The Status Of A Fetus In Halacha (Part XI)

The Rambam associates the fetus with a rodef when explaining why one is allowed to sacrifice a fetus to save the life of its mother. Exploring the sugya of “rodef” and the reasons behind killing a rodef is crucial for understanding this concept.

Previously, three main approaches for justifying the killing of a rodef were suggested, along with important nafka minos. Further exploration of these nafka minos is essential:

8. Kim Leh B’Dirabah Minei

The Gemara (Sanhedrin 74a) states that if a rodef damages property while attempting to kill the nirdaf, he is not obligated to pay for the damage because “mischayiv b’nafsho hu – he is liable to be killed.” This raises questions about the application of Kim Leh B’Dirabah Minei in this context:

1. How and why does Kim Leh B’Dirabah Minei work?

2. Should Kim Leh B’Dirabah Minei apply in the case of a rodef?

Exploring the various ways of understanding Kim Leh B’Dirabah Minei sheds light on its application in the case of a rodef.

The Different Ways to Understand Kim Leh B’Dirabah Minei

1. Beis din can be michayiv one onesh

On a fundamental level, Kim Leh B’Dirabah Minei is a technical din of beis din, allowing only one punishment to be imposed.

2. Beis din can define the action only in one way

Beis din may have to define the act in a single way, choosing the more severe punishment under Kim Leh B’Dirabah Minei.

3. The more severe onesh knocks out the more kal onesh

The more severe punishment may override the lesser punishment through bittul.

4. The more chamur (severe) onesh is mikayim (includes) both onshim

The more severe punishment may encompass the lesser punishment conceptually.

Applying this the Din of Rodef

Applying Kim Leh B’Dirabah Minei to a rodef damaging property while attempting to kill raises questions about the rodef‘s liability and the implications of Kim Leh B’Dirabah Minei in this scenario.

9. Why Doesn’t the Din of Rodef Need to be Performed in Beis Din?

Exploring the rule that all cases of life and death should be performed in front of a beis din raises questions about how the rodef‘s punishment is carried out.

Is There a Difference Between the Nirdaf and a Third-Party Bystander?

Distinguishing between the responses of the nirdaf and a bystander to a rodef situation reveals potential leniencies for the nirdaf in taking action to protect their own life.

Further analysis of the rodef concept and its practical implications will be continued in the next article.