The Depth of the Dispute: Why Did the Brothers Sentence Yosef to Death as a Rodef (Pursuer)?

Class No. 300 | Motzaei Shabbos Kodesh Parashas Vayishlach, Eve of 20 Kislev 5761 - Melaveh Malkah for the Shadarim Kollel of Jerusalem - Part 2

An in-depth article explaining the root of the halachic dispute between Yosef and his brothers based on the rulings of the Rambam.

We are standing in the days of the months of Kislev and Teves, close to the days of Chanukah and the Tenth of Teves. The Tenth of Teves is the yahrtzeit (anniversary of passing) of Morinu Reb Nosson of Breslov, and on this day the aspect of "I am Yosef" shines forth. Contemplating these Torah portions reveals the depth of the dispute that existed between Yosef and his brothers, a dispute that was not merely personal but was founded upon deep halachic principles regarding the laws of marriage, slaves, and kings.

The Status of the Maidservants' Sons: Slaves or Brothers?

The first root of the dispute between Yosef and the brothers is anchored in the halachic question regarding the status of Bilhah and Zilpah, and consequently, the status of their sons. There is a fundamental dispute between the Rambam and the Rif regarding the case of a man who cohabits with his maidservant:

"Does the act of cohabitation itself free the maidservant? According to the Rambam, she remains a maidservant until there is an explicit bill of release. According to the Rif, she is automatically freed, since there is a presumption that a person does not make his cohabitation an act of promiscuity, and presumably, he intended to free her and betroth her."

The brothers, the sons of Leah, ruled the halachah according to the opinion of the Rambam. Since Yaakov Avinu (our Patriarch Jacob) did not write a detailed bill of release for Bilhah and Zilpah, legally they remained maidservants. Consequently, their sons—Dan, Naftali, Gad, and Asher—were considered slaves. "The brothers claimed that as long as there is no detailed bill of release, the sons of the maidservants are called slaves, and they inherit them."

In contrast, Yosef ruled according to the opinion of the Rif. He argued that Yaakov Avinu certainly intended to free them retroactively, and therefore the sons born to them are kosher Jews and equal brothers in every respect, and the brothers have no right whatsoever to inherit them or treat them as slaves.

Ever Min HaChai (A Limb from a Living Animal) in a Bird

The second dispute between Yosef and the brothers revolved around the laws of "Ever Min HaChai" (eating a limb torn from a living animal) for Bnei Noach (Descendants of Noah), as brought down in Hilchos Melachim (the Laws of Kings). The brothers ate poultry, and the question arose whether there is a prohibition of Ever Min HaChai regarding a bird for Bnei Noach.

Here too, the brothers followed their approach and ruled according to the opinion of the Rambam, who holds that there is no prohibition of Ever Min HaChai in a bird for Bnei Noach, and therefore their action was completely permissible. On the other hand, "Yosef ruled like the Raavad that there is Ever Min HaChai in a bird, and therefore he suspected them of transgressing a severe prohibition."

The Law of a Rodef (Pursuer): Why Did the Brothers Rule That Yosef Deserved Death?

From these two halachic disputes, the great question arises: Why did the brothers truly rule that Yosef deserved the death penalty, to the point that they decided to kill him and ultimately sell him as a slave? The answer lies in the laws of Bnei Noach.

According to halachah, a Ben Noach who transgresses his commandments is put to death based on the testimony of one witness and one judge. The brothers understood that if Yosef rules according to the opinion of the Raavad and suspects them of eating Ever Min HaChai—a transgression punishable by death for Bnei Noach—then he poses an existential threat to them.

"The brothers feared that Yosef would bring one gentile and one judge, and they would come at night to kill them or catch them on the road." Since Yosef was liable to hand them over to judgment and bring about their execution based on his halachic ruling, they judged him as a "Rodef" (pursuer). Regarding a person who has the status of a Rodef, it is permissible to preemptively kill him in order to save the lives of the pursued, and this was the brothers' halachic justification for their actions.

Class No. 300