Page 266 - EFI-RAV ZILBERSTIN_VOL 8.EFI-RAV ZILBERSTIN_VOL 8.1A
P. 266

Pg: 266 - 9-Back 21-10-31

            The Rambam’s comments – that those who have thrown off the
         constraints of not stealing, for whom crime is a way of life, should
         not be helped out of a pit since their deeds bring ruination upon
         the world – are now well understood. If they knew that they would
         not be saved they would repent and thoroughly reassess their deeds,
         which would greatly improve the world.

            In maseches Bava Metzia (83b) we find that Rabbi Elazar bar Rabbi
         Shimon would catch Jewish robbers and hand them over to the king
         who would kill them despite the fact that according to Torah law a
         robber is not put to death. [Although Eliyahu Hanavi berated Rabbi
         Elazar for this it is clear that Rabbi Elazar did not sin in doing so,
         just that owing to his piety he should have avoided it]. The Rashba
         (cited in the Beis Yosef, Choshen Mishpat, 388) explains Rabbi Ela-
         zar’s practice as follows: “With such measures a king maintains law
         and order in his country… for if you operate everything according to
         Torah law, according to laws of the Sanhedrin, the world would be
         desolate because liars and their fraternity would multiply etc.” These
         comments show us that robbers and those who have thrown off the
         constraint of not stealing destroy the world.

            Such a woman, who behaves with abandon in regard to stealing
         and who is also promiscuous is sometimes also suspect of taking
         life and she is considered a rodef (a pursuer) as explained in Tosfos
         (Pesachim 49b and Kiddushin 32b s.v. zaken ashmai) and there is no
         obligation to save her life.

            Such a woman, who behaves with abandon in regard to stealing
         and who is also promiscuous, is sometimes also suspect in regard to
         taking life, and she is considered a rodef (a pursuer) as explained in
         Tosfos (Pesachim 49b and Kiddushin 32b s.v. zaken ashmai) and there
         is no obligation to save her life.

            Moreover, it is sometimes forbidden to heal her, if for example she
         suffers from pains and is then unable to engage in sin, whereas if she
         was cured she would sin and lead others to sin – by healing her we

                other passengers and what we write there based on the comments of Ha’elef
                L’cha Shlomo.

250  1  Medical-Halachic Responsa of Rav Zilberstein
   261   262   263   264   265   266   267   268   269   270   271