Talmud Bavli
Talmud Bavli

Halakhah for Sanhedrin 144:19

איבעית אימא אמר לך רב הונא אנא דאמרי כתנא דמחתרת דאמר מחתרתו זו היא התראתו:

But why so? Is he not a pursuer?<span class="x" onmousemove="('comment',' I.e., in seeking to be born, he is as a pursuer. endangering his mother's life. ');"><sup>17</sup></span> — There it is different, for she is pursued by heaven.<span class="x" onmousemove="('comment',' I.e. it is an 'act of God'. ');"><sup>18</sup></span> Shall we say that the following supports him? [Viz.,] If a man was pursuing after his fellow to slay him, he (observer) says to him, 'See, he is an Israelite, and a son of the covenant, whilst the Torah hath said, Whosoever would shed the blood of a man, [to save] that man shall his own blood be shed,<span class="x" onmousemove="('comment',' Gen, IX, 6. ');"><sup>19</sup></span> meaning, save the blood of the pursued by the blood of the pursuer'!<span class="x" onmousemove="('comment',' Though the pursuer did not accept the warning, as is normally necessary in a formal admonition, he may be slain, which proves that a warning is unnecessary in his case. ');"><sup>20</sup></span> — That is based on the ruling of R. Jose son of R. Judah. For it has been taught; R. Jose son of R. Judah said: A haber<span class="x" onmousemove="('comment',' Lit., 'associate', fellow student; it was also a scholar's title (Fellow), and is employed in this sense here. ');"><sup>21</sup></span> need not be warned, because a warning is necessary only to distinguish between ignorance and presumption.<span class="x" onmousemove="('comment',' Hence a scholar who knows what is forbidden need not be warned, even if his crime is punished by Beth din. Likewise, the above Baraitha is on the same basis. But on the opposing view that all transgressors, including scholars, must be formally warned, and the warning accepted, it may be that the same applies to a pursuer. Therefore this does not support R. Huna. ');"><sup>22</sup></span> Come and hear: If a man was pursuing his neighbour to slay him, the observer says to him 'See he is an Israelite, and a son of the Covenant, whilst the Torah hath taught, Whosoever would shed the blood of a man, to save that man, shall his blood be shed'. If he [the pursuer] replied. 'I know that it is so', he is not liable to be slain; but if he replied. 'I do it even on such a condition',<span class="x" onmousemove="('comment',' I.e., even if I am to be slain for it. ');"><sup>23</sup></span> he is liable!<span class="x" onmousemove="('comment',' The latter formula is the acceptance of a warning. This proves that the pursuer must be formally warned, and thus refutes R. Huna. ');"><sup>24</sup></span> — This is only if they are standing on two opposite sides of the river, so that he cannot save him. Hence what is [to be done]? To bring him before <i>Beth din</i>! But [punishment] by <i>Beth din</i> must be preceded by a warning. An alternative answer if you wish is this: R. Huna can tell you: My ruling agrees with the Tanna of 'breaking in', who held that his breaking in constitutes a formal warning.<span class="x" onmousemove="('comment',' V. p. 494, n. 1. Because by breaking in he is really a pursuer, needing no warning. ');"><sup>25</sup></span>

Sefer HaChinukh

From the laws of the commandment is that which they, may their memory be blessed, said (Sanhedrin 72b and see Mishneh Torah, Murderer and the Preservation of Life 1:6-7) that even if the pursuer is small and the pursued is bigger than him in every regard, everyone is obligated to save [the pursued], and even [at the expense of] the life of the pursuer. And to what do these words apply - that we save with the life of the pursuer? When it is impossible for us to save [the pursued] with one of the limbs of [the pursuer]; but if it is possible to save him with one of the limbs and he saved him with his life - this is spilling of blood (murder). And so did our Rabbis, may their memory be blessed, say (Sanhedrin 49a) about the death of Avner when Yoav killed him: As it is written there (II Samuel 3:27), "and he died for shedding the blood of Asahel, his brother." And the tradition came about this that Yoav had a claim against Avner for the blood of Asahel, and judged him in a case of the Sanhedrin (High Court) - which means to say that he killed him for a claim for which it would have been fitting to [receive] death according to the Sanhedrin: He said to him, "Why did you kill Asahel?" Avner said [back] to him, "He was a pursuer." Yoav said to him, "You should have saved yourself with one of his limbs." Avner said to him, "I did not know how to aim at him [in that way]." Yoav said to him, "You aimed onto his fifth rib! And you did not know how to aim at him?" And about this is it stated, "he died for shedding the blood of Asahel, his brother."
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