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 ...
- 47.8k
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 ...
- 35.4k
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 ...
- 20.9k
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 ...
- 47.8k
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 ...
- 35.4k
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 ...
- 20.7k
10
votes
Why did God need to command the Jews not to kill?
A Medrash states that G-d offered the Torah to the children of Eisau. They rejected it, saying they could not accept this very commandment against murder. This begs the question: Eisau's descendants ...
- 5,310
9
votes
The question of euthanasia
Ohr Someach clearly states:
Jewish law forbids euthanasia in all forms, and is considered an act
of homicide. The life of a person is not "his" - rather, it belongs to
the One Who granted that ...
- 47.2k
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 ...
- 99
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 ...
- 31.8k
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 ...
- 49.1k
8
votes
What is an overview of Judaism's arguments against the "unconscious violinist" analogy used to support abortion in the case of rape?
Rabbi Yosef Karo (1488 - 1575)states in Shulchan Aruch, (The Code of Jewish Law) that if a physician is able to heal a patient and refrains from doing so, this is considered murder. Yoreh Deah, 336:1
...
- 10.7k
8
votes
Why did God need to command the Jews not to kill?
If not for the prohibition, murder would carry no defined penalty in civil courts. The Torah prohibition makes murder always a capital crime. Same with stealing - if there was no explicit mitzvah, ...
- 5,310
8
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 ...
- 10.7k
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 ...
- 22.7k
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 ...
- 2,171
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 ...
- 34.1k
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. ...
- 5,966
6
votes
Is the commandment 'You shall not murder' the most important commandment in Judaism?
Judaism does not specify the importance or reward of different commandments. We observe them all because God says so without trying to rationalize (although many have proposed explanations for the ...
- 47.8k
6
votes
Why did Cain (Kayin) kill Abel (Hevel)?
The reason you mention is one on the list in Bereishis Rabba 22 And Cain spoke to Abel his brother. And it came to pass when they were in the field... " (Gen 4:8) What were they fighting about? ...
- 33.4k
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 ...
- 42.8k
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 ...
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 ...
- 5,365
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
- 131
5
votes
The question of euthanasia
There are at least two classical cases in the gemara, and (unsurprisingly) they would lead to conflicting generalizations. The halakhah's position is nuanced.
The first case is the people of the city ...
- 9,388
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 ...
- 11.9k
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 ...
- 6,467
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 ...
- 41.7k
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"). ...
- 4,892
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