By Rabbi Berach Steinfeld
The Supreme Court came out with a few rulings regarding guns and Roe V. Wade. We will discuss items similar to these rulings. In Shmos 22:1 it says that if a robber is caught burrowing in to your house and you kill the robber you are exempt. It teaches us that self defense is allowed as we have the concept that if one comes to kill you, one should kill the killer first to defend oneself. There was a person who used to get drunk all the time and while he was drunk, he would hit other people to the brink of death. People would run away from him in fear. The question was asked if at the time he starts to drink is he considered a “Rodef” that would allow people to protect themselves even at the extent of breaking the Rodef’s limb? If one can’t save himself with a limb, would he be allowed to kill the person to save himself? Or since at this time he is not yet a Rodef one would not be allowed to treat him as a Rodef? If one is a safek Rodef, Reb Chaim Ozer in Shailos Utshuvos Achiezer vol 3, 72:3 says one would not be allowed to kill a safek Rodef. The Igros Moshe Choshen Mishpat vol 2,69:2 says that only a safek that is close to a vadai one would be allowed to kill. Reb Shlomo Zalman Auerbach in Nishmas Avraham Choshen Mishpat 225 says that even a safek Rodef one could kill as the passuk is referring to a safek Rodef.
Reb Chaim Ozer in Shailos utshuvos Achiezer vol 3, 72:3 was asked about a lady who was sick and pregnant and was told if she goes full term she would die. Could they end the pregnancy to save her life? The fetus is not considered a Rodef at this time only at a later time. If the mother’s life is in danger at this time there is no question that she would be allowed to end the pregnancy as the fetus is considered a Rodef. Reb Chaim Ozer responded that since the fetus will be a Rodef therefore one would be allowed to end the pregnancy. Reb Chaim Ozer says that killing a fetus is still more lenient than killing a human as a fetus does not have a Nefesh. From this Reb Chaim Ozer it would seem that a future Rodef is considered a Rodef and one would be allowed to take action in self-defense. One could argue that the fetus is becoming a Rodef from day one and it would be comparable to a man with a knife who is a few blocks away and on his way to you one would of course be allowed to shoot the guy even though he is far away. But in the case of the drunk where until he is not fully drunk, he is not a Rodef.
The Gemara in Avoda Zora 10b describes how Antuninus the king of Rome would come to Rabbeinu Yehuda Hanasi in an underground tunnel to learn Torah. One entrance to the tunnel was in the king’s palace and the other entrance was to Rabbeinu Hakadosh’s house. Every day the king would take two guards and post them at both entrances. The king was worried that the ministers in his palace should not find out of this secret tunnel he would kill these two guards. Everyday he would get two new guards and kill them at the end of the day. Tosfos asks how could Antuninus do that even a Ben Noach is not allowed to murder? Tosfos answers that he was worried that the ministers will find out and the ministers will kill him so therefore he said this is self-defense. The question is that at the time these guards were at the entrance they are not considered a Rodef, how was he able to kill them. We see from this Gemara that one could consider a future Rodef a Rodef now. The zSefer Chassidim 1017 says that if Jews were traveling and they encountered robbers and killed them in self-defense and there are goyim there who promise they will not tell anybody. We do not trust them and we are allowed to kill them as we know the passuk in Tehillim 144:8 that their mouths speak lies etc. This is all despite the fact that these goyim are not Rodfim at the moment.
We will continue with this article next week.
May we all be zocheh to live and let live!