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be handed over for execution. For whoever does so causes the loss of
many lives according to the law of the ruler in contravention of Torah
law. Anyone who brings about the death of others not in accordance
with Torah law is one of the types of slanderers and informers. As
they said to one of their distinguished colleagues,‘Until when are you
going to hand over our G-d’s people for execution?’ And although
he defended himself by saying, ‘I am purging the vineyard of thorns,’
they responded by saying, ‘Let the Owner of the vineyard come and
destroy the thorns.’” The Meiri’s comments imply that according to
Rabbi Yehoshua ben Korcha it was forbidden for Rabbi Elazar ben
Rabbi Shimon to hand robbers over to the ruler to be put to death,
unlike the Rashba, according to whom the objection to his doing so
was only on the grounds of this being inappropriate for a person of
his piety.

  In any event, the Meiri addresses his comments to Torah scholars
and men of piety, implying that the basic halachah in regard to other
people is that there is no prohibition in becoming known to the au-
thorities and in receiving authorization from them to catch robbers.
Perhaps the Meiri’s comments only refer to a person who is careful
not to cause the death of anyone who is not liable for the death pen-
alty. At any rate, pious individuals should take care that no mishap
occurs because of them2.

  It seems from all this that it is permitted to hand the thief over
to the authorities, when they are not going to actually put him to
death. The police should be notified that the robber has a heart con-
dition and that he should be treated accordingly so that he doesn’t
die during his interrogation, which should be carried out in a manner
suited to his state of health so that he doesn’t chas veshalom [Heaven
forbid] die.

  An additional reason to permit his being handed over to the au-
thorities is that it appears that thief in question – who died while
being interrogated by the police – also bore guilt for his own death

2.	 For further discussion of the Rashba’s remarks see further, at the end of siman
    282 [the third case].

Handling Unhealthy Criminals 2                                                       287
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