Monday, May 21, 2018

halacha - If pirates demand you turn someone over, why can't you choose the person already subject to the death penalty?


I'm learning Ketuvot in my shiur, and we brought in Yerushalmi Terumah 8:4 on 47a. It states that a boat was traveling and robbers / murderers boarded and said: "Give us one of you and we'll let the rest live!" You can't give anybody over, because who says your life is better than the one you were going to give over.


Then in another case it was said that the robbers / murderers chose somebody and it becomes an argument. Rabbi Yochanan says you can give him over if he was chosen, even if he's not like Sheva ben Bichri, but the other rabbi says you can't give him over, only if he is like Sheva ben Bichri. (Sheva ben Bichri was subject to the death penalty when he was killed.)


Then he says if there is a guy, who is due for death in the crowd, and he wasn't chosen by the murderers, you can't give him over. My question is why can't we give him over if he wasn't chosen? If his life is worth less (because he's already subject to the death penalty), then we should be able to give him over. And if we say that his life is worth at least as much as everybody else's, then why can we give him over if they chose him?




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