Re the tunnelling burglar, you are allowed to kill him and be exempt as he is "bloodless" once he starts tunnelling (since he is willing to kill you if you defend your possessions). This is a person who MAY kill you.
Re the pursuer, if you can maim him but choose to kill him, you are liable. This is a person who is DEFINITELY,actively trying to kill you.
Why are you exempt from killing the tunnelling burglar who may or may not kill you but liable re the pursuer (if you can stop him by maiming?
The only answer that comes to mind is that you must also maim the tunnelling burglar. But that would imply that you would be liable if you killed him, and nowhere in the explanations by Rashi or the Rambam do they mention this scenario.
Barry Epstein, Dallas, USA
It is likely that even the homeowner must try to maim if possible.
However, there are those who point out that there is a difference between self-defense and saving someone else. There are many leniencies that relate to self defense and this may be one of them.
D. Zupnik
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