Comma in this rhetorical question

A comma would be wrong there.

Rover

It would? But isn't there an "if...then..." relationship in what he's rhetorically asking? That is, "If it were right to charge a man every time he looked at someone the wrong way, then he would have to be financially ravaged and maligned in a court of law for it." See what I'm saying?

I can see you're using two entirely different structures—one of which doesn't need a comma and another that does.

Rover

But without the comma in the original structure, isn't it ambiguous as to who the "he" after "someone" is reffering to?

It's clear enough to me.

Oh, and here I thought conditional sentences had to have commas. Well, let me ask you, in that first sentence, if there was a "then" between the "someone" and the "he," would you still say there's no comma needed in that question, or would that change things?

In that case I would have said that 'then' should be omitted.