Q&A: Pursuer
Pursuer
Question
To the honored Rabbi: I saw a nice question regarding a topic the Rabbi discussed here once:
See Maimonides, Laws of Murderer, ch. 1, halakhah 6, where he writes that if someone pursues another person in order to kill him, it is a commandment for every Jew to save the one being pursued from the hand of his pursuer, and it is even permitted to kill the pursuer if it is impossible to save the pursued person in any other way.
Also see Maimonides, Laws of Injury and Damages, ch. 8, halakhah 12, where he rules that if a pursuer broke utensils during the course of his pursuit, he is exempt from paying for the damage to the utensils. The reason is that since every person is entitled to kill the pursuer during the pursuit, he is considered simultaneously liable to death and to monetary payment, and his law is that of "he receives the greater punishment rather than the lesser one" (kim lei be-rabba minei).
Now, see Maimonides there in chapter 8, halakhah 10, that even one who delivers a Jew's property into the hands of gentiles (even merely by informing on him) is classified as a "pursuer," and it is a commandment to kill him in order to save the victim from the hand of the informer.
Even so, Maimonides rules there in halakhah 1 that one who delivers his fellow's property into the hands of gentiles is liable to pay according to the damage he caused, and we do not say "he receives the greater punishment rather than the lesser one."
And this is difficult according to Maimonides: what is the difference
between: a pursuer who breaks utensils during his pursuit, who is exempt from paying for the utensils because of "he receives the greater punishment rather than the lesser one,"
and: one who delivers his fellow's property into the hands of gentiles, regarding whom we rule that in such a case he is liable to pay the amount of the damage?
Answer
I think these two cases are not comparable at all. One who informs on someone's property is not legally liable to death under the law itself. This is a later enactment (from the time of the Talmud—see Bava Kamma 114). Therefore this is not considered a case where he is actually liable to death; rather, there is only permission to kill him. By contrast, in the case of a pursuer, there is legal liability to death under the law itself. Moreover, in the case of a pursuer this is also a punishment imposed on him (and not only prevention of the murder of the pursued person). There is much room to elaborate and bring proofs, but for now see Afikei Yam, vol. 2, sec. 40, where he discusses this.