(c) Apr 18 2001 RashiYomi Inc. MY COLLECTED & INDEXED MAIL JEWISH POSTINGS-Ver #1
Individual Postings 1st appeared(& were copied in html form) on the Email List Mail Jewish

From: Russell Hendel <rhendel@saber.towson.edu>
Date: Tue, 14 Mar 2000 23:21:03 -0500 (EST)
Subject: Corporal Punishment

Zev Spero in v31n75 states
>>>>
Even if a student *dies* from corporal punishment by a teacher (even a
secular teacher), the teacher has no culpability at all, and does not
even have to go into exile, because he did absolutely nothing wrong.
>>>>

True he doesn't go into exile but I would hardly say he did nothing
wrong. In fact the teacher accidentally killed somebody. All Jewish law
is saying is that since it is permissable to hit a student therefore we
will not find him NEGLIGENT (SHOGAYG)--this does not mean that nothing
'wrong' was done. The person did do an accidental sin and eg requires
doing teshuva on Yom Kippur..however the persons 'accidentness' is not
enough to make him go into exile.

Zev also says that
>>>>
24 hours each.  *Torah* believes in corporal punishment (`he who spares
his stick, hates his son'), and authorises teachers to implement it.
>>>>
Again--The Torah does not PROHIBIT it---but I do not know that it
encourages it.

Zev brings the above verse from Proverbs to show that the Torah DOES
encourage it.  However I would argue that the reasons that eg America
stopped corporal punishment in the classroom---they stopped it because
teachers used corporal punishment out of hatred and not out of
love---would apply to Jews also. Hence, especially since the 'laws of
the land are the laws of the land' it follows that we should abstain
from corporal punishment

Russell Jay Hendel; Phd ASA
Moderator Rashi is Simple;
http://www.shamash.org/rashi/