Misvot #600-601: Rescuing the Pursued

The Torah in Parashat Ki-Teseh (Debarim 25:10-11) addresses the case of an argument that erupts between two men, and the wife of one of the men violently attacks the other, reaching for his private area. Since she endangered the man fighting with her husband, the Torah commands, “Ve’kasota Et Kapah” – “You shall cut off her hand.” This command is understood as a general obligation to rescue somebody who is pursued or has come under assault, by attacking the person who threatens him. The verse continues, “Lo Tahos Enecha,” adding a prohibition against having compassion for the attacker. The Torah thus introduces both an affirmative command to rescue the pursued, and a prohibition against turning away and allowing the pursuer to continue. If one can stop the pursuer by inflicting an injury – as in the case described by the Torah, where the woman’s hand could be severed – then this should be done. If the only way to stop the pursuer is by killing him, then he must be killed. The Sefer Ha’hinuch explains that G-d wants us to maintain law and order in society, and so the Torah commands us not to allow the strong to take advantage of the weak. Moreover, the weak and vulnerable tend to be humbler and more devoted to G-d, and the Torah thus wants us to protect them against the violent elements of society who have no regard for Torah values. This Misva applies even if the Rodef (pursuer) is an adult who pursues a young child. The child’s life must be protected by stopping the adult pursuer. If one was able to rescue the pursued by injuring the Rodef, but nevertheless killed him, he is considered a murderer, as he killed unnecessarily. It is only if the pursuer cannot be stopped without being killed that one is allowed – and thus required – to kill the pursuer. The Gemara (Sanhedrin 49a) applies this rule to the story told in the Book of Shemuel II (chapter 2) of Abner, who killed Asah’el, who was chasing after him. Abner was considered guilty of murder because he could have protected himself by injuring Asah’el, and he did not need to kill him. If a woman is in labor, and, due to complications, she becomes dangerously ill, the doctor may kill the fetus in order to save the woman, as the fetus is considered to be “pursuing” the mother, in that it threatens the mother’s life. However, once the baby’s head has exited the mother’s body, then this situation is treated as the natural process of childbirth, and the infant may not be killed, even if the mother’s condition is life-threatening. The obligation to rescue somebody who is pursued applies also in the case of a man pursuing a woman with whom relations are forbidden, with the intent to violate her. This man, too, is considered a Rodef, and must be stopped, even if this necessitates killing him. This applies also if a man pursues another man for the purpose of committing a homosexual act with him. If somebody makes his way to commit a different capital offense, however, one may not kill or injure the fellow to stop him from committing the violation. Instead, Bet Din is assigned the task of trying the sinner after the fact. These two Misvot – the affirmative command to the rescue the pursued, and the prohibition against refraining from doing so – apply in all times and places, and are binding upon both men and women. One who is able to rescue the pursued but fails to do so transgresses these two commands as well as the separate prohibition of “Lo Ta’amod Al Dam Re’echa” (Vayikra 19:16), which forbids sitting idly instead of rescuing somebody whose life is in danger.