With this understanding of the Rosh the question does not start because the Rosh never said that we could apply the halacha of moridin to one who sins after being warned with his life. Therefore it is clear why the Torah commanded us not to kill a sinner until after his day in court – since he cannot be killed before then. And one who does kill him prior to his day in court will be considered a murderer.

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Rabbi Raphael Fuchs
Rabbi Fuchs learned in Yeshivas Toras Moshe, where he became a close talmid of Rav Michel Shurkin, shlit”a. While he was there he received semicha from Rav Zalman Nechemia Goldberg, shlit”a. He then learned in Mirrer Yeshiva in Brooklyn, and became a close talmid of Rav Shmuel Berenbaum, zt”l. Rabbi Fuchs received semicha from the Mirrer Yeshiva as well. After Rav Shmuel’s petira Rabbi Fuchs learned in Bais Hatalmud Kollel for six years. He is currently a Shoel Umaishiv in Yeshivas Beis Meir in Lakewood, and a Torah editor and weekly columnist at The Jewish Press.

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