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19 votes
Accepted

If a blood avenger somehow gets into a city of refuge and kills the killer, is he subject to the death penalty?

The Rambam (Hilchot Rotzeach uShmirat Nefesh 5:11) writes If the [unintentional] killer is slain within the Sabbath limits of the city of refuge, the one who slayed him should be executed. see ...
mbloch's user avatar
  • 53.1k
14 votes

Why did Pharaoh only order the murder of boys?

Rashi to Exodus (1:16) quotes a Midrash that the Pharaoh decreed to specifically kill males since his astrologers predicted that a male would save the Jews. This Midrash is pretty old, and is present ...
mevaqesh's user avatar
  • 35.7k
14 votes

Why did Pharaoh only order the murder of boys?

Commentaries available here: Rashi (verse 16) - Pharaoh's stargazers had told him that a boy who would lead the Jews out of Egypt was being born. Chizkuni (verse 16) - men were generally those ...
רבות מחשבות's user avatar
13 votes

Can an unintentional murderer leave Ir Miklat for Shalosh Regalim?

He stays in his Ir Miklat, in all cases even to save a life, as the Rambam explains in Hilchot Rotzeach uShmirat Nefesh 7:8 A person who was exiled to a city of refuge should never leave his city ...
mbloch's user avatar
  • 53.1k
11 votes
Accepted

Is the Goel HaDam (Blood Avenger) obligated to pursue blood vengeance?

This is the matter of a Tannaic dispute recorded in the Mishna (Makkot 2:7), Makkot (11a): רוצח שיצא חוץ לתחום, ומצאו גואל הדם--רבי יוסי הגלילי אומר, מצוה ביד גואל הדם, ורשות ביד כל אדם; רבי עקיבה ...
mevaqesh's user avatar
  • 35.7k
11 votes

Connection between accidental murderer and Kohen ha'gadol?

The Rambam writes that the death of the High Priest distracts the mourners from seeking vengeance on the possible killer in the city of refuge: The chance of returning from the exile depends on the ...
Maurice Mizrahi's user avatar
9 votes

Did Jews kill any of their prophet?

Yes. Jews killed many prophets. And here is a proof from 1 Kings 19 (14). Then the Lord spoke his word to him: “Elijah! Why are you here?” 10 He answered, “Lord God All-Powerful, I have ...
Imran Khan's user avatar
9 votes
Accepted

Does Yehareg v’al Yaavor apply to lo sa’amod?

Tosfos (Sanhedrin 74b s.v. והא אסתר) says: ורוצח גופיה כי מיחייב למסור עצמו ה"מ קודם שיהרג בידים אבל היכא דלא עביד מעשה כגון שמשליכין אותו על התינוק ומתמעך מסתברא שאין חייב למסור עצמו דמצי אמר ...
Yishai's user avatar
  • 32.1k
9 votes

Does a person who kills someone by accident have to go live in Chevron nowadays?

The Sefer HaChinuch writes as follows: Sefer HaChinuch Mitzvah # 410 ונוהגת מצוה זו בזמן שישראל על אדמתן וסנהדרין של שבעים ואחד יושבין במקומן המוכן להם בירושלם לדין דיני נפשות And this ...
Alex's user avatar
  • 49.6k
9 votes
Accepted

Can you kill person A to protect yourself from B?

First, the concept of killing a non-guilty party in self defense is learned from the Gemara in Sanhedrin 82a. (See also the commentary of the Rosh to this Gemara; 9:4) When Pinchas was (doing the ...
David Kenner's user avatar
  • 10.8k
8 votes

Is murder allowed for someone who is stealing?

Mishna Sanhedrin 8.6 [A thief] who comes through a tunnel [into one's house] is judged on the basis of his end. If he came through a tunnel and broke a jug: if he has blood-guilt, he is liable; if ...
kouty's user avatar
  • 22.8k
8 votes
Accepted

What exactly happens to people who murdered but were not convicted on a technicality? [Murderous Courts vs. Manslaughter]

Someone who does not meet the requirements of the Beis Din on order to get the death penalty has one of two options; either killed by the king (or Beis Din acting extrajudicially) or make his life a ...
fulltimekollelguy's user avatar
7 votes
Accepted

Was Yoav considered a murderer regarding Uriah the Hittite?

Kiddushin 43a: האומר לשלוחו צא הרוג את הנפש הוא חייב ושולחיו פטור שמאי הזקן אומר משום חגי הנביא שולחיו חייב שנא' (שמואל ב יב, ט) אותו הרגת בחרב בני עמון One who says to his agent: "Go and ...
DonielF's user avatar
  • 34.4k
7 votes
Accepted

Is an accidental murderer allowed to stand and fight the Goel HaDam?

