4

The goel ha'dam has either the right or obligation to kill someone who accidentally killed his/her(?) kinsman (Makkot 2:7) whom I will refer to as the refugee.

I would like to understand what parameters (if any) are included in this license. For example, if the Goel Ha'dam captures the refugee can he hold him imprisoned indefinitely before killing him? Does the Goel Ha'dam have license to torture the refugee to death?

Harel13
  • 25,676
  • 4
  • 58
  • 136
rikitikitembo
  • 14,079
  • 3
  • 22
  • 80
  • 2
    פֶּן יִרְדֹּף גֹּאֵל הַדָּם אַחֲרֵי הָרֹצֵחַ כִּי יֵחַם לְבָבוֹ He can only kill him hot bloodedly and not cold bloodedly. – pcoz Sep 17 '21 at 03:51
  • kill or pursue? – rikitikitembo Sep 17 '21 at 04:13
  • וְהִשִּׂיגוֹ כִּי יִרְבֶּה הַדֶּרֶךְ וְהִכָּהוּ נָפֶשׁ - He shall smite him on the derech. – pcoz Sep 17 '21 at 05:19
  • @kouty no it doesn't. I'm asking that if/when the goel hadam does kill the other person are there any parameters in the method of killing – rikitikitembo Sep 17 '21 at 15:36
  • Interesting question. Where would you get the idea that he would have a right to torture the person? ואהבת רעך כמוך. (Lest you think I'm being facetious, Sanhedrin (45a, 52a,...) uses this to prove that judicial death penalties must be as painless as possible, within the parameters of possibility.) – MichoelR Sep 17 '21 at 19:59
  • @MichoelR 1. that's a drash 2. none of mitot beit din are painless, the drash is to select the less gruesome option 3. once the goel is given license to kill why would we assume v'ahavta still applies? – rikitikitembo Sep 19 '21 at 02:38
  • 1
    If a beis din has to choose the least painful punishment, I can't imagine that the goel hadam has the right to deliberately torture the rotzeach (esp. if it is only r'shus). – N.T. Sep 19 '21 at 10:25
  • @rikitikitembo As N.T. said. 1. a drash, that's good! 2. select the less gruesome option - exactly analogous to what we're discussing. 3. See 2: this is exactly where the gemara is applying that verse. – MichoelR Sep 19 '21 at 12:44
  • Does this answer your question? Is the Goel HaDam (Blood Avenger) obligated to pursue blood vengeance? – Kazi bácsi Sep 26 '21 at 17:18
  • @Kazibácsi no, the question is not about the obligation, it is about whether or not the go'el hadam has a perogative to kill the accidental murder in any manner at all (e.g. torture) – rikitikitembo Sep 26 '21 at 21:28
  • The prohibition of Tzaar Baaley Chaim applies to humans as well. –  Sep 27 '21 at 16:57
  • @Tesvov then why do we flog people? – rikitikitembo Sep 30 '21 at 01:57
  • @rikitikitembo inflicting pain on creatures (like flogging) is only permitted is extremely limited and specific circumstances, and only with sanction of a beis-din. Therefore, it is pretty clear that inflicting unnecessary pain or suffering would certainly be prohibited in the goal hadam situation. –  Sep 30 '21 at 13:21
  • That's your opinion. The sources seem to indicate that where killing is permitted torture is as well. See bullet 2 in this answer - https://judaism.stackexchange.com/a/4218/7034 – rikitikitembo Oct 01 '21 at 13:40

0 Answers0