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THE DAFYOMI DISCUSSION LIST
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Sanhedrin 072: Under what conditions is killing a thief justified?
David Isaac Caplan <[EMAIL PROTECTED]> asked:
Why does the Rambam in Hilchos G'nayvos say that there is a "license" to
kill the thief breaking in, but the Gemorah, Sanhedrin 72a, indicates that
it is a religious duty to kill -- As it is written in the Gemorah ad loc.:
"The Torah declares: 'Im boh l'hargoch, hashkaym l'horgoh.'"
David Isaac Caplan, Delray Beach, FL 33484 USA
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The Kollel replies:
Sefer Ner Mitzvah to Sefer ha'Mitzvos of Rambam (Lo Sa'aseh #293) explains
that since the thief is not a classic Rodef (because his main intention is
to steal money), it is only a Reshus to kill him. (The Gemara's statement
of "Hashkem v'Horgo" refers to a person whose main intent is to kill.)
D. Zupnik
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