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Self Defense: Difference between revisions
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# It is possible to kill a rodef even if he's a minor.<ref>Sanhedrin 72b, Rambam (Rotze'ach 1:6), Shulchan Aruch C.M. 425:1</ref> | # It is possible to kill a rodef even if he's a minor.<ref>Sanhedrin 72b, Rambam (Rotze'ach 1:6), Shulchan Aruch C.M. 425:1</ref> | ||
== Lo Tamod- You Shall Not Stand on Blood == | |||
The Torah prohibits a person from not assisting someone in mortal danger. The Talmud also explains that there exists a mitzvah to save someone from death as a fulfillment of returning a lost item | |||
The Talmud says that in a case where someone sees another person in need- you must try all you can to save the person, including the rescuer spending his own money. | |||
The commentators explain that while the rescuer is liable to spend his own money in the moment, but that the rescued must later compensate the rescuer for expenses. | |||
== Property in a Rodef Case == | |||
The Talmud says that if someone is being chased by a rodef and in order to escape, the victim damages property of a third party- the victim must later compensate the owners of the broken property for damages. If the victim damages the rodef's property, the victim is exempt. | |||
If a rescuer chases after the rodef in order to save the victim and damages property over the course of the chase- the rescuer is exempt from the cost of damages even if the rescuer damaged property of a third party | |||
# The Talmud explains that the rescuer is exempt from damages out a concern lest people refrain from saving out of a liability concern | |||
## In contrast, no such concern exists if the victim damages property in his flight, since he has the natural incentive of self preservation | |||
# There is a dispute about when this exemption applies. The case in controversy is where the rescuer is also a potential victim, and by defeating the rodef, the rescuer also saves the victim. | |||
## Some say that the exemption does not apply- in this case we are not concerned that the rescuer would not rescue- since his life was at risk.<ref>Pnei Yehoshua Bava Kama 60b</ref> | |||
## Others say that the exemption from liability applies anytime you save other people.<ref>Netivot Hamispat Biurim 340.6 | |||
The Netivot is commenting on the Terumat Hadeshen's case of someone who borrows weapons before fighting in a battle to save the town. The Terumat Hadeshen exempts the borrower for loss of property is the battle is lost and the weapons stolen because of meta Machmat melacha. The Netivot argues that the Terumat Hadeshen must be describing a case where the battle was not life or death, because if it were, there would be no doubt about exempting the borrower from liability.</ref> | |||
== Self Defense with Someone Else's Property == | |||
The Talmud explains that King David was the first to ask whether you could do self defense with someone else's property | |||
King David was attacking the Philistines, and the Philistines hid from King David in Jewish fields. King David wondered whether he could destroy the fields to get to the Philistines. | |||
== Sources == | == Sources == | ||
<references/> | <references/> | ||
