Q&A: Murder Without Intent
Murder Without Intent
Question
Hello Rabbi,
If a person who has AIDS sleeps with a healthy woman while knowing for certain that she will be infected and die from the disease, but his entire intention is only for the pleasure of the sexual act and he has no interest at all in her death, is such an act considered murder? Or perhaps manslaughter? Intentional? Or unintentional?
Best regards,
Answer
It makes no difference at all what he wants or what his purpose is. He is a pursuer, and in Jewish law even a minor pursuer or an incompetent person is still considered a pursuer.
Of course, there is no permission here to kill him, because that would already be after the act. Just to clarify.
Discussion on Answer
If he knew the act was dangerous, then he is an intentional murderer. Intent does not matter here. Of course, this is not quite actual murder, since there is no certainty here, only risk. But it is not unintentional.
I mean after the fact, how should he be judged from a halakhic and from a moral/legal perspective?