By Rabbi Yair Hoffman for 5TJT.com This week, former Minneapolis police officer Derek Chauvin was handcuffed and taken into custody after a jury had found him guilty of murder on two counts and manslaughter on one count in the death of George Floyd. While Chauvin was sitting with his knee on the neck of Mr. Floyd – there were other officers and other bystanders around that witnessed it all. Should they have done something? What would you have done – if it was your own son or daughter chalilah was under Mr. Chauvin’s knee? What would be the halacha? PLEASE HELP A WONDERFUL BAALEI TESHUVAH COUPLE GET MARRIED! https://thechesedfund.com/zechornilah/weddingoftwobaaleiteshuva What follows is a general recommendation as to what to do and then the halachic discussion about it. WHAT THEY SHOULD HAVE DONE Bystanders should perhaps have divided up into three groups. Some should have approached the officer and declared, “Sir, you are under citizen’s arrest. You are killing this man. You must cease and desist immediately. We are not assaulting you. We are placing you under citizen’s arrest because you are not listening to us in stopping the attempted murder of this person.” Others should have approached the other officers and said, “Officers we are placing this police officer under citizen’s arrest. Please help us. We are not assaulting him and you know deep in your hearts that what he is doing is wrong. Please assist us. It is your duty.” A third group should have called other officers by phone to the scene – a senior officer. The first group of bystanders should then have physically removed the police officer from Floyd. THE READER’S REACTION It is anticipated that the reader’s reaction might be, “Never have I seen such naivete. The officer will draw his gun and shoot you down. You are foolish.” Perhaps. But wouldn’t you do this to save your own child or brother? Wouldn’t you place yourself at somewhat of a risk to save someone else? THE YERUSHALMI The Talmud Yerushalmi in Meseches Trumos (8:4) records the following incident: Rabbi Ami was kidnapped by robbers. Rabbi Yochanan said: “All we can do is prepare his burial shrouds.” Rabbi Shimon Ben Lakish said, “Either I will kill or be killed. I will go and rescue him with force.” He went and convinced the kidnappers to release him. According to this Yerushalmi, there appears to be a debate upon the idea between Rabbi Yochanan and Rabbi Shimon Ben Lakish as to whether or not there is an obligation to risk one’s life in order to save the life of another. TWO VIEWS It is also possible, however, that Rabbi Shimon Ben Lakish was just reaching for a higher moral standard – but one that is not obligatory. Let us now look at two different views or understandings of this Yerushalmi. The first one which seems to understand that it is obligatory is that of the HaGaos Maimonides, Rav Karo, and a Tosfos in Niddah. The second view which seems to understand that it is not obligatory (and perhaps even forbidden) is that of the Radbaz. THE HAGAOS MAIMONIUS’ VIEW Rabbi Meir Ben Yekusiel HaKohain, a 13th century Rishon who was a student of the Maharam of Rothenberg, writes (Hagaos Maimonius, Hilchos Rotzayach 1:14): “He is in violation of […]
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