[Avodah] neutralized terrorist

[Eli Turkel via Avodah]

There was an article by R Reem Hachohen (RY Othniel) on whether one has to
try and first main a terrorist (matzil be-echad me-evorov).

In the end of the article he mentions the question of a neutralized
terrorist. He also assume sthat mainly the laws of war apply. However he
the notes that the Netziv (Haamek Sheelah) followed by R Ariel pasken that
a war is conducted by a government and not individuals and as such the
halacha would follow the government directives

--------------------------
For the original question of matzil be-echad me-evorov he brings 3
considerations
1) Rodef - Mishne leMelech holds that matzil be-echad me-evorov applies
only to a 3rd party but not to the person being pursued. For the persued
the halacha is "Ha-ba le-horgecha hashkem le-horgo"

2) Ba Be-machteret different from rodef in that killing the rodef is a
mitzva while ba Be-macheteret is "reshut", also Shvut Yaakov claims that
there is no halacha of matzil be-echad me-evorov even for a third party.
However Chavot Yair disagrees.

3) Dinei Milchama - Knesset ha-gedola states that during war all of the
enemy has a din of rodef however the halacha
of matzil be-echad me-evorov doesnt apply since eveyone is considered
directly affected and not a third party

As stated before within dinei michama government rules are binding

-- 
Eli Turkel
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