talmud test 2 sources Flashcards

1
Q

Mishneh L’Melech: Rodef M’Evarav

A

If you can save by not killing you must not kill. This applies only to the matzil, but not the nirdaf (he is not chayav mitah because if someone comes to kill you you should kill them first.)

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2
Q

Rambam: Rodef M’Evarav

A

Someone who could injure the rodef but kills him instead is liable to be killed. However, Beit Din will not kill him.

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3
Q

Mishneh L’Melech: Tur

A

A tur is a pillar, based on the Shulchan Aruch. There’s a rule that you can only kill in Beit Din if there’s a warning, an there is none in the case of the Rodef. Therefore, Beit Din cannot kill the killer of the Rodef.

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4
Q

Pesachim: Yachatz

A

Lechem Ani means bread that we answer with, answering the night’s questions with a visual prop. This also could be alluding to the poor because when a poor person eats they break it into pieces.

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5
Q

Rashbam: Yachatz

A

Poor people put it in the oven right away because they didn’t have the wood to keep the fire going so we rush the matzah to keep it from rising too

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6
Q

R’ash: Yachatz

A

One opinion says that you must eat like a poor person with broken pieces so you make a bracha on one full piece and a celek. There is no lechem mishneh on pesach.
However, this is incorrect because pesach should not be different and a new type of bread shouldn’t make a difference. You still need two full ones for the bracha of hamotzi while you need only the piece for achilat matzah because that’s the bracha that focuses on lechem ani.

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7
Q

Rambam: Yachatz

A

Take two, break one, and say hamotzi. You don’t need two for hamotzi because because of lechem ani. You need to act like a poor person, not focus on the boor bread only for that one bracha.

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8
Q

Rashi: “Mai Ta’amah”

A

Why is the robber considered bloodless?

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9
Q

Rashi “Chazakah”

A

A person won’t stand by if someone tries to steal from them. Therefore, the thief enters knowing he’ll have to kill the owner to protect himself. The owner knows he can go first to protect himself.

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10
Q

Rambam: Bloodless

A

Anyone can kill the thief at any time in any way because even though he only wants money, he would kill the ba’al habayit if he was blocked. He is a rodef as soon as he intends to kill.

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11
Q

Rashi “Zu hi hatrato”

A

It is not required to warn him; just go ahead and kill him. Since he’s trying so hard o get in we know he’ll do anything to steal from you. If he’s coming through the roof, you must warn him first in front of witnesses. (This means it’s discussed in the pasuk because it’s the exception to the rule of warning the Rodef.)

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12
Q

Rashi “Nitan L’Hatzilo”

A

Even though the rodef is a minor who will not understand a warning, we kill him anyway, which tells us we do not need a warning at all. (The reason you can kill a Rodef is not because he knows what he’s doing but because someone’s in danger.)

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13
Q

Rashi “Yatze Rosho”

A

A mother in childbirth is danger. At the beginning of the Mishna it says the woman can cut the baby’s limbs to save herself. The entire time he has not yet breathed the air he is not yet a nephesh and can be killed. Once the head comes out, though, it’s like the baby is born and it cannot be aborted. (Can say interim status between life and death.)

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14
Q

Rambam: Leaning

A

It’s important to act like you were the one leaving Egypt. . Therefore, you have to lean in the way of freedom while you eat. (The role of the meal to as be free and we are not until after maggid)

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15
Q

Rambam: Poor person

A

If a person asks you for money and you don’t have, you must appease him with words. You can’t yell at him because his heart is crushed and Tehillim says G-d does not put down a crushed heart. (He has no ego because he is dependent on others)

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16
Q

Ramban: Shemot

A

Why does Shemot end with the Mishkan instead of the Exodus? Freedom comes with G-d’s presence. The Geulah is not complete until we get to the level of the avot: true freedom is letting the soul align with nature.

17
Q

R’an: Rodef robber

A

It’s obvious that not all thieves will look for blood. A regular thief who cannot steal will walk away, not attack. . Therefore, the given fact here is that the owner will kill even though it isn’t strict halacha. So a robber knows they’re exposing themselves to the risk and he becomes a Rodef for creating a fight to the death. We can’t just tell owners not to kill because it’s human nature.

18
Q

Rambam: baby Rodef

A

It’s a mitzvah to not have mercy on a Rodef. Therefore,our elders taught that the pregnant woman struggling can abort the baby because he is a rodef. If his head comes out, don’t kill it because you can’t prioritize and it’s nature’s course.

19
Q

Rav Moshe Feinstein: Baby Rodef

A

The baby is not fully alive in utero because of this it’s the threat and can be killed. As soon as it’s alive they’re equal and they’re both rodef each other so you can’t choose one to save. If the mother has another illness, you can’t kill the baby because it’s not his fault.

20
Q

Rav Moshe Feinstein: Baby Rodef (2)

A

According to both Rambam and Rashi, there is a prohibition of Lo Tirzach from the Aseret HaDibrot also on the fetus, but if you do kill him there is no prosecution for capital punishment. You can’t kill a fetus even if it’ll kill someone, only to save the mother, and not even for her emotional health.