Hello kollel!
I was confused by something in the Rambam. In hil rotzeach he says that some who kills a treifah isn't punished by beis din (2:8) but someone who kills a goses is executed (2:7). I would have thought the goses is like a "super treifah" bc he's only going to live 3 days. What is the severa here and in the shulchan aruch that says a goses is to be treated like a living person in all respects.
Does a treifah "upgrade" to goses lechumra as he approaches death???
Josh
Hi Josh,
Thank you for this great question.
As you can see in the Gemara, that is exactly the topic of the Sugya. The argument of Tana Kama and Rebi Yehuda Ben B'saira, is only by a Goses Bidei Adam, since this person is for sure going to die but the question if to consider all the people who beat him up as Rotzchim, or just the last one.
The difference between A Treifa, and a Goses Bidei Adam, is usually explained that a Treifa is 100% going to die, while by a Goses it is only a Rov, a majority, which means that this person cannot be considered as a dead man.
Kol Tuv,
Aharon Steiner