Reply To: Soldier who killed the "neutralized" terrorist

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Avi K
Participant

A person who c”v murders a gentile is only exempt in a din Torah. The secular authorities may execute him along with all others who are exempt in bet din (Rambam, Hilchot Rotzeach 2:4). I heard that the bet din does not kill him because the chillul Hashem is so enormous that even this does not bring atonement, which is the function oft he bet din. The secular authorities, on the other hand, have the duty to maintain public order (see Iggerot Moshe Choshen Mispat 2:68 – Rabbi Aharon Soloveichik opposed capital punishment but it is not clear if his reason was that there is no power today or if he felt that the system in force was not sufficiently careful).