68. Murderer and Protection of Life - Rotze'ach u-Shemiras Nefesh
It is forbidden to murder, as it says "You shall not
murder".1 A murderer must be put to death, as it says
"He shall be avenged"2; it is forbidden to accept
compensation from him instead, as it says "You shall not take
redemption for the life of a murderer...; and there shall
be no atonement for the blood that was spilled... except the
blood of him that spilled it".3 It is forbidden to
execute a murderer before he has stood trial, as it says "And
the murderer shall not die until he stands before the
congregation for judgment".4 However, we are commanded to
prevent an attempted murder by killing the
would-be murderer if necessary, and it is forbidden to refrain from
doing so, as it says "And you shall cut off her hand; you
shall not be merciful"5; and similarly for attempted
fornication, as it says "[If the man seizes her and lies with her...]
just as a man rises up against his friend and
murders him, so is this thing."6 It is forbidden to
refrain from saving life when it is in one's power to do so,
as it says "You shall not stand on your friend's blood."7,a
One who kills a man by accident must be exiled to
a city of refuge and it is forbidden to accept compensation
from him instead, as it says "He shall dwell there
until the death of the high priest... and you shall not
take redemption from [one] who flees to his city of refuge
[to return and dwell in the land before the priest dies]."8
We are commanded to set aside such cities in the land of
Israel, as it says "You shall set aside three cities...
[to which a murderer can flee]"9; all the cities given
to the Levites are cities of refuge, as it says "The
cities that you shall give to the Levites: the six cities
of refuge that you shall give for a murderer to flee there,
and besides them you shall give 42 cities".10,b
If a murdered body is found in the land of Israel the
court of the nearest city kills a calf near a stream on
untilled soil as an atonement [as it says "If a corpse is
found in the land... and it is not known who struck him...
the elders of the city nearest to the corpse shall take a
calf with which no work has been done... and take the calf
down to a mighty stream that must not be worked and not sown
and break the neck of the calf there by the stream... and
say ...`atone for Your people Israel...'"].11 When murder
is common this practice is not followed.c
We are commanded to remove all possible sources of
danger to life -- for example, to build a parapet around a
roof -- and it is forbidden to refrain from doing so, as
it says "You shall make a fence for your roof and you shall
not put blood in your house".12 All practices that are
potentially dangerous to life must be avoided. It is
forbidden to lead anyone astray and in particular to tempt
him to sin, as it says "And you shall not put an obstacle
before a blind man".13,d
[If we find someone in difficulty we are commanded to
help him; for example,] if someone's animal is crushed under a
heavy load we are commanded to help him unload and
reload it and it is forbidden to ignore him, as it says "[If
you see your enemy's ass crouching under its load...] you
shall unload with him",14 and it says "You shall not see
your brother's ass [or his ox fallen on the road and ignore
them]; you shall lift up with him".l5,e
Sources: |
| 1. Ex. 20:13; Deut. 5:17 |
a. 1:1,4-11,14 |
| 2. Ex. 21:20; see Lev. 24:17,21 |
b. 5:1; 8:1,9 |
| 3. Num. 35:31,33 |
c. 9:1-3,12; 10:1,9 |
| 4. Num. 35:12 |
d. 11:1,3-5 |
| 5. Deut. 25:12 |
e. 13:1-2 |
| 6. Deut. 22:26 |
|
| 7. Lev. 19:16 |
|
| 8. Num. 35:25-32 |
|
| 9. Deut. 18:2ff; see Num. 35:10ff |
|
| 10. Num. 35:6 |
|
| 11. Deut. 21:lff |
|
| 12. Deut. 22:8 |
|
| 13. Lev. 19:14 |
|
| 14. Ex. 23:5 |
|
| 15. Deut. 22:4 |
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