One who delegates a crime [i.e. appoints a messenger] never has to come face to face with the victim; they never encounter the divine within that person that could lead them to a state of awe or recognition of an order beyond their current circumstances. According to Jewish law, in order for a person to be held fully accountable for a crime, they must be warned - receive hatraah- immediately prior to committing the prohibited act. One way to view this requirement is as a last-minute reminder to the criminal of the weight of their actions. If we understand feelings of awe and recognition of order that result from physically encountering the victim as a natural warning, a principal never receives this warning, and therefore cannot be held accountable for the misconduct of their agent.
Suggested Discussion Questions:
1. Why can’t a principal (one who delegates a crime) be responsible for the crime itself?
2. What is a hatraah? How does encountering the victim of a crime serve as one?
3. Who do you encounter? Who don’t you encounter face to face? How does this affect the you way you interact with them?
Time Period: Contemporary (The Yom Kippur War until the present-day)