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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
the fact remains “Lest the avenger of blood run after the murderer
because he is angry.” However, continued the woman, these relatives
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.
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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-
dered boys but only to inherit them. This implies that if the avenger
of blood kills his brother’s son, he inherits him if he has no other sons.
This is proven by the fact that one brother received the inheritance
of the other after the murder. Likewise according to Rav Yehudah
(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
falsely, he nevertheless inherited him legally. In other words, halachi-
cally, a murderer can inherit the person he killed.
The gentile judge ruled that a murderer does not inherit his vic-
tims, quoting the words of Eliyahu Hanavi who said to Achav: “Have
you killed and also inherited?” On the contrary, we can conclude the
exact opposite from the story of Achav and Navos - that the murderer
inherits his victim. The prophet said “you inherited,” in the past tense.
However, you will not inherit the way you thought you would, but
rather, “In the place where the dogs will lick the blood of Navos, the
dogs will also lick your blood.” Therefore, you will not inherit the
inheritance as you thought and the vineyard of Navos the Yizraeli will
not come into your hands.
[However, Responsa Devar Yehoshua rejects the proofs of the Or
Sameach. How do we know that Achav inherited al pi din? Had
beis din determined, by the testimony of witnesses, that Navos was
killed by Achav’s command, they would have taken the inheritance
away from him. Only because the world did not know and thought
that Navos was deserving of death did Achav inherit his assets. The
prophet’s words “Have you killed and also inherited” can be explained
in two ways: 1. In practice, all of Navos’s assets came to his possession,
as though he were an heir. 2. The reason why a murderer does not
180 1 Medical-HalacHic Responsa of Rav ZilbeRstein
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A hospital director returning to his position
after being arrested for killing someone in a traffic
accident
1 Question
The director of a hospital violated the traffic laws and killed someone.
He was judged abroad in the secular courts and was sent to prison.
After he was released, would he be allowed to return to his position?
What is the halachah if the public needs him and they want him to
return him to his previous position as director of the hospital?
1 AnsweR
It says in maseches Makkos (13a) that if a Nasi of a beis din or a Rosh
Beis Din kills a person unintentionally and is exiled to one of the Cit-
ies of Refuge, and he then returns home after the death of the High
Priest, he is restored to his previous position. These are the words
of Rav Meir. Rabbi Yehudah says he is not restored to his position,
and the Rambam (Hilchos Rotzeach 7:14) rules like Rabbi Yehudah.
The Ritva writes (there) that perhaps Rabbi Yehudah’s opinion is in
regard to murder, which is a serious and repulsive thing (see Mishnah
Berurah, end of #153).
Perhaps if the director was traveling to the hospital or for other
needs for pikuach nefesh and killed a person while driving, then he
can be restored to his position even though he drove negligently and
was sent to prison. Perhaps, despite the fact that he drove carelessly
and was imprisoned, his act is less severe since he was traveling for
pikuach nefesh.
Likewise, if a physician was negligent while treating a patient and
was sentenced to prison for killing him, without the cause being a
chain of errors, but simply that he did not make enough of an effort,
perhaps he would be allowed to return to his medical practice.
In maseches Bechoros (46a) it is related that a teacher of young
Died during a dental procedure 2 161
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