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him, even if he is not liable for the death penalty. As to Resh Lakish’s
view, he explains there that the men of Yehudah relied on Shimshon’s
strength to save him. The Yaavetz (above) writes similarly – after
citing the incident involving Shimshon as proof that it is permitted
to hand over an individual who is endangering the public to the au-
thorities – that the proof can be somewhat refuted since the men of
Yehudah may have been relying on Shimshon’s strength to protect
him from harm at the hands of the Philistines even after they handed
him over. [He adds though, that it is widely accepted halachah that a
person who endangers the public can be handed over.]

See also the Radak (Shmuel II 20:22) who writes:“Our Sages teach,
‘If they tell a group of Jews,“Give us one of you and we will kill him,
otherwise we will kill all of you,” they should all be killed rather than
hand over a single Jewish soul. But if they specified one of them, as
they specified Sheva ben Bichri, they should hand him over and not
all be killed. Rabbi Yehudah said,‘When does this apply? When he is
inside the group and they are outside, as the men of Yehudah did with
Shimshon’ – meaning that Shimshon could have escaped because he
was inside the crevice in the stone, therefore they only handed him
over with his consent but when both they and he are inside, since he
will be killed along with them, they should give him up and not all be
killed.” From these comments it seems that it was actually forbidden
for the men of Yehudah to hand Shimshon over and that they did so
with his consent.

ɳ Summary and conclusions

1. It is possible that the physician is allowed to hand over
the murderer to the authorities even if they will kill him
but this requires further study, for this may only apply to a
habitual murderer but not to a one time offense committed
in anger. Therefore in practice, the physician may not hand
him over to be killed, unless he is directed to do so by a
ruling of the Torah authorities of the generation.

2. If the authorities will not kill him but will cut off the mur-

310 1 Medical-Halachic Responsa of Rav Zilberstein