More Discussions for this daf
1. Rav Yosef's Loss Of Eyesight 2. Katanim and Bechirah. 3. Nezikin to Nochrim
4. Ganav Katan
DAF DISCUSSIONS - BAVA KAMA 87

EZ Gross asked:

Hi

Is there any difference between a Nochri and a Ger Toshav when it comes to Nezikin or death?

including Tza'ar, Sheves, etc.?

Thanks you so much for all your help

Eli Gross

The Kollel replies:

Shalom R' Eli,

Great to hear from you.

It appears from the Minchas Chinuch (51:1 DH v'Shor) that they are the same, at least regarding Mamon ha'Mazik, and arguably all the other laws you mentioned as well.

I hope this helps!

I see a bit more about the subject now, and I believe the following this would also interest you.

1) Capital Punishment for Murder b'Mezid

It appears from Rambam (Rotzeach 2:11) that the law is the same regarding a Jew who murders a Ger Toshav or murders a Nochri. In both cases, there is no punishment administered by the Beis Din. See Kesef Mishnah who cites as the source of this ruling the Mechilta of Rebbi Yishmael (21:14 DH Ish) which discusses the alternative punishment from heaven.

2) Cities of Refuge for Murder b'Shogeg

Moreover, the Torah (Bamidbar 35:15), the Mishnah and Gemara (Makos 8b), and the Rambam (Rotzeach 5:3-4) teach us that the cities of refuge provide protection for a Ger Toshav who b'Shogeg kills another Ger Toshav. Vis a vis your question, it is important to note that this priviledge is not afforded to a Nochri who worships idols.

2) If the Gentile is Murdered b'Shogeg

On the other side of the coin, the Minchas Chinuch (410:1 DH she'Nitzavu) cites a Machlokess reagrding whether there is a difference between an Akum and Ger Toshav when they are the victims of murder at the hands of a Jew who kills him b'Shogeg. Rambam (ibid. Halachah 3) writes that the Jew is exiled to the Ir Miklat if he kills a Ger Toshav b'Shogeg. The Rahamach agrees with the Rambam. The Ra'avad disagrees, as does the Kesef Mishnah who even maintains that the Girsa in the Rambam must be a mistake.

Warmest regards,

Yishai Rasowsky