Q&A: Incitement in Jewish Law
Incitement in Jewish Law
Question
Is there anyone in Jewish law who holds that the prohibition of “do not place a stumbling block before the blind” and the laws of an inciter and one who leads others astray apply and are punishable even when the transgression was not carried out at all?
Answer
I don’t have time right now to do much searching.
From logic alone, it seems that “do not place a stumbling block before the blind” applies even when the transgression was not actually committed. It is known in the name of the Rabbi of Ponevezh that he resolved a contradiction in Sefer HaChinukh based on the assumption that this applies only to a Jew and not to a gentile (for a gentile there is a prohibition only where the gentile actually stumbles in practice).
And I see in Yad Malachi, sec. 367, and Sdei Chemed, system V, rule 26, sec. 6, that they lean toward there being a prohibition here even though there are considerations and sources from which it appears otherwise.