Positive Commandment 247 (Digest)
Saving a Victim from an Attacker
"You shall cut off her hand; you shall not pity her"—Deuteronomy 25:12.
We are commanded to save a potential victim from the hands of one who is "chasing" him to kill him—even if this means killing the attacker. If it is possible to save the victim without killing the pursuer—through injuring the attacker, then that must be done. But if that is not possible, we are commanded to kill the pursuer rather than allow him to execute his dastardly intention.
The 247th mitzvah is that we are commanded to save a person from someone who is trying to kill him, even by killing the attacker. I.e., if there is no other way to save the victim except by killing the attacker, we are commanded to kill him.
The source of this commandment is G‑d's statement (exalted be He), "[...if she grabs his attacker by his private parts,] you must cut off her hand [if necessary, to save her victim]; do not have any pity."
In the words of the Sifri: "[The reason the Torah uses the example of] 'his private parts' is because [an attack to] his private parts could endanger his life. In this case 'you must cut off her hand.' So too in any case where his life is in danger, 'you must cut off her hand.' [The reason the Torah says] 'you must cut off her hand' is because you must save him [even] at the cost of her hand. What is the source of the law that if you are unable to save him by cutting off her hand, that you must save him by killing her? The phrase, 'do not have any pity.' "
We have therefore explained the idea of this commandment. The verse describes the woman as "the wife of one of the men" fighting because it speaks of the most common case. It conveys the principle that one must save the victim even at the cost of the attacker's limbs, and if it is impossible to save him any other way, you must kill him.
The details of this mitzvah are explained in the 8th chapter of tractate Sanhedrin.
Negative Commandment 293 (Digest)
Sparing an Attacker
"You shall cut off her hand; you shall not pity her"—Deuteronomy 25:12.
We are forbidden to have pity on one who is pursuing another to kill him. Instead we are commanded to try to stop the pursuer at all costs, and if the effort to stop him is unsuccessful, and the pursuer persists in acting upon his intentions, we must fight him. If possible, we try to prevent him from killing by amputating one of his limbs, blinding him [etc.], and if the only way to stop him is by killing him, then he must be killed.
The same rule applies to a man pursuing a woman (or man) to rape her (or him).
This only applies while the attacker is pursuing the victim. Once the crime has been perpetrated, the criminal may not be summarily executed, but must be brought to court and tried.
The 293rd prohibition is that we are forbidden from sparing the life of a rodef.
The explanation of this: we said in the previous mitzvah that witnesses may not kill someone who has performed a transgression until the High Court has sentenced him to death; but this applies only if he has already performed and completed the transgression that carries the death penalty. However, when he is still involved in trying to perform the act, he is termed a rodef, and we are then obligated to prevent him from doing the sin he has in mind. If he refuses and persists, we must attack him. If we can stop him by [merely] depriving him of use of a limb, such as cutting off his hand or foot, or blinding his eye, that is fine. But if the only way to restrain him is by killing him, he must be killed before he performs the act. In this case, there is a prohibition to have pity on the pursuer by refraining from killing him.
The source of this prohibition is G‑d's statement, "You must cut off her hand [if necessary, to save her victim] and not have any pity."
In the words of the Sifri: "The phrase 'You must cut off her hand [if necessary]' teaches that you must save him [even] by cutting off her hand. What is the source of the law that if you cannot save him only through cutting off her hand, then you must kill her in order to save him? From the phrase, 'and not have any pity.' " There [in the Sifri] it also says: "[The reason the Torah uses the example of] 'his private parts' is because [an attack to] his private parts could endanger his life. In this case 'you must cut off her hand.' So too in any case where his life is in danger, 'you must cut off her hand.' "
Our previous statement that the rodef must be killed does not apply to all cases where a person is attempting to do a transgression. It applies only when one is chasing after another trying to kill him, even should [the rodef] be a child; or trying to commit rape in a case the Torah terms gilui ervah, which obviously includes [to rape] another man. [That the law of rodef applies also to rape is derived from] G‑d's statement (exalted be He), "Even if the betrothed girl has screamed out, there would have been no one to come and save her." This implies that would there have been someone to save her, that he would do so with any means at his command. The Torah compares the law of an attempted rape of a betrothed girl and an attempted murder in the verse, "This is no different from the case where a man rises up against his neighbor and murders him."
The details of this mitzvah are explained in the 8th chapter of tractate Sanhedrin.
Negative Commandment 297 (Digest)
Saving a Person in Mortal Peril
"You shall not stand [idly] by the blood of your neighbor"—Leviticus 19:16.
It is forbidden to abstain from offering assistance when perceiving one's fellow in mortal danger, or his property in danger of destruction.
Examples: One who knows how to swim who sees his fellow drowning, must jump into the water to save him; if one becomes aware of a plot against another's life, it is his responsibility to attempt to thwart it; one who has evidence that could support his fellow's monetary claim in court, must come forward and testify.
The 297th prohibition is that we are forbidden from not saving a Jew's life in a case where we see that his life is in danger and we have the ability to save him. For example, when someone is drowning in the sea and we can swim well to be able to save him; or a non-Jew wants to kill him and we are able to change his mind or to protect him from harm. [In such cases] there is a prohibition to refrain from saving him.
The source of this prohibition is G‑d's statement (exalted be He), "Do not stand still when your neighbor's life is in danger."
Our Sages say that even someone who denies that he has testimony is included in this prohibition, since he sees his brother's money being lost and is able to return it to him by testifying the truth. Another verse also refers to this: "and if he does not testify, he must bear his guilt." In the words of the Sifra: "What is the source of the law that when you can testify for someone, that you are forbidden from remaining silent? From the verse, 'Do not stand still when your neighbor's life is in danger.' What is the source of the law that if you see him drowning in the river, being attacked by robbers or by a wild animal that you are obligated to save him? From the verse, 'Do not stand still when your neighbor's life is in danger.' What is the source for the law that when a rodef is trying to kill someone, that you are obligated to save him even with the life [of the rodef]? From the verse, 'Do not stand still when your neighbor's life is in danger.' "
The details of this mitzvah are explained in tractate Sanhedrin.
Positive Commandment 182 (Digest)
Designating Cities of Refuge
"Prepare for you the way, and divide the border of the land into three parts"—Deuteronomy 19:3.
We are commanded to designate six cities of refuge in the Land of Israel, and prepare unobstructed and direct routes leading to them. These cities provided refuge [against avenging relatives] for individuals guilty of manslaughter.
The 182nd mitzvah is that we are commanded to designate six cities of refuge, to be available for a person who killed someone accidentally. We must fix the road and keep it straight, and make sure that nothing will impede the fleeing person from running there.
The source of this commandment is G‑d's statement (exalted be He), "[You must separate three cities in the land which G‑d your L‑rd is giving you to occupy.] Establish yourself a road, and divide your land into three parts."
The details of this mitzvah are explained in tractates Sanhedrin, Makkos, Shekalim, and Sotah.
We have mentioned previously the statement of our Sages, "Cities of refuge are only in Israel."
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