.
I honestly know no such people.
March 18, 2016 12:54 am at 12:54 am #1142766🍫Syag LchochmaParticipanti hear people making a call to order of everyone to not point fingers, pretend there is no chillul Hashem in the news story and assume all are innocent. here is an honest question for you (I would include myself in all but thinking the investigation itself is not a chillul Hashem)
When there is a frum victim on the other side, are you as careful about not calling them moser, liars, ostracizing their families destroying their livlihoods to prove innocense? Are we equally honest and non-judgemental for ALL yidden regardless of the allegations or standing?
I can start by answering for myself, yes.
I am hoping that the posters here are also among those who would say yes.
March 18, 2016 1:24 am at 1:24 am #1142767apushatayidParticipantSo you are saying a shomer shabbos prosecutor, fbi agent or police officer would also be entitled to the same Dan lekaf zechus.
March 18, 2016 2:55 am at 2:55 am #1142768nishtdayngesheftParticipantSyag,
You’ve never pleased to a lesser charge in traffic court? That is standard practice outside of NYC. The cops issue trumped up tickets, wildly inflating charges, ncreasing the reported speed and giving multiple tickets for the same infraction using different code section s and then they offer a plea.
Happens every single day. It is a revenue source for the towns that they don’t have to share with the state.
These are only simple cases, but the same happens with all charges.
March 18, 2016 2:58 am at 2:58 am #1142769nishtdayngesheftParticipantAPY,
What Dan lkaf zchus is there to a prosecutor? That he wasn’t intenyltionally malicious, perhaps. Doesn’t mean you have to believe that the allegations against the defendant is true.
You think the Halacha of Dan lkaf zchus is only where a non Jew or a mumar is making the claim? Nonsense.
The only way a non Jew or a mumar enters into the equation is that there is no din of being Dan lkaf zchus on them.
March 18, 2016 3:03 am at 3:03 am #1142770YW Moderator-127ModeratorI am closing this thread as it cannot lead to anything good.
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