REVACH L'DAF
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SUMMARY
1. The Torah dictates that a Ben Sorer u'Moreh shall be put to death because of his future deeds.
2. The death of Resha'im is good for them and good for the world, while the death of Tzadikim is bad for them and bad for the world.
3. If a thief attempts to break into a house through a tunnel the owner of the house may kill him.
4. If a thief breaks into a house through a tunnel and shatters a jug in the process he is Patur from paying for it.
5. Rav says, if a burglar took a jug in the process of burglarizing, he is Patur from returning the jug - even though the jug is unscathed.
6. One who steals a purse on Shabbos and subsequently takes into the Reshus ha'Rabim is Chayav to pay for it.
7. A father who burglarizes his son's house may only be killed if we are certain that he will kill his son, should his son try to stop the burglary.
8. If a father is in the process of breaking into his son's house and a wall falls on him he must be saved even if this will incur a Chilul Shabbos.
9. A passerby may kill a thief who is breaking into a house in any way possible.
10. A thief who is breaking into a house may be killed whether he is breaking in through a tunnel or in any other way.
11. A Katan who is a Rodef may be killed because it is not necessary to give Hasra'ah to a Rodef.
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A BIT MORE
1. Rebbi Yosi ha'Glili says that the fact that a Ben Sorer u'Moreh ate some meat and drank some wine is not sufficient reason to put him to death. However, the Torah knows that eventually he will use up his father's money. When he can longer support his habits he will rob passersby's. Therefore, the Torah states that it is better for him to die innocent than to die guilty.
2. Wine and sleep is good for the Resha'im and good for the world because then they are not occupied with bad deeds. Death is bad for the Tzadikim and bad for the world because they are no longer studying Torah. When the Resha'im are scattered it is good for them and for the world, but when they are together it is bad for them and for the world. When the Tzadikim are scattered it is bad for them and for the world, but when they are together it is good for them and for the world.
3. The thief is regarded as a Rodef because he knows that the owner of the house will not stand by and watch his house being robbed. Rather the owner will kill the thief. The thief has therefore made up his mind that if the owner confronts him he will kill him. Therefore the Torah states that the owner should kill the thief because if someone attempts to commit murder he shall be killed first.
4. If the thief is anyone other than a father breaking into the house of a son, the owner is permitted to kill him. Therefore, the thief is Patur from paying for the jug because someone who is Chayav Misah is Patur from paying for damages.
5. He is Patur for the jug because, even though the jug is unscathed, it is considered as though the jug was removed from the possession of the owner and entered the possession of the thief. Returning the jug would thus constitute a *payment*, rather than simply an act of returning the jug to its place. However, we cannot collect payment from the thief, since his life was jeopardized by the burglary, and we apply the rule "Kim Lei bid'Raba Minei. (Rava tries to prove this point from a case in which a father burglarizes the house of his son and takes a jug, which subsequently shatters b'Ones. However, the Gemara concludes that the analogy is not accurate.)
6. Even though he is Chayav Misah for Chilul Shabbos, he is also Chayav for the purse, because both Chiyuvim did not occur simultaneously. Rather the Geneivah of the purse preceded the Chilul Shabbos. However, if he dragged the purse into the Reshus ha'Rabim and did not make Hagbahah on it before he reached the Reshus ha'Rabim, he is Patur from paying since the Chiyuv for Shabbos and the Chiyuv for the purse occurred at the same time.
7. On the other hand, if a son burglarizes his father's house it *is* permitted for the father to kill him, unless the father is positive that the son will not kill his father should the father try to stop the burglary.
8. Since he is not Chayav Misah his life takes precedence over the Mitzvah of Shabbos. However if anyone other than a father is in that situation Shabbos may not be violated to save his life because he is Chayav Misah.
9. Not only may the owner of the house kill the thief but anyone may kill him because he is a Rodef. A Rodef must be killed in any way possible.
10. It the thief is breaking in through a tunnel no Hasra'ah is necessary. It is obvious that he is coming with the intention of killing the owner if confronted. If he breaks in through the roof or the courtyard he may not be killed unless he is given Hasra'ah and he admits that he would kill the owner of he is confronted.
11. If the life of a mother who is in the process of giving birth is in danger the child may be killed in order to save the mother However if the child's head is already out it is forbidden to kill him because the child is not considered a Rodef. It is Heaven which is Rodef her, not the child.
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