[Avodah] Din Moser

[Yitzhak Grossman]

On Tue, 13 Jan 2009 16:56:35 -0500
Micha Berger <micha at aishdas.org> wrote:

> On Mon, Jan 12, 2009 at 02:05:19PM -0800, Harvey Benton wrote:
> : Aren't the dins of rodef and moser different? ...
> 
> Looking at the Rambam, Hil' Choveil pereq 8...
> 
> In halakhah 1, the Rambam says there are two kinds of mesirah. It seems
> that moseir bemamon chayav leshaleim, and that includes someone who causes
> imprisonment (8:4). The other kind, a moseir beguf, /is/ logically a type
> of rodeif.

No.  Rambam (Hovel 8:10) and SA (HM 388:10) explicitly state that even
a moser of "mamon kal" is a rodef; it is a mizvah to kill him; and
"kol ha'kodem le'hargo zachah".

Incidentally, they also state there that this Halachah applies even
today, even though we don't judge dinei ne'fashos, answering a question
raised earlier in this thread.

Yitzhak
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