Goel Hadam: Avenging a Murder

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  • July 15, 2011 12:16 am at 12:16 am #597990
    Droid
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    If a victim’s family has the ability to avenge the killing of their relative (Goel Hadam) in an accidental killing where there was no warning, is there any reason they could not do the same if their relative was murdered in cold blood (as opposed to an accidental killing) where there was no warning (or other technical reason the death penalty wouldn’t apply)? It should be even more so the case al pi pashtus.

    July 15, 2011 12:32 am at 12:32 am #786130
    Droid
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    After posting the above, I found this Rambam and pshat from “Torah Down Under” weekly d’var Torah:

    The Goel hadam today

    The Rambam says that the din of a goel hadam does not only apply if a someone killed accidentally, it also applies if the murderer killed deliberately.

    The Rambam says in Hilchos Rotzeach (1:1):

    ???? ?’) ?? ???? ??? ???? ??? ???? ????? ?? ????. ??? ??? ????? ???? ???? ????? ????? ????? ??? ????…

    ???? ?’) ???? ??? ???? ???

    [????? ?? ?????] ????? ???? ??? ??? ???? ?? ?????. ??? ????? ?????? ??? ???? ???. ?? ??? ???? ??? ?? ??? ??? ???? ?????? ?? ???? ?? ???? ?? ??? ??? ?????? ?? ????? ?????.

    [in the aseres hadibros]

    The rambam says in Hilchos Rotzeach (perek alef, halacha 5):

    ???? ???? ????? ??? ?????? ???? ????? ??? ?????? ???? ?? ???? ???? ??? ???????? ?????. ????? ??? ???? ????? ?? ???? ???? ???? ?????.

    The Rambam says (hilchos rotzeach 6);

    ???? ?’) ??? ???? ????? ????? ????? ????? ????? ???? ????? ???? ??? ?????. ?? ???? ?? ????? ??? ????. ????? ????? ???? ???? ?????? ???? ??? ???? ????? ?? ???? ??? ???? ?????? ???? ????? ?????? ??? ??????? ???? ????. ????? ?? ???? ???? ??? ??? ???? ????? ????.

    ???? ?’) ??? ???? ?? ??? ?????? ???? ????? ???. ??? ?? ??????? ????? ??? ??? ?? ??? ????? ?????? ??? ?? ???? ???? ??? ??? ??? ????…

    Similarly nowadays, although there is no psak din, the goel hadam is still allowed to kill the rotzeach.

    The chiyuv misoh for retzichah

    The act of vengeance of the goel hadam in the case of shogeg is his own personal vendetta, but he needs beis din to allow him to take this payment from the rotzeach as in any other interpersonal dispute.

    July 15, 2011 2:20 pm at 2:20 pm #786131
    Droid
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    So it would seem in the current case the family could be goel hadam (even though it was meizid not shogeg) except that there is no beis din.

    July 15, 2011 3:46 pm at 3:46 pm #786132
    Health
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    What are you a high school kid learning Lomdus? Lomdus has nothing to do with Halacha.

    1. I don’t think that the Din of Goel Hadom applies during the time when there is no Arey Miklot.

    2. Even if it does, since we are in Golus, you can’t put yourself in danger because if you kill s/o they will prosecute you. This is true even in Israel because they have secular rules. They don’t apply Torah rules esp. in a case of killing (whether permitted by the Torah or not)!

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