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removing“thorns” which have no trace of good and that are only good
for burning. The author of Maayanei Chochmah writes similarly that
Rabbi Yehoshua ben Korcha complained to Rabbi Elazar bar Rabbi
Shimon, ‘Until when are you going to hand our G-d’s people over to
be killed?,’ because the Jewish robbers had worthy roots and worthy
offspring was liable to issue from them and it was right to allow them
to live longer so that they would be able to produce righteous chil-
dren, as it is written, “‘Who can bring forth purity from impurity?’
(Iyov 14:4) – like [the righteous king] Chizkiyahu from [his father,
the wicked king] Achaz.” However, Rabbi Elazar bar Rabbi Shimon
was certain that no worthy offspring would come from the robbers
whom he was handing over to the authorities.

We thus see that the holy Tannaim relied on two things in handing
robbers over for execution: Firstly, they saw with Divine inspiration
that no worthy offspring would issue from them, as explained by
Ben Yehoyada and Maayanei Chochmah. On its own though, this is
insufficient reason to kill sinners; anyone who kills a robber on the
basis of Divinely inspired knowledge that no worthy offspring will
come from him, incurs the death penalty. They relied however, on
the Rashba’s rationale that “A king maintains [law and order in] his
country through judgment” and thus according to Torah law too, it is
permitted to hand them over to the authorities12.

To summarize our discussion of the third point:
1. A murderer who has been caught by the authorities, who
intend to execute – according to the Yaavetz, it is forbidden
to intercede and save him [even if he has repented – a rul-
ing which in my humble opinion requires further study].
The Chavos Yair remains undecided, yet according to all
opinions, it is forbidden to hide him.

12. See our further lengthy discussion of this topic, earlier, siman 54, ‘Response to
Question One,’ in regard to ‘Altering Details on a Medical Report in Order to
Prevent a Criminal’s Extradition’ and in siman 276,‘Response to Question One,’
in regard to ‘Handing over a Criminal who is a Heart Patient to the Police.’

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