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Zarah (26b): “Idolators…should be neither helped out of
a pit [into which they fell or were placed i.e. but should be
left there to die] nor lowered into one” and the Shulchan
Aruch (Yoreh De’ah 158:1) rules this as halachah. Therapy
for these murderers may be considered as “helping them
out of a pit.”
2. It may be forbidden to help them because the Torah says,
“Do not favor them,” (Devarim 7:2) meaning do not give
them any free gift, as explained in maseches Avodah Zarah
(20a) and in the Shulchan Aruch. (Yoreh De’ah 151:11) It is
clear from the Ba’er Heteiv (Yore De’ah ibid. 14) that even
Yishmaelites are included in this prohibition. See also ma-
seches Bava Basra (4a), where the gemara says that it is for-
bidden to give beneficial advice to a non-Jew. The Rambam
rules this way (Hilchos Rotze’ach 12:15) – that it is forbidden
to give good advice to a non-Jew, even to an evil slave and
all the more so to a murderous terrorist. Psychotherapy
certainly falls into the category of “beneficial advice.”
3. Maybe we should be concerned that if encouraged to stay
alive, they will be freed and will again kill Jews, Rachmana
litzlan.
Now, in regard to the first point, that “they should not be helped out
of a pit…” it is possible that counseling sessions and other types of
psychotherapy do not constitute “helping them out of a pit,” because
the murderer’s life is no longer in danger [after his suicide attempt
was foiled], rather we are trying to convince him not endanger his life
[in the future]. In the meantime though, he is not in mortal danger
because he hasn’t yet committed suicide, whereas it is only forbidden
to take him out of a pit when he is presently in danger. Further de-
liberation is needed though, because drawing him out of a depression
might also be considered as “helping him out of a pit” [since depres-
sion can be considered a life threatening condition which he is already
in].
I heard from my father-in-law Rav Y.S. Elyashiv zt”l, that this
492 1 Medical-Halachic Responsa of Rav Zilberstein