[Avodah] yishmael v. the mitzri???

[Zev Sero]

It's worth bearing in mind that Moshe was not a beis din.  He was an
individual in a position to kill the Mitzri, and he had every right to
do so (as everybody in such a situation does) but he had to decide
whether he *should*.  A beis din would have no choice: they are charged
with the obligation to convict and execute anyone whom the evidence shows
to have committed a capital crime, even if they believe him (against the
evidence) to be innocent (e.g. R Shimon ben Shatach's son).  They must
also do their duty even if it's dangerous: "lo taguru mipnei ish".  But
an individual has a choice: he need not put himself in danger of getting
caught and punished by the government, and he's also entitled to exercise
mercy, or decline to act for any other reason that seems good to him.
Moshe, with the power of ruach hakodesh, would have chosen to let the
Mitzri live had he seen any future tzadikim destined to come from him.


-- 
Zev Sero                      The trouble with socialism is that you
zev at sero.name                 eventually run out of other people’s money
                                                     - Margaret Thatcher