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the passuk is addressed to Noach and his descendants] and there is
no difference between killing a healthy fetus or a sick one. The Ram-
bam writes too (Hilchos Melachim 9:4), “A Noahide who kills, even
a fetus in its mother’s womb, is put to death for this, and this also
applies if he kills a terefah [whose dire injuries or condition preclude
him surviving for 12 months].” Even though a Jew who kills a fetus or
a terefah is not punishable by a human court the Torah is more strin-
gent with gentiles, so that murderers should not proliferate, for the
benefit of society, as is explained in the responsa of Sho’el Umeishiv
(5th edition, 1, 10, s.v. v’hinei). The Ohr Same’ach (on Hilchos Rotzei’ach
Ushemiras Nefesh 2:9) writes that we can learn the Torah’s stringency
with non-Jews in regard to murder from David Hamelech who killed
the Amalekite ger who killed Shaul Hamelech (as a mercy killing) as
related in Shmuel II 1:915), although at that time Shaul was already
mortally wounded from having fallen upon his spear and was already
dying as a result of his self-inflicted wound. Evidently then, the Torah
treats non-Jews more stringently than Jews in regard to murder.

Non-Jews are treated more stringently in that,“If they tied a person
up and put him in front of a lion, or left him to starve to death, since
they have anyway put him to death, they are killed,” as explained by
the Ram bam (ibid.). [In light of this ruling, our teachers had difficul-
ty in understanding how Reuben could have recommended casting
Youssef into the pit even though there were snakes in it, when a Noah
ide is put to death even for killing indirectly. (See Ner Lameor 24, and
Chiddushei Rabbenu Yitzchak Ze’ev Halevi, Bereishis 23).]

According to this, the halachah will be that a non-Jew who discon-
nects a gosses from a life support machine is judged more stringently
than a Jew who does the same thing, for a Jew who disconnects the
machine may be considered to have killed indirectly. Furthermore, a
Jew who kills a gosses is only liable in the Heavenly Court, not in beis
din, whereas a non-Jew will be put to death by beis din for having
killed either indirectly or a gosses, and even when both coincide i.e.
killing a gosses indirectly. Similarly, a Jew who performs an abortion is
liable for the death penalty in a Heavenly Court, whereas a non-Jew
incurs the death penalty in beis din.

460 1 Medical-Halachic Responsa of Rav Zilberstein