Regarding your second bullet point, as to whether he would be punished if he kills the Goel Hadom, this is dealt with by the Mishneh Lamelech, Hilchot Rotzeach, 1:15 who says he will not be punished. ...
Yehuda's user avatar
  • 6,034
6 votes

Pinchas-style act nowadays

The mishna says הבועל ארמית קנאין פוגעין בו. This is a limited law for only one specific case of a sexual sin. The gemara limits further and says that one can only kill the perpetrators in the case ...
ykay says Reinstate Monica's user avatar
6 votes

Earliest moment for interrupted wedding to be considered binding?

From the moment the bride receives the ring (or anything else of value) from the groom after he declares הֲרֵי אַתְּ מְקֻדֶּשֶׁת לִי in the presence of 2 Kosher witnesses, they are married, and the ...
Danny Schoemann's user avatar
5 votes

Asara Haruge Malchut (Ten Martyrs), why were 10 Rabbis killed?

Yalkut Reuveini brings several answers. Here (end of the first full paragraph) he says Reuven was actually punished for moving the beds by Bilhah. Here he says that Yishmael Kohen Gadol (who was very ...
Eliyahu's user avatar
  • 5,465
5 votes

Killing gentile under threat of death

In shut bney banim volume 3 , 42-45 rabbi henkin addresses this and concludes it's prohibited to kill the non Jew
user16291's user avatar
  • 131
5 votes

If a kohen participates in a stoning is he still allowed to bless the people?

R. Ephraim Bilitzer (Yad Ephraim no. 5), in addressing the question how could Phineas perform the priestly service after killing Zimri & Kosbi, admits as obvious that only a kohen who was not ...
Oliver's user avatar
  • 12.1k
5 votes

"Kanai": What criteria must be met by a defendant charged with murder who claims "kanai" status (halachik answers only please, not hashkafik/musar)

The Rambam states that in order for someone to be found guilty in court of murder he must first (immediately before his action) be warned that his action will be met with the death penalty and must ...
Jay's user avatar
  • 6,507
5 votes

Going out on Shabbat for Avenging your father's murder?

R. Moshe Feinstein in Igrot Moshe, Orach Chayyim V, 18 shares your puzzlement, but suggests that indeed, this is referring to the rule of the goel hadam, following the opinion that is a mitzvah for ...
Joel K's user avatar
  • 43.8k
5 votes

Correct translation of "לא תרצח" - Thou shalt not kill or murder?

See "Chizkuni" (Shemos 20:13) ולשון זה של "רציחה" לא שייך רק במיתה שלא כדין, אבל לשון מיתה ולשון הריגה, בין בדין בין שלא כדין Chizkuni differentiates between הריגה ("killing") and רציחה ("murder"). ...
IsraelReader's user avatar
  • 5,067
5 votes

Understanding the reasoning for "be killed rather than kill"

The definition you present for svara is incorrect; it is not arguable. Mahartz Chayus (Mavo Hatalmud, Ch. 4) states and proves that svara has the same status as the aforementioned methods. Therefore, ...
Dr. Shmuel's user avatar
5 votes

Can the accidental killer of a relative kill himself?

TLDR: No. Rambam, Hil. Retzichah 1:2-3 writes: מִצְוָה בְּיַד גּוֹאֵל הַדָּם [לַהֲרֹג אֶת הָרוֹצֵחַ] שֶׁנֶּאֱמַר (במדבר לה יט) "גֹּאֵל הַדָּם הוּא יָמִית אֶת הָרֹצֵחַ". וְכָל הָרָאוּי לִירֻשָּׁה ...
DonielF's user avatar
  • 34.4k
5 votes

Is chatas neurim tantamount to murder?

No, goodness no. Rambam finishes Ch. 15 of Laws of High Courts and their Punishments with the complete list of sins that theoretically warrant the death penalty, and it's not on there. Rabbi Moshe ...
Shalom's user avatar
  • 134k
4 votes
Accepted

Does killing a gentile unintentionally absolve you from the crime? (Makkot 7b)

No it does not refer to one who actually killed a gentile (whether intentionally or unintentionally). It means he had intent to kill a gentile but accidentally killed a Jew. The point is that he ...
sabbahillel's user avatar
  • 43.2k
4 votes

Does "attempted murder" carry punishment by Jewish law?

Obviously, the attacker has to pay the victim for any injuries sustained. Even if, say, the attacker shot and missed; most likely the victim is going to need some counseling to deal with that, and may ...
Shalom's user avatar
  • 134k
4 votes

is a animal more responsible then a child? if yes why?

The Ramban (BERAISHIS 9:5) says that an animal which kills a person does not receive death as a punishment because animals do not get rewarded or punished for their actions (as they have no Bechira (...
RibbisRabbiAndMore's user avatar
4 votes
Accepted

How do you punish a murderer without witnesses?

Consider what the Rashba writes in a teshuva: שו"ת הרשב"א חלק ג סימן שצג שאם אתם מעמידין הכל על הדינין הקצובים בתורה ושלא לענוש אלא כמו שענשה התורה בחבלות וכיוצא בזה נמצא העולם חרב שהיינו ...
Shmuel Koppel's user avatar

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