[Avodah] Poisoning in Halacha

Micha Berger via Avodah avodah at lists.aishdas.org
Sun Apr 16 14:38:50 PDT 2017


On Sun, Apr 02, 2017 at 10:16:10PM -0400, Yosef Gavriel Bechhofer via Avodah wrote:
: Tonight my chevrusa and I learned the sugya in Bava Kamma 47b of one who
: puts poison in front of his friend's animal. A brief synopsis and
: application of the sugya is at
: http://businesshalacha.com/en/newsletter/infected:
...

: It struck us that it follows that if one poisons another human being by,
: say, placing cyanide in his tea, which the victim then drinks and dies,
: the poisoner is exempt from capitol punishment. It would seem that such
: a manner of murder falls into the category of the Rambam's ruling in
: Hilchos Rotze'ach u'Shemiras Nefesh 3:10:

It might be similarly true, but I don't know if "it follows".

After all, gerama in Choshein Mishpat has a more limited definition
than in hilkhos Shabbos. So, it didn't have to be true that the same
definitions of gerama and garmi apply in dinei mamunus as in dinei
nefashos.

Lemaaseh, they are consistent. I would ask the Y-mi-style question:
How is retzichah more similar to mamon than it is to Shabbos?

:-)||ii!
-Micha

-- 
Micha Berger             Today is the 5th day
micha at aishdas.org        in/toward the omer.
http://www.aishdas.org   Hod sheb'Chesed: What kinds of Chesed take
Fax: (270) 514-1507                       away my independence?



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