Sefer HaChinuch ספר החינוך

The commandment to save the pursued with the life of the pursuer: That we were commanded to save the pursued from one who is pursuing him to kill him, and even [at the expense of] the life of the pursuer — meaning to say, that we are commanded to kill the pursuer if we are not able to save the pursued unless we kill the pursuer. And about this is it stated (Deuteronomy 25:12), “You shall cut off her hand; show no pity.” And they said in Sifrei (see Sefer HaMitzvot, Positive Commandments 247), “‘And she seizes him by his genitals’ — and just like that place is distinguished by a danger to life (sakanat nefashot) and it says about it, ‘You shall cut off her hand’; so too anything that has a danger to life, behold it is [included] in ‘You shall cut off her hand.’ And from where [do I know] that if he cannot save him with only her hand, that he is obligated to save him with her life? [Hence,] it teaches us to say, ‘show no pity.’” And that which the verse stated “the wife of one,” [is because] the verse was speaking according to what is common; as the wife of a person is always with him and tries to save him from his attacker with all of her strength; but it is the same with any person.

It is from the roots of the commandment [that it is] since God, may He be blessed, created His world and wants its settlement; and the settlement of the world is established by the delivery of the weak from the hand of the one stronger than he. And also because the eyes and heart of the pursued are always to God to deliver him from the hand of his pursuer. And [it is] like the matter that is written (Ecclesiastes 3:15), “and God seeks the pursued” — meaning to say that the pursued seeks God and pleads with Him. Therefore, Blessed be He, commanded us to help him.

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.”

And they, may their memory be blessed, said (Sanhedrin 72b and see Mishneh Torah, Murderer and the Preservation of Life 1:7) regarding the matter of a pursuer, that — even if he did not [formally acknowledge] the warning — since they warned him and he continues to pursue, [it is as if] he has no blood, and it is permissible to kill him.

And based on the reason of a pursuer, they, may their memory be blessed, instructed (see Mishneh Torah, Murderer and the Preservation of Life 1:9) in [the case of] a woman who is having difficulty giving birth, to cut up the fetus in her innards — whether with a drug or whether by hand — because it is like a pursuer behind her to kill her. And if it stuck out its head, we cannot touch him; as we do not push off one life for [another] life, and this is the way of the world.

And it is one, whether it is one who pursues behind his fellow to kill him, or after one of all of the sexual prohibitions which [involve] excision to those that have sexual relations — we save them with the lives of their pursuers. And the same is true of one pursuing behind [another] male to have sexual relations with him. But [in the case of] one pursuing behind an animal — and so [too, with] one running to do one of all of the other sins in the Torah, even to worship idolatry — we do not kill him until he does the sin, as we judge him in a court. [That is] since the tradition only came about these two sins alone that we save with the life of the pursuer. But with all the other sins in the Torah, we bring him to court and they judge him. And the rest of the details of the commandment are elucidated in the eighth chapter of Tractate Sanhedrin.

And [it] is practiced in every place and at all times by males and females. And one who transgresses it and is able to save the pursued and does not save him with one of the limbs of the pursuer — or even with his life — has violated this positive commandment, besides having violated two negative commandments, which are “show no pity” (Deuteronomy 25:12) and “do not stand over the blood of your neighbor” (Leviticus 19:16); as was written in the negative commandments (Sefer HaChinukh 601). And his punishment is very great — as if he destroyed a life from Israel.