Q&A: The Law of a Pursuer in the Case of False Witnesses
The Law of a Pursuer in the Case of False Witnesses
Question
What is the law according to Jewish law in the case of a person who sees two witnesses planning to testify falsely that he murdered someone, as a result of which he will be executed? Under the law of a pursuer, is he permitted to kill them?
Answer
I think he is permitted to kill them if, in his assessment, there are no witnesses who will contradict them or expose them as plotting witnesses. The Mishneh LaMelekh discusses the question of whether a person sentenced to death is permitted to kill the agent of the religious court who comes to carry out the execution. See column 471.
Discussion on Answer
As stated, if there is serious doubt that the religious court will execute him, then perhaps there is room to discuss it. But I do not think he has to take significant risks. Even in the case of an actual pursuer, there is a chance that he will change his mind and not kill, or that he will not succeed in killing.
Is it possible to distinguish and say that the agent of the religious court will certainly kill the person, unlike false witnesses where there is a double doubt: first, it could be that in the end they will not testify, and even if they do testify, what statistical chance is there that a religious court will execute a person (once in seventy years)?