Soncino English Talmud
Sanhedrin
Daf 73a
MISHNAH. THE FOLLOWING MUST BE SAVED [FROM SINNING] EVEN AT THE COST OF THEIR LIVES: HE WHO PURSUES AFTER HIS NEIGHBOUR TO SLAY HIM, [OR] AFTER A MALE [FOR PEDERASTY]. [OR] AFTER A BETROTHED MAIDEN [TO DISHONOUR HER]. BUT HE WHO PURSUES AFTER AN ANIMAL [TO ABUSE IT]. OR WOULD DESECRATE THE SABBATH, OR COMMIT IDOLATRY, MUST NOT BE SAVED [FROM SINNING] AT THE COST OF HIS LIFE. GEMARA. Our Rabbis taught: whence do we know that he who pursues after his neighbour to slay him must be saved [from sin] at the cost of his own life? From the verse, Thou shalt not stand by the blood of thy neighbour. But does it come to teach this? Is it not employed for the following [Baraitha] that has been taught: Whence do we know that if a man sees his fellow drowning, mauled by beasts, or attacked by robbers, he is bound to save him? From the verse, Thou shalt not stand by the blood of thy neighbor! — That in truth is so. Then whence do we know that [the pursuer] must be saved at the cost of his own life? — It is inferred by an ad majus reasoning from a betrothed maiden. If a betrothed maiden, whom he wishes merely to dishonour, yet the Torah decreed that she may be saved by the life of her ravisher, how much more so does this hold good for one who pursues his neighbour to slay him. But can punishment be inflicted as a result of an ad majus conclusion? — The School of Rabbi taught, It is derived by analogy: For as when a man riseth against his neighbour, and slayeth him, even so in this matter. But what do we learn from this analogy of a murderer? Thus, this comes to throw light, and is itself illumined. The murderer is compared to a betrothed maiden; just as a betrothed maiden must be saved [from dishonour] at the cost of his [her violater's] life, so in the case of a murderer, he [the victim] must be saved at the cost of his [the attacker's] life. And whence do we know this of betrothed maiden? — As was taught by the School of R. Ishmael. For the School of R. Ishmael taught; [The betrothed damsel cried]; and there was none to save her, but, if there was a rescuer, he must save her by all possible means [including the death of her ravisher]. [To revert to] the above text: 'Whence do we know that if a man sees his neighbour drowning, mauled by beasts, or attacked by robbers, he is bound to save him? From the verse, Thou shalt not stand by the blood of thy neighbour.' But is it derived from this verse? Is it not rather from elsewhere? Viz., Whence do we know [that one must save his neighbour from] the loss of himself? From the verse, And thou shalt restore him to himself! — From that verse I might think that it is only a personal obligation, but that he is not bound to take the trouble of hiring men [if he cannot deliver him himself]: therefore, this verse teaches that he must. Our Rabbis taught: He who pursues after his neighbour to slay him, he who pursues a male [for sexual abuse], or a betrothed maiden, a woman forbidden to him on pain of death at the hands of Beth din, or one forbidden on pain of extinction — these are saved [from sin] at the cost of their own lives. But a High Priest in pursuit of a widow, and an ordinary priest in pursuit of a divorcee or a haluzah, may not be saved at the cost of their lives. If [the betrothed maiden] has been ravished previously, she may not be saved by her pursuer's death, likewise, if she can be otherwise rescued. R. Judah said: This applies also if she said [to her rescuers]. 'Let him be,' lest he slay her. Whence do we know all this? — But unto the damsel na'ar[ah] thou shalt do nothing: there is in the damsel no sin worthy of death. Na'ar refers to a male, na'arah to a betrothed maiden; sin — to women forbidden on pain of extinction; death — to those forbidden on pain of death at the hands of Beth din. Why are all these needed? — They are necessary. For had the Divine Law written na'ar [a youth], I would have thought that he must thus be saved because it is unnatural lust; but since connection with a maiden is natural, I would think that she may not be saved thus. Whilst if na'arah [damsel] were written, I would think that the law applies only to her, because he destroys her virginity; but not to a youth, who is not thus injured. And had these [only] been stated,