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If a Jew sees another Jew about to do an aveira (chas veshalom), and knows that if he speaks in a certain way to protest the action, the other Jew might listen to him, but doesn't do so, is he liable for the other Jew's aveira (chas veshalom)?

If so, is it considered as if the first person intentionally did it, or only accidentally? This may have ramifications for shabbos, for example if a melacha was done on purpose, that person who did it is forbidden to benefit from it (but other Jews are permitted), if it was done by accident, then everyone's allowed to benefit from it after [a certain amount of time at least] shabbos, so if someone saw another Jew about to do an aveira on shabbos (chas veshalom), and could have warned him, but didn't, is he now intentionally liable for the melacha, and therefore forbidden to benefit from it after shabbos, or only inadvertently liable from it (if at all), and therefore permitted to benefit from it?

  • This article etzion.gush.net/vbm/archive/9-halak/26arvut.php brings both sides as whether the observer is considered as the person did it himself due to ערבות or he is a separate entity and not liable. However, one can not say that the intention for both is the same. The one who did the malacha did it with intention. The observer may be considered as doing it but one can not label him as doing it with intention. He was dragged into it by observing the aveyrah and by not trying to prevent it he should not be liable and thus he should not get the קנס of it being ossur to him.. – Geltman Jul 1 at 19:40
  • @Geltman but what if the person who did do it was a tinuk shenishbah and therefore is not considered to have done it intentioanlly anyways? does that change anything? – wow ow Jul 1 at 21:31
  • In order to get the knas (קנס) of מעשה שבת that one and their family can not benefit from it forever, one needs to have done the melacha במזיד. That said there is what to be lenient when a tinuk shenishbah involved as his kavana is not always the same as one who learned halacha properly see this (in hebrew) about the subject. he.wikipedia.org/wiki/…. If the question is הלכה למעשה, best to speak to a rav. – Geltman Jul 2 at 13:49

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