why is it that if you are tied to another person and they die, you are responsible for the execution but if you put them in a marble room and liught a flame, you are not responsible? Why is it that if you put a barrel over someone's head and they die, then you are responsible for their death but your not if you shoot an arrow at them and then take away the shield? Thank you
Question, Ny, Ny
Let us analyze the Gemara (76b, 77a). The Gemara says that one who immobilizes someone in an area where he will soon die due to the present circumstances in that area (severe heat or underwater) due to his inability to escape is Chayev Misa. Similarly, one who puts someone in a marble room and lights a fire is also Chayev Misa, as the circumstances are such that the person will die due to a present danger. However, immobilizing someone and eventually causing them to starve does not make one Chayev Misa, as at the time of the immobilizing the person was not yet in any danger of starving (he might not even have been hungry). In other words, the damaging element was not present. Similarly, when one shoots an arrow and there is a shield blocking the path of the arrow, at the time of the shooting there was no danger. Taking away the shield is only a Gerama (indirect act) which never makes one Chayev Misa. Putting a barrel over one's head is argued about in the Gemara. Just a friendly reminder that even the people who are exempt from Misa in these cases are still called a murderer, they are just exempt from being put to death by Beis Din (see Rambam in Hilchos Rotzei'ach 3:10).
All the best,
Yaakov Montrose