[Avodah] pikuach nefesh

[Hankman]

RET wrote:

However, R Elyashiv disagrees. He says that since the pilot thinks he is
killing the enemy and doing a mitzva he can't be considered a rodef.

CM comments:

I think the classical case of the "innocent" rodef is that of the fetus that puts his mother's life at risk mishna in Ahalos 7,7 and the gemara (San. 72b) differentiates that it is mishamaya ka radfi lah. The principles at play are ain dochin nefesh mipnai nefesh (and when it becomes a nefesh) and rodef in the analysis of the difference where the fetus has, or has not, already pushed out its head. Does R. Elyashiv explain why a mistaken mitzva makes a difference - why is that any better than an innocent rodef?

There has been much ink spilled on this sugia so I won't try to put my two cents in. But I would point you to several (of many) lengthy and explanatory shuts and divrei torah on the subject from various recent and earlier achronim that came up from a simple search on Bar Ilan CD using the terms uber and rodef.

1) Shut Noda B'Yehuda Mhadura tnina Choshen Mishpat siman 59
2) R. Chaim Halevi on Rambam H. Rotzeach perek 1, halacha 9
3) Igros Moshe Y"D chelek b siman 60
4) Sridai Aish Sanhedrin siman 40 (see also his shut)
5) shut Yachel Yisrael siman 123
6) shut Shevet Halevi chelek 9 siman 266
7) shut Yabia Omer chelek 4 Even Ha'Ezer siman 1
8) shut Tsitz Eliezer numerous references
9) shut Chavos Yair siman 31

Kol Tuv

Chaim Manaster



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