A kidnapper takes a Jewish man into his domain and makes use of him, but never sells him. Is he liable for capital punishment?
Halacha 1-2: Capital punishment for kidnapping requires all three conditions: bringing the person into the kidnapper's domain, making use of him, and selling him. Missing any one condition exempts from the death penalty.
Question 2
A kidnapper abducts a pregnant woman and sells only her unborn offspring (agreeing the sale takes effect at birth) but not the mother. Is he liable for capital punishment?
Halacha 3: Selling only the offspring of a kidnapped pregnant woman — without selling the mother — does not satisfy the condition of selling 'her,' and capital punishment does not apply.
Question 3
Why does Torah law permit the homeowner to kill a burglar?
Halacha 8: The burglar knows a person may defend his home forcefully. By proceeding with the break-in, the burglar has accepted this risk — therefore the homeowner is permitted to kill him in defense.
Question 4
A thief successfully steals from a home and runs away. May the homeowner chase and kill him?
Halacha 10: Once a thief has stolen and departed, the danger has passed. Killing a fleeing thief at that point is considered murder — the license to kill applies only during the act of breaking in.
Question 5
A thief breaks into a garden. May the garden owner kill him?
Halacha 11: A person who breaks into a garden, field, pen, or corral may not be killed — the presumption of life-threat that justifies killing a home burglar does not apply in these settings.