בס”ד 21 November 2024 - כ׳ במרחשוון ה׳תשפ״ה‎

Murder

The Jewish Murderer

Murder is not something that we really want to know about and hope does not happen. However, we must be realistic and discuss the mitzvos that are involved in the event a Jew murders.  These mainly involve negative commandments to not transgress.

When is it relevant?

The first obvious one is that of the Aseres HaDibrous, the Ten Commandments. “Lo Sirtsoch” – Do not murder (Shemos, 20:13). We are commanded to not stand by idly and instead must act to save a person whose life is in danger – Do not stand on the blood of your friend (Vayikra, :19:16). By not saving him you are liable and are called a murderer. When a Jewish Murderer is caught, he must not be put to death until he has had a court-case and been judged and found guilty (Bamidbar, 35:12).

There is a positive commandment when the Jewish murderer does so by mistake then for his own safety he must be sent to an Ir Miklot. (Bamidbar, 35:25). They cannot buy themselves freedom to not go there (Bamidbar, 35:31). When a jewish dead body is found and the Jewish murderer is not known (Devorim, 21:1) then there is the mitzva of Egla Arufa, to kill a calf in a steep valley.

Another scenario is where we see someone pursuing a Jew with intent to murder we are commandment to first kill the potential murderer and save our fellow Jew. There is a negative commandment to not have mercy on the pursuer whose intent is murder and do any action to stop him.