Ignorance of the Law

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  • #596119

    Is pleading ignorance of the law a valid defense?

    In halacha does such a (legitimate) claim make what would otherwise be an aveira into a shogeg, entailing a korbon chatos?

    In secular law it seems to be unacceptable. But why? How can any human being reasonably be expected to know tens of thousands of minute federal, state, and local laws and ordinances?

    #1098430
    popa_bar_abba
    Participant

    Is pleading ignorance of the law a valid defense?

    Sometimes. If the law was a duty to act, and was not reasonably made available, then you can plead ignorance.

    #1098431

    Ignorance of the law might not be a defense but it might be a mitigating factor.

    #1098432
    👑RebYidd23
    Participant

    It is impossible to know the law in all situations.

    #1098433
    lesschumras
    Participant

    It is impossible to know if the person is telling the truth.

    #1098434
    DaMoshe
    Participant

    It depends what kind of law.

    I once heard a story about this issue. I believe it was with the Chofetz Chaim, although I’m not 100% sure. A shochet came to the Chofetz Chaim, and told him that he wanted to switch careers. He said the halachos of shechitah were too complex, and he was always nervous about messing up on a small detail. Instead, he said, he wanted to open a business.

    The Chofetz Chaim responded, “And you think that the halachos of running a business aren’t complex? Choshen Mishpat is from the most complex halachos! How can you open a business without first knowing Choshen Mishpat? It’s better to stay a shochet – the halachos there are simple compared to running a business!”

    If you’re going to undertake something, make sure you know what’s involved first! Yes, there are times in life where you may be pushed into a situation where you don’t know the laws, and you do your best. But you should try to know the laws that are likely to have an impact on your life.

    #1098435
    screwdriverdelight
    Participant

    a ben noach is killed on a shogeig; that’s why ignorance of the law isn’t an excuse in secular law.

    #1098436
    squeak
    Participant

    Ignorance is 90% of the law.

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