Sholom Rav.

You can ask the same question with regard to a Rodef who is chasing to kill. It seems to me that the answer to both questions is that it depends on the circumstances. What is obvious is that one may only kill the Rodef if one is certain that his intention is to kill or to sin.

Also take into account that before killing the Rodef one is obligated to warn him (See Tif'eres Yisrael) in which case his reaction will help determine what his intentions are.

Wishing you and yours a Kesivah ve'Chasimah Tovah for the forthcoming year.

Yours sincerely

Eliezer Chrysler

Follow-up reply:

1) The Gemara above, near the bottom of 72a, cites the verse "if the sun shined upon him" and learns "if it is as clear to you as the sun that the assaulter is not at peace with you, then you should kill him, but if not do not kill him". Rashi writes (2 lines from the bottom of 72a) "if you are in doubt, do not kill him".

2) The above refers even to a scenario where one's own life is in possible danger, and even so one is not allowed to kill the potential assualter if one is in doubt whether or not his intention is to murder.

[ Igros Moshe Choshen Mishpat 2:69, top of page 297, writes that for it to be permitted to kill a Rodef öøéê ùéäéä ëòéï åãàé ùäåà øåãó; it must be like certain that he is a Rodef].

Since, even when someone's life is in danger, one requires that it is almost certain that he intends to kill, then certainly when the Rodef seems to be intending to commit a sin, but no actual life is in danger, it must be almost certain that he really is intending to do so, but otherwise one may not kill the Rodef.

3) Clearly, a lot depends on the judgement of the savior in order to decide whether the Rodef certainly intends to commit a sin.

Kesivah veChasimah Tovah

Dovid Bloom

Further reply:

The above sources relate to the Rodef threatening to murder, whilst here are sources relating to the Rodef threatening to commit a sin.

1) The Gemara Pesachim 49b states in the name of Rabbi Eliezer that one may stab an Am HaAretz on Yom Kipur which falls on Shabbos. The Rif writes that this refers to a scenario where he was chasing after the Zachor or the Na'arah Hameurasah on Yom Kipur; so one may save the victim at the expense of the life of the Rodef, as the Mishnah Sanhedrin 73a tells us which victims may be saved with the life of the Rodef.

2) The Rosh and the Ran in Pesachim ask on the Rif; that it makes no difference if a Rodef is a Talmid Chacham or an Am HaAretz; it is always a Mitzvah to kill a Rodef?!

3) From the words of the Meiri there in Pesachim, we can answer this question on the Rif. He writes that indeed if the Rodef is a Chacham we kill him, but àéï ñô÷ òìéå áãáøéí àìå çñ åùìåí. This means that if we see an Am HaAretz chasing to commit a sin, we have no doubt what his intentions are. He certainly intends to commit the sin, so he is killed. However if the Rodef is a Chacham we are not sure what his intentions are so he may not be killed.

4) The Sfas Emes on Pesachim also answers the question of the Rosh and the Ran on the Rif. He writes that possibly we can say that generally speaking one is not allowed to kill a Rodef immediately. There is a concept òáéã àéðù ãâæéí åìà òáéã. This idea is mentioned in Gemara Shevuos bottom 46a in a somewhat different context, but the point is that often people make threats but do not always carry out the threats. Sfas Emes writes that one may only kill the Rodef when he starts to commit the actual sin, but as long as there is still time to wait, we must wait. However this logic does not apply if the transgrseser is an Am HaAretz because he will certainly do what he threatens to do. He is ruled by his heart, and will not listen to reason.

5) So according to the Meiri and the Sfas Emes it also depends on how learned the Rodef is. If he has learnt, we wait before deciding he is a Rodef because he may have regret and not commit the sin.

Dovid Bloom