On 10b, rav huna states that the Goel hadam cannot kill the killer on the way to the city of refuge but is patur if he does. My question is if the killer can kill the Goel hadam in self defense if he does try to kill him. Furthermore, even if we say he can, since the Goel hadam has no right to kill him, how about in a case where the killer left the city willingly, in which case the Goel hadam can kill him. Can he kill the Goel hadam first in that case as self defense? Or do we say that since he put him in a position of danger by leaving the city, he has no right to kill the Goel hadam if he tries to kill him first?
Thank you Rav
All the best
Elisha Yagudayev, Flushing, United States
Dear Elisha,
The Mishna l'Melech Hilchos Rotzeach 1:15 holds that when the Go'el is only Patur on killing the killer or even if he's totally permitted then the killer is also Patur if he kills the Go'el- only if it's a Mitzva for the Go'el to kill then the killer can not retaliate and is Chayav.
The Chazon Ish (Choshen Mishpat 17:3) argues that the killer is killed if he kills the Go'el, even in the first case on the way to the Ir Miklat since on the killer it says "he has no blood"- and only a Rodef can be killed, but the Go'el is not a Rodef.
All the best,
Reuven Weiner