[Avodah] For trolley enthusiasts

Micha Berger micha at aishdas.org
Mon Mar 15 14:33:14 PDT 2021


On Wed, Feb 17, 2021 at 06:39:57AM +0000, Rich, Joel via Avodah wrote:
> For trolley enthusiasts: Reuvain (falls, jumps off from) the sixth floor
> balcony. As he passes by the fourth floor a bullet from Shimon's fourth
> floor apartment is released (maybe accidentally, or just to let off steam,
> or to kill Levi across the street) piercing Reuvain's brain and destroying
> it. As Reuvain's body passes the third floor and awning (which he and
> Shimon were aware of or unaware of) (was open, or is opened/before Reuvain
> reaches it) and breaks his fall. In each case what is the (secular,
> halachic) cause of death? What liability is cast on each participant?

One is not chayav for killing a tereifah or speeding up the death of a
goseis. But it's still retzichah.

So, just to get the post more attention, here is my guess:

Shimon is oveir retzichah either way. The only question is punishability.
Since lemafreia we know that Re'uvein wasn't omeid lamus, one would
have said that Shimon's violation is punishable. Except that you set
up a situation in which Shimon couldn't have been acting bemeizid and
with hasra'ah.

Tir'u baTov!
-Micha

-- 
Micha Berger                 I slept and dreamt that life was joy.
http://www.aishdas.org/asp   I awoke and found that life was duty.
Author: Widen Your Tent      I worked and, behold -- duty is joy.
- https://amzn.to/2JRxnDF                      - Rabindranath Tagore



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