Shulchan Aruch
Code Of The Jewish Law
By Rabbi Shneur Zalman Of Liadi
Laws of Money Damages – (Laws of Messira)
[Chosen Mishpot – Kehot Printing –Safer Vov- Page Kof-Chof]
For Original Hebrew Print – Click Here
[Free Translation]
(6) It is forbidden to Masser a Jew in to the hands of a Goy (Gentile), it makes no difference if its his body (גוף) or money (ממון), even ממון קל, which means even if it’s a “light” (small) amount of money.,
This prohibition (אסור) applies by דיבור, which means outright Messira through speech, Or even revealing what a fellow Jew wants to do, for example giving a hint, for example: if the Goy (גוי) asks the Yid where he can find strew, it is forbidden to tell him that it can be found in a specific Yid’s house, or even to just point to the Yid’s house, – without even saying anything, and anyone that does Massira has no part in the world to come.
Even a wicked person (רשע) and a sinner (בעל עבירות), it is forbidden to Massir on him, both in regard to his body (גוף) or money (ממונו), and even if this person is a constant bother, for example, he’s always harassing you, it’s forbidden to Masser.
However, if this wicked person Massered on you, you are allowed to Masser on him, if there is reason to believe that this wicked person will continue his Mossering and the only way you can save yourself is by- Mossering on the wicked person or in a case that you were Massered on and that Messira was not dismissed, meaning it’s ongoing, your allowed to Masser, if that’s your last resort, and no other way out.
Also one that is violent who regularly hits people and there is no other way to protect yourself from him, unless you will Masser him to Goyim, that they shall take his money or “cut off his hands” that he may not be violent again. However, someone who hit his friend but he is not regularly violent rather this was a one time thing, it is forbidden even for the person that was hit, to Masser his friend, for even though if in this case, the person that was hit does Masser, there are those opinions which exempt him from (דיני אדם) Judgment from man, because a person isn’t (”נתפס על צערו”) [Baba Bathra 16: Raba said: This teaches that a man is not held responsible for what he says when in distress[. Still (לכתחילה) to begin with it is forbidden to according to everyone and he is a Mosser (if he does).
And even if you have a violent Jew, and he doesn’t want to go to Bais Din, it is forbidden to go to the authorities to force him to come to a Din Torah, until you receive permission from Bais Din, also to force him through the means of Goyim to fulfill the Psak (Halachik Ruling) of Bais din, it is forbidden till you have consent from Bais Din.
(7) Someone that Masser’s it is permitted to kill him, in any place, and at any time, even in today’s time, even before he actually Masser’s, like if he says “I’m going to Masser on someone either on his actual body or money etc…” he has permitted himself to death, and we warn him, and we tell him: Do not Masser. If he has Chutzpa and says no, I’m going to Masser anyways, it is a Mitzva (commandment) to kill him, and whoever is first in doing so, the merit is his.
For someone that goes to Masser money of a Jew into the hands of Goyim, it’s as if he’s “chasing” (”רודף”) after his soul. And if someone is “chasing” (”רודף”) after your friend to kill him, it is allowed to save him (your friend), by killing the killer (Mosser).
And if there is no opportunity to warn him (the Mosser), you do not need to warn him. However if you can save the victim by hurting the killer (Mosser), for example by cutting off his tongue, or to poke out his eyes, then it’s forbidden to kill him (the Mosser).
(8) If the Mosser followed thought with his plot (of Messira), it is forbidden to kill him, unless he’s “assumed in Messira”, which means he has done Messira three times, then you can kill for he may continue to Mosser on others. It is forbidden to destroy the money of a Mosser by hand, meaning by physical action, or through Messira to Goyim, even though it’s permitted to destroy his body (by killing him). For his money is fit for his inheritors. However it’s permitted to cause him lose of money, because since his body is void (הפקר) so is his money, and for sure you don’t have to pick up his lost item to return to him. However it is forbidden to take the Mosser’s money for yourself (even if it’s something that the Mosser lost) since it is fit for his inheritors.
There are those who say that a Mosser has the law of a Mumar (מומר) to the whole Torah (see Rambam Laws of Repentance, Chapter 3, law 9, for what a Mumar for the whole Torah is). And if you find the Mosser’s lost object it is yours and is forbidden to return it to him….
(9) Someone that’s assumed as a Mosser, and it seems that the only reason why his words are heard is because of his money, meaning he is rich, and if he would be poor his words will not be heard, it is permitted to destroy (לאבד) his money, or to Masser on him to Goyim, for with this you are saving other people from this Mosser’s Messira.
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A PATTERN OF VICIOUS MESSIRA’S COMING TO AN END
River of Messira: Jewish Blood Is Not Cheap
For [almost] 30 years, since the creation of the Crown Heights Jewish Community Council Inc. (CHJCC), Crown Heights residents has suffered from one Messira after the next, ranging from RICO cases, to gang assault.
To much innocent Jewish Blood floods our streets. There is not a lamp post in Crown Heights which does not have the blood from the Fischer and Hershkop family.
(more…)