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Before asking my question, I'd like to make it clear that this is being asked in all seriousness, and not as some form of satire or "Purim Torah". I think there is a precedent for asking halachic questions based on fictional works – as Dave pointed out elsewhere, R' Zevin has a classic article on the halachic judgement of the character Shylock from Shakespeare's The Merchent of Venice. That being said...

The wildly popular Harry Potter series of novels details the adventures of a group of magically gifted students at Hogwarts School of Witchcraft and Wizardry. These students, including the eponymous hero Harry Potter, must cultivate their magical abilities in order to defeat the evil wizard Voldemort. The magic that is used in the series is mainly of the wand-waving variety, but is quite diverse and described in great detail. For more information, see the Wikipedia article "Magic in Harry Potter".

The Torah states (Shmot 22:17) "מְכַשֵּׁפָה לֹא תְחַיֶּה" "Do not allow a sorceress to live." Rashi points out that this applies to males as well; the verse only used the feminine term "sorceress" because in reality they are more common than sorcerers. Hypothetically, would Harry Potter receive this punishment, assuming he had been warned and proper judicial procedure was followed? Why or why not?

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Any one deemed a sorcerer is executed according to Halacha and a any one deemed a necromancer is lashed – user4754 Jan 8 '14 at 1:41
He-who-must-not-be-named should be referred to as Yemach Shemo – Clint Eastwood Jan 8 '14 at 2:15
@ClintEastwood I think that shorthand is already in use for someone else. – Monica Cellio Jan 8 '14 at 2:34
If he's Jewish, he's undoubtedly a tinok shenishba: there's no mention at all in the books of his knowing he's Jewish, nor even of his mother or adoptive mother (his mother's sister) knowing they're Jewish. – msh210 Jan 8 '14 at 4:06
Note that The Chinuch lists limitations to this Mitzvah, such as it only applying in Eretz Yisroel and surrounding areas, with a Beit Din of 23, etc. hebrewbooks.org/pdfpager.aspx?req=34302&pgnum=46 -- It does not mention if the obligation to kill warlocks applies to non-Jews. – Menachem Jan 8 '14 at 4:55

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