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leniently’ [i.e. rule like Tosfos and save the woman] because she has
killed someone. Proof to this is from the passuk,“And the avenger of
blood finds him [the murderer] outside the border of the city of ref-
uge and the avenger of the blood kills the murderer – he is not guilty
of murder” (Bamidbar 35:27). If the avenger is not guilty for killing
the murderer even though the murder was unintentional, all the more
so when a person kills intentionally, there is no guilt over [the loss of ]
his life, to enforce us to apply the principle that doubt in judging a
capital case should be treated leniently. It therefore it appears that her
life should certainly not be saved.”

The Chochmas Shlomo’s comments are highly novel. Were it not
for what he writes it could be argued that while a murderer should
not be saved from the authorities who intend to punish him for the
murder, a murderer who is sick should be healed. See also our com-
ments elsewhere3 that the Yaavetz too takes this view though he adds
that even if the murderer repented he should not be saved, which we
note is a highly novel conclusion.

ɳ Summary and Conclusion

If there is any indication that the murderer has repented his pace-
maker should be replaced.

3. Earlier, in siman 274. 281

Treating Criminals 2