Translation:Shulchan Aruch/Choshen Mishpat/425

In all capital cases today, we do not have the ability to give lashes, to force into exile, to kill or to beat. Rather, we would excommunicate the wrongdoer and separate him from the public. This is all technical law. If, however, the court sees that the time demands and that a fence must be created, they can punish how they want, as was discussed above in Siman 2. This is only for capital cases that require a court. With respect to those that are killed without a court, however, we still judge those today, as will be discussed.

Paragraph 1- If one is pursuing another to kill him, and he was warned but was still pursuing him, even if the pursuer was a minor, all Jews are commanded to rescue the victim with one of the pursuer’s limbs. If they cannot be precise and cannot rescue him unless they kill the pursuer, they would kill him, even though he has not yet killed. If one comes to steal in a tunnel, he too has the status of a pursuer. If it is known that he is only coming for monetary purposes, and that even if the owner of the possession would defend his property the thief would not kill him, one would be prohibited from killing the thief. See the words of the Tur in this Siman. If one is damaging the public, such as by dealing with forgeries that the government is strict about, he has the status of a pursuer and one may inform on him to the government, as was discussed above in 388:12.

Paragraph 2- Thus, if a pregnant woman was having difficulty giving birth, one is permitted to abort the fetus, whether with medicine or by hand, because it is pursuing the mother to kill her. If the fetus’ head emerged, we may not touch him because we do not push aside one life for the sake of another life. This is the nature of the world.

Paragraph 3- Similarly, if one is pursing after a male or another of the forbidden relations to rape, other than an animal, we would rescue the victim, even with the life of the pursuer. If he pursued the forbidden relation and grabbed her and lied with her, once he has begun intercourse, even if he did not complete penetration, we would not kill him until he went on trial.

Paragraph 4- If one was pursuing a forbidden relation, and others were pursuing him to rescue her, and she told them to leave him alone so that he not kill her, we would not listen to her. Rather, we would frighten him and prevent him by striking his limbs, and if they cannot prevent him with his limbs, they would even kill him. If one has sexual relations with an idolatress in public in front of 10 Jews, zealots may attack him and they are permitted to kill him. This is only while the incident is occurring. Once he has separated, however, one is prohibited from killing him. This is only where they warned him and he did not separate and is only where the zealot comes to kill him on his own. If he asked the court, however, we would not instruct him to do so.

Paragraph 5- In the case of a Jewish heretic, which is someone who worships idols or sins in spite- even if he just ate unslaughtered animal or wore shaatnez in spite he would be a heretic- and those who deny the Torah or Jewish prophecy, there is a mitzvah to remove them. If there is a way to remove them publicly, we would do so. If not, we would use excuses to remove them. How so? If one saw one of them fall into a pit and the ladder is in the pit, he would come and remove the ladder and say he is busy taking his son down from the roof and he will return the ladder, or something similar. With respect to an idolater whom we are not at war with or a shepherd of small domesticated animals in a place where the fields belong to Jews or someone similar, however, we would not arrange for their death but one is prohibited from rescuing them. When is this true? In the case of a Jewish sinner who remains firm in his wickedness and consistently repeats his sins, such as a shepherd of small domesticated animals who is cavalier with theft, and they continue in their wicked ways. With respect to a Jew who sins and does not remain firm in his wickedness, but just sins for his own benefit, however, such as one who eats unslaughtered animals out of desire, one does have a mitzvah to rescue him and one is prohibited from standing idly by his blood. See Yoreh Deah Siman 158.