Wednesday, February 22, 2017
Mishpatim #4- No Blood?
In perek 22 passuk 1 it says "If while breaking in, the thief is discovered and he is struck and dies he has no blood." Rashi comments on that wondering why it would say that the person has no blood. He answers saying that since the intruder should know that the homeowner would use self defense, even to the extent of killing, that he was a dead man when he broke in. What are other reasons this could have been said?
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We learn in Talmud class that when the theif broke into his house, he was ready to kill the homeowner, just as the homeowner is ready to kill him. Thus both of them have a self defense excuse. Even so, the theif started it by breaking into his home, so he is a dead man.
ReplyDeleteAccording to Rabbeinu Chananel the reason it says not blood is because the person is already considered dead from the moment his actions occur. This is because the fact that the thief he is going at night meening he poses a death threat to his potential victim.
ReplyDeleteRashbam says that the thief came prepared to either be killed or kill and he knew what he was getting himself into. Therefore, when it says "Ain Lo Damim", it means that the murderer does not even have to restore money to the people closest to the victim such as family members or friends. This is because it is as if he "has no blood" and therefore it is as though he was never killed in the first place.
ReplyDeleteWe learned in Talmud class that when a thief walks into a house he thinks if the home owner wakes he will not sit and let me take his money so too he will kill me even if it's illegal so the intruder is prepared to kill in self defense but in this case, since the intruder is caused this he is a rodef and can be killed. So he is already a dead man
ReplyDeleteIn Talmud class we learnt that a thief that comes through a tunnel works so hard in digging that tunnel he is ready to kill. Thus, he has no blood because he is considered אין לא דמים -- no blood (you can kill him). In conclusion, So a thief that comes through a tunnel is ready to kill so he has no blood because you can kill him.
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