[quote]SexMachine wrote:
[quote]SexMachine wrote:
Another bump. @JB - As a lawyer I’m sure you’re familiar with the maxim ‘ignorance of the law is no defence’ - Ignorantia juris non excusat. How about in Jewish law?[/quote]
@DocSkeptix - seems JB has gone AWOL. Can you spread some light on my question if you’ve got the time? I’ve really enjoyed reading your knowledgeable posts on the subject too.[/quote]
First, JB will have forgotten more than I ever knew on the subject.
In my answer to Pat in another thread, I had to review my failing memory and read Babylonian Talmud Tractate Pesahim, wherein the early chapters touch on the subject of ignorance of law.
Well, not really. The first question involves the unknowable activities of a mouse, but the legal analogy is whether someone is liable if he know the law, but is unsure of the facts!
The example given (taken from Tractate Tohorot 6:5) is this: a man crosses a valley in which a field has been exposed to rain, and may have become impure for Passover (i.e., the wet grain becomes leavened, and “impure.”) If the man says that he has passed through the valley, but does not know if he touched the impure field, Rabbi Eliezer judged that the man is pure, but the Rabbis declared him impure.
This bit of arcana asks the question, if there be doubt of an action, is the person given the benefit of doubt (“innocent till proven guilty”). Or does the law presume the extreme case, that doubt precludes innocence until the doubt can absolutely be removed?
Notice: first, the man in question knows the law…it is the facts of which he is unsure… and second, there is no authoritative answer. Ordinarily, majority opinion holds in such disputes, but here, one suspects that Rabbi Eliezer’s opinion is the greater, since he is named, and not disputed by further citation by “the Rabbis.”
I have dodged the question: is ignorance of law an excuse? Well, whether doubt is an excuse, or whether it must be expunged before guilt is ascribed, one might argue that ignorance of the law is a similar burden; it must be excused or expunged by those who would presume to judge others.