Dear Rabbi Kornfeld,
You wrote in the Insights to daf 25b:
From the words of Tosfos it is evident that a person does not transgress"Lo Tirtzach" by killing, since Lo Tirtzach does not distinguish between action and inaction. Apparently Piku'ach Nefesh exempts one from "Lo Tirtzach." The only reason one must give up his life is because of the logic of "Mai Chazis" but not in order to avoid transgressing "Lo Tirtzach" -- (emphasis added)
I am sorry, but I don't understand. I thought the Tosafot took the view that Lo Tirtzach is violated only in case of action. If one is passive and kills another, the person is not in violation of Lo Tirtzach. That I think is to be inferred from the Tosafot in Yoma 82b (second and third line from the top).
Thank you for taking the time to respond. And thank you for your wonderful insights that so enriches our study of the daf.
L'shana Tova.
Steven Friedell
My understanding of the Tosfos in Yoma (and in Yevamos 54a DH Ein Ones), is that Lo Tirtzach does apply to killing passively, but the comparison between a killer and a Bo'el Na'arah Me'urasah does not apply to a passive act (since the Torah specifies an active killing, when comparing the two).
Best wishes,
-Mordecai