Halakhah zu Schemot 22:2

In analyzing the "law of the pursuer": formulated in Exodus 22:2, the Gemara, Sanhedrin 72a, states, "… if the matter is clear to you as the sun that he is not at peace with you, slay him; but if not, do not slay him."⁸See R. Isaac Schorr, Teshuvot Koaḥ Shor, no. 20; R. Chaim Ozer Grodzinski, Teshuvot Aḥi‘ezer, I, no. 23, sec. 2; and R. Moses Feinstein, Ha-Pardes, Nisan 5728, reprinted in Sefer ha-Zikaron le-Maran ha-Gri Abramsky (Jerusalem, 5738), and in Iggerot Mosheh, Ḥoshen Mishpat, II, no. 69, sec. 2. This is true whether the putative aggressor be a Jew or a non-Jew. While the taking of the life of a non-Jew does not occasion capital punishment at the hands of a human court, Ravan, Baba Kamma 111b, and Kesef Mishneh, Hilkhot Rozeaḥ 2:11, are quite clear in ruling that taking the life of a non-Jew is encompassed in the prohibition against homicide. Explicit authority for that ruling is found in Mekhilta, Mishpatim 4:58. Indeed, there are many forms of homicide for which Jewish law does not prescribe capital punishment. The nature of the punishment administered and the absence of the severest form of punishment does not at all indicate that the act is to be condoned.