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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