Accidental killer gladiators
If the prohibition of murder did not include killing without permission (or even if it did?), would two gladiators fighting for their lives under the king’s threats, would the winner be considered an involuntary murderer?
Regarding a rapist, the Maimonides and Thos disagreed on whether he is judged as a rapist and is exempt from punishment (the Maimonides) or not (the Thos). But in the case of gladiators, in my opinion, it is different, because usually he will be killed and not let go, as was said when Reuben was threatened with killing Shimon. But in gladiators, the threat is that if they do not fight, they will both be killed. In such a situation, it is certainly better for both of them to fight, that way at least one will be saved. I wrote such an opinion in my article on Siamese twins in Tachumin. You can search the site.
A. Why is this different from Gentiles who besieged a city and said, "Give us so-and-so." That is, why is it not blasphemy in Gentiles who besieged two gladiators by publicly accepting blackmail? Is it because here the Gentile is doing it for his own pleasure?
B. What is your opinion on adult Siamese twins in which one refuses the lottery? Do they compete against their will or do they both die (or does he die). Maybe you wrote explicitly and I don't remember.
C. I understand that in your opinion gladiators are allowed to accept a lottery through a duel. However, what if one demands a lottery at the ballot box? Is the other obligated to agree and the loser will pretend to be a fighter and let his friend kill him, or is it because there is no reliable third party here that if he does not trust his friend to honor the loss in the lottery, he is not obligated to agree to the lottery.
D. Apparently, unlike Siamese twins, here there is room for discussion on the part of the categorical order that everyone should avoid fighting in the arena and that way, in the end, no one will die anymore. Perhaps the order was rejected out of concern for life.
And therefore, is he not also subject to the law of an unintentional murderer (because the other person agreed to be killed)?
A. Good question that I hadn't thought of. You suggest that on the blasphemy side, gladiators should also be banned.
I'm not sure, since this isn't about being treated badly because they're Jews, but rather using prisoners who happen to be Jews. But maybe you're right.
B. In my opinion, they're being forced to.
C. They don't have the option of another lottery, because their captors actually want a duel. Pretending, if it's an option, should be discussed.
D. Interesting question. I tend to think that the order was rejected.
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