Israel – Several senior rabbis have raised a heated debate in the last few days over the approach in Jewish law toward a terrorist who has committed a terror attack but is subsequently wounded and incapacitated.
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Earlier this week, prominent national-religious rabbi and chairman of the Tzohar rabbinical association, Rabbi David Stav, said that the nation was facing trying and difficult times but insisted that a terrorist who has committed an attack but has been wounded and therefore no longer represents a threat should not be further harmed.
“In these days in which the blood is boiling… it is important to preserve our moral superiority: [We must] not harm those who are not involved in murderous acts and we must not harm those who have already been neutralized and do not represent a threat,” the rabbi ruled.
Rabbi Shmuel Eliyahu, municipal chief rabbi of Safed, reacted to Stav’s comments, and said a terrorist who had committed murder should himself be killed.
“It is forbidden to leave a murderer alive,” Eliyahu told the Galei Yisrael radio station on Wednesday. He accused Tzohar rabbis of “forgetting Jewish law” and said “they are only interested in looking good to non-Jews.”
“Jewish law is clear… there are courts which can avenge blood and there are individuals who can avenge blood. This is the Jewish law, if the court does not avenge the blood then an individual can avenge the blood,” he added.
To “avenge blood” is a concept in Jewish law relating to the punishment for murder and manslaughter.
“We can’t think all day about what others are thinