[Avodah] self defense against rape or assault / stand

[Chana Luntz]

On Tue, Aug 27, 2013 at 09:07:08AM -0400, M Cohen wrote:
: If the attacker is a nJ and actually strikes, then it would appear they
are
: chayav misah and one could kill them (because nJ who hits a Jew is chayav
: misah)

And RMB responds:

>How does that follow? A chiyuv misah doesn't equate to kanaim pog'im bo.
Misah requires due process (which isn't as alaborate of a process as for a
J, but that's a different question).

Just to back up what RMB is saying - The Hagahos Ashri in Avodah Zarah perek
5 siman 5 quoting one of the Ba'alei Tosphos says explicitly that: "a Ben
Noach even though he violates the seven mitzvot and they warn him that this
is his death, and even though he does not need community and witnesses
[plural] and formal warnings [for the beit din to judge him], in any event
in any time that he is not judged in Beis Din, he is not obligated in death
["ain chayavin misa"] and it is forbidden to kill him ["asur lharego"] and
if he accepts to fulfil the seven mitzvos before 3 we are obligated to
sustain him."

Note that the Bene Banim chelek 3 Ma'mar 4 ois 3 discusses this, and also
argues at length that the Rambam should also be explained as agreeing with
the Hagahos Ashri.

You can also see from the Hagahos Ashri that if subsequent to these actions
a violating NJ decides to become a ger toshav (as with deciding to be a ger
tzedek), there is no chiyuv misa that hangs over him from his previous deeds
that might prevent the obligation to sustain him (ie the active obligation
to feed him and otherwise support his life) kicks in.

>GCT!
>-Micha

Gmar Chatima Tova

Chana