[Avodah] The Rosh ruled that a rav was a zaken mamre

Hankman salman at videotron.ca
Fri Nov 12 06:31:46 PST 2010


:> In other words: According to my understanding, there are only two
:> circumstances under which the Torah allows a Jew to kill another: (a)
:> In the case where a duly-constituted beis din has sentenced someone to
:> death, and (b) To prevent a murderer or potential murderer from murdering,
:> and this includes lots of cases such as self-defense, getting rid of a
:> moser, and the like.

: 3. The beit din or some other authority (therein lies another rub)
: takes the power originally allocated to the Jewish king to maintain
: civil society.

RMB responded:

Isn't that the same as (b)? Or is there a distinction I'm missing?

CM speculates:

The distinction could be quite simple (if my thoughts are true to the halacha). The cases under b) all prevent some form of murder. The cases under c) may be much broader in that they will include cases to maintain civil order when the king deems necessary even if loss of life is not expected, such as say a curfew on pain of death imposed to prevent mass looting etc., or other such examples. (I know you can qvetch in a risk to life  here if you push it beyond my meaning).

Kol Tuv

Chaim Manaster
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