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April 5, 2011 3:37 pm at 3:37 pm #596119Joseph / clark-kentMember
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?
April 5, 2011 3:57 pm at 3:57 pm #1098430popa_bar_abbaParticipantIs 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.
April 5, 2011 4:24 pm at 4:24 pm #1098431Raphael KaufmanMemberIgnorance of the law might not be a defense but it might be a mitigating factor.
August 28, 2015 4:49 am at 4:49 am #1098432👑RebYidd23ParticipantIt is impossible to know the law in all situations.
August 28, 2015 11:39 am at 11:39 am #1098433lesschumrasParticipantIt is impossible to know if the person is telling the truth.
August 28, 2015 12:04 pm at 12:04 pm #1098434DaMosheParticipantIt 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.
September 1, 2015 6:57 pm at 6:57 pm #1098435screwdriverdelightParticipanta ben noach is killed on a shogeig; that’s why ignorance of the law isn’t an excuse in secular law.
September 1, 2015 11:46 pm at 11:46 pm #1098436squeakParticipantIgnorance is 90% of the law.
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