Monday, December 2, 2019

halacha - How to determine a trespasser's intent from a Halachic Perspective?


How do we determine a trespasser's intent from a Halachic Perspective?


The Rambam writes:



If it is clear to the house-owner that the thief who breaks in will not kill him and instead is only seeking financial gain, it is forbidden to kill the thief. If the house-owner kills him, the house-owner is considered to be a murderer.




And the Rema writes:



One who "tunnels in order to steal" has this rule of pursuer applied to him, however if it is understood that his only intent is monetary gain, and that he would not kill the owner in a confrontation, then it is forbidden to kill him.



What is "clear" or "understood" enough? Is the burden on the thief to be obviously non-threatening, or on the homeowner to judge leniently? How is the homeowner to decide?


The above quote and my question grew out of the discussion here: Trespassers from a Halachic Perspective




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