Stuffing of Sinners, Part I
#837: Stuffing of Sinners, Part I
“Hal’itehu l’rasha veyamus” (Stuff the wicked one so he may perish) is a troubling halachic concept that seems to offend our sensibilities as well as oppose Torah sources that urge us to feel responsibility for and offer rebuke to the wayward.
The source for this concept is found in the mitzvos that regulate the agricultural fields in Eretz Yisroel: During Shemitah (the seventh year [when the Land lies fallow]), all Jewish-grown produce is considered hefker (ownerless) for any passerby to enjoy. But it is the responsibility of the owner to mark all trees that bear prohibited produce—those that are orlah (“uncircumcised” fruit [within the first three years of growth]), neta riva’i (in the fourth year of planting [which would normally be brought to Yerushalayim]) or otherwise forbidden to be eaten. However, all other years, when snatching fruit from another’s orchard would be an act of stealing, the owner has no responsibility to warn would-be thieves which trees are forbidden—as per the explicit words of Rabbi Shimon ben Gamliel (1st century tanna of the Mishnah): “hal’itehu”—Ram the forbidden fruit down the throat of the wicked so they may suffer the consequences of their sinful ways.
However, continues the Mishnah, there are still tzenuim (modest people) who preemptively redeem their trees so that another will not consume neta revoi. There is much halachic discussion regarding this practice—whether it is an additional precaution to marking trees in Shemitah or something that is done in all years, in conflict with those who leave the sinners to their own destructive ends. The question also arises whether we are to consider this alternative practice over the advice of Rabbi Shimon: is it a positive effort to go beyond basic observance to prevent would-be thieves from eating orlah, or is it more correct to follow the directive of Rabbi Shimon and mentioning what tzenuim do is a subtle warning against misplaced compassion for the reshaim?
Tomorrow’s Halachah #837: Stuffing of Sinners, Part II will address the moral and halachic significance of the idea of “stuffing sinners” and the universal, current-day application of this halachah.
https://halacha2go.com?number=837