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Torah shows concern for an unintentional killer whose ruling is not
given over to a human court. Nevertheless, it says in the Torah, and A hospital director returning to his position
the fact remains “Lest the avenger of blood run after the murderer after being arrested for killing someone in a traffic
because he is angry.” However, continued the woman, these relatives accident
are not angry about the murder; their intent is to kill the heir so that
they can inherit the inheritance, and I will remain without a son. 1 Question
#
The Or Sameach (Hilchos Mamrim 7:14) comments on the Radak’s
assertion that their intent was not to avenge the blood of the mur- The director of a hospital violated the traffic laws and killed someone.
dered boys but only to inherit them. This implies that if the avenger He was judged abroad in the secular courts and was sent to prison.
of blood kills his brother’s son, he inherits him if he has no other sons. After he was released, would he be allowed to return to his position?
This is proven by the fact that one brother received the inheritance What is the halachah if the public needs him and they want him to
of the other after the murder. Likewise according to Rav Yehudah return him to his previous position as director of the hospital?
(maseches Sanhedrin 48b), King Achav was a first cousin to Navos, the
son of his father’s brother. Although he knew that Achav killed him 1 AnsweR
falsely, he nevertheless inherited him legally. In other words, halachi-
cally, a murderer can inherit the person he killed. It says in maseches Makkos (13a) that if a Nasi of a beis din or a Rosh

The gentile judge ruled that a murderer does not inherit his vic- Beis Din kills a person unintentionally and is exiled to one of the Cit-
tims, quoting the words of Eliyahu Hanavi who said to Achav: “Have ies of Refuge, and he then returns home after the death of the High
you killed and also inherited?” On the contrary, we can conclude the Priest, he is restored to his previous position. These are the words
exact opposite from the story of Achav and Navos - that the murderer of Rav Meir. Rabbi Yehudah says he is not restored to his position,
inherits his victim. The prophet said “you inherited,” in the past tense. and the Rambam (Hilchos Rotzeach 7:14) rules like Rabbi Yehudah.
However, you will not inherit the way you thought you would, but The Ritva writes (there) that perhaps Rabbi Yehudah’s opinion is in
rather, “In the place where the dogs will lick the blood of Navos, the regard to murder, which is a serious and repulsive thing (see Mishnah
dogs will also lick your blood.” Therefore, you will not inherit the Berurah, end of #153).
inheritance as you thought and the vineyard of Navos the Yizraeli will Perhaps if the director was traveling to the hospital or for other
not come into your hands. needs for pikuach nefesh and killed a person while driving, then he
[However, Responsa Devar Yehoshua rejects the proofs of the Or can be restored to his position even though he drove negligently and
Sameach. How do we know that Achav inherited al pi din? Had was sent to prison. Perhaps, despite the fact that he drove carelessly
beis din determined, by the testimony of witnesses, that Navos was and was imprisoned, his act is less severe since he was traveling for
killed by Achav’s command, they would have taken the inheritance pikuach nefesh.
away from him. Only because the world did not know and thought Likewise, if a physician was negligent while treating a patient and
that Navos was deserving of death did Achav inherit his assets. The was sentenced to prison for killing him, without the cause being a
prophet’s words “Have you killed and also inherited” can be explained chain of errors, but simply that he did not make enough of an effort,
in two ways: 1. In practice, all of Navos’s assets came to his possession, perhaps he would be allowed to return to his medical practice.
as though he were an heir. 2. The reason why a murderer does not In maseches Bechoros (46a) it is related that a teacher of young

180 1 Medical-HalacHic Responsa of Rav ZilbeRstein Died during a dental procedure 2 161

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