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murderer; his life should not be saved even on a weekday, for he is
among those who should be “put into a pit [and left to die] and [if
already there] not helped out of a pit.”4

The Pri Megadim writes (Orach Chaim 329, in Eishel Avraham
4) that Shabbos is desecrated to save the life of a person who has
incurred the death penalty by the sanhedrin, for since it is forbidden
to put him to death on Shabbos we save him for the brief time he still
0 has to live (chayei sha’ah). The Biur Halachah (329, s.v. ela) disagrees
with this and maintains that the Torah only has compassion on the
chayei sha’ah of a person whose life we would [ordinarily] save but not
on the chayei sha’ah of a person whose life we do not save on account
of his wickedness.

I heard from my father-in-law, Rav Y.S. Elyashiv zt”l, that the Pri
Megadim’s view can be reconciled [with the Biur Halachah] by saying
that he was referring to a sinner whom we know has repented, or that
we can assume has repented, who is no longer considered an evildoer
by Heaven. Although his repentance cannot annul the punishment
that awaits him in the earthly court – as is clear in maseches Makkos
(13b), that beis din must nevertheless put him to death – the Torah
nonetheless has compassion on his chayei sha’ah since he has repented
and is again considered a [regular] Jew.

According to this it appears that a habitual murderer who is un-
repentant, may not be saved on Shabbos for as the Biur Halachah
writes, the Torah has no compassion on his life. However, if it is obvi-
ous that he regrets his evil deeds he must be saved even on Shabbos.
Perhaps it can be assumed that at the last moment [i.e. when his life
is in danger] a murderer repents.

The She’ilas Yaavetz (ibid.) writes however that even if a mur-
derer repents, it is forbidden to save his life, for since he is guilty of
spilling blood, even after repenting, he does not receive atonement
or forgiveness until his own blood is shed. His assertion that even
repentance is ineffective – even nowadays when beis din does not

4. See earlier, siman 272, for the Chazon Ish’s ruling regarding the halachah of
“putting into a pit” nowadays.

Shabbos Desecration to Save a Sinner’s Life 2 273