Beat him Until he Dies

The Gemora (Kesuvos 86a) cites a braisa: When does one receive forty lashes for violating a Biblical law? That is only in regard to a negative commandment; however, with respect to a positive commandment, for example – if we tell someone, “Make a sukkah” and he refuses, or we tell him, “Make a lulav,” and he refuses, we beat him until his soul departs.

The question is asked: Why is there permission to kill one who is not interested in fulfilling a positive commandment; the punishment for not fulfilling a positive commandment is not death?

Reb Tuvia Lisitzin, in his sefer Kerem Tuvia answers that permission is granted to beat him until his death because by not fulfilling a positive commandment (and especially, when people are attempting to persuade him, and he, nevertheless, refuses), this is tantamount to desecrating the name of Hashem.

This can also explain why Pinchas was allowed to kill the Midyanis woman. He was able to kill Zimri because the halacha is that one who cohabits with an idolater, the zealots are permitted to kill him. However, why was he allowed to kill the Midyanis woman; she does not have any prohibition of cohabiting with a Jew? The answer is: It was due to her that a tremendous desecration of Hashem’s name occurred; for this, she was deserving to die.

The Chasam Sofer writes that we are not permitted to strike him with a blow that will kill him; permission is granted to hit him time after time until he eventually agrees to fulfill the mitzvah. When do we stop beating him? When he dies from the beatings.

The Chinuch writes that one who does not repay a debt has violated a negative commandment in the Torah. The Minchas Chinuch asks: If so, why does our Gemora inquire if a person who refuses to repay a debt should be compelled to do so; of course, we should force him, just like any other negative commandment?