Write a 6 pages paper on a philosophical point of view. Speaking on the subject of murder, Rashi (Rabbi Shlomo Itzhak, 11th century. C.E.) that if a person were to strike another and if the victim hap
Write a 6 pages paper on a philosophical point of view. Speaking on the subject of murder, Rashi (Rabbi Shlomo Itzhak, 11th century. C.E.) that if a person were to strike another and if the victim happens to die, then his action is punishable by law as indicated in the holy book of Torah which does not differentiate between man, woman or child. The death penalty is applied equally to any human being. Passing his views on the Exodus that states, “one who strikes” the Mekhilta of R. Ishmael says that it could also mean a child. To put his argument across he makes use of the verse in the Exodus that clarifies the killing of a human being as a capital offense.
The Torah is considered to be God’s statement to man but the Rabbi’s had their own limitations in interpreting it in the correct way. For example in the Mekhilta of Rabbi Ishamel, the Rabbi discusses about the harm done to the recipient during an abortion. According to the Hebrews Ex. 21: 22, “yetza yeldaha” meaning “miscarriage” literally meant “her children coming out”. It is argued that the minimum children have to be two fetuses because it refers to “children.” Quoting the Scriptures that say, ….and yet no harm follows”, could either refer to the woman or her offspring. It also states that “the one who hurt her shall be fined” meaning that the offspring should be compensated. Therefore it becomes rather difficult to make a correct interpretation of the scriptures because the words “and yet no harm follows could only mean “harm to the woman”.
According to Rav Huna if the pursuer is a minor, then one should save the pursued without any distinction between a minor and an adult. But Rav Hisda objected to what Rav Huna had said pointing out that even if he was a minor, he was still the pursuer.
In Rashi’s commentary on Sanhedrin 72b, Rav Huna states that in case a minor was pursuing a victim in order to kill, then the victim should be saved using the life of the pursuer even if he was a minor. But in the Mishnah (Ohalot 7:6) Rav Hisda objects to his .statement saying that in case a fetus was endangering its mother’s life in the womb, it should be killed in order to save the mother.