Some Laws are Based on Opinion Essay

Some Laws are Based on Opinion Essay

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Since the robber during the night is presumed to be indulging in the murder of the householder, the householder is permitted to use deadly force to prevent him/her and his/her family from being assaulted. On the contrary, due to the fact that the robber during the day is presumed to merely have the intention of stealing without assault, the householder may not use deadly force against the robber, and may only strike him down without murdering him.
Rashi goes on further to teach that if the thief/robber is recognized for whatever reason (perhaps some light shines upon him or his voice sounds familiar or he is not wearing a mask) as a familiar person to the householder, than the householder may not use deadly force upon him. In this way the rights of the householder are limited to only being able to kill the thief during the night under certain circumstances when the thief is not recognized. Chizkuni or Hezekiah ben Manoah comments further, saying that if the thief is caught by the householder with the stolen goods, in the place where he broke, then there is not bloodguilt or liability by the blood avenger (one who exacts revenge on the murder of the thief/robber) for his death because he has caught the householder in the state of his blind rage. However, Chizkuni also says that in the case where the robber is caught breaking in during the day, there is bloodguilt or liability by the blood avenger if the robber is killed by the householder, because it is assumed that the robber does not come to kill, merely to steal; and therefore it is forbidden for the householder to take deadly action.

2.) Not all law is factual. A vast amount of decisions are somewhat made on an assumption, and not fully based on proof. These legal assumpt...

... middle of paper ...

...r the mindset or mentality of the robber/thief in order to deduct a better understanding as to the intentions of the robber/thief (based on most people’s actions in that position) and allow for a resolution of the case at hand. Furthermore a חזקה can help support one’s views within the court by providing a precedent to one’s opinion.
• Weakness: On the other hand, one weakness of the חזקה is that other cases and the assumed mindset of most people performing the theft or robbery may not necessarily apply to the specific case, which may be an outlier.(is not necessarily true, there may be outlier cases)
• Weakness: Another weakness to a חזקה is that when a case concerns life or death, nothing should ever be assumed, there should only be factual evidence, as life remains the highest Jewish value and cannot be put in jeopardy for merely what is assumed to be the case.

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