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impose the death penalty – seems highly novel. Moreover, in the case
that came before the Yaavetz, the murderer appears to have repented,
as is evident from the fact that he came to consult the rabbi about
whether or not he was allowed to swear falsely and the murder he had
committed was [though intentional,] a chance occurrence and was
not premeditated – that is why the Yaavetz was considering whether
or not there was a mitzvah to save him, even though doing so would
involve him committing a sin [of swearing falsely]. The matter still
requires further clarification.
ɳ Summary and conclusion
It can be assumed that he repented at the last minute and he should
be saved, though further clarification is necessary.
274 1 Medical-Halachic Responsa of Rav Zilberstein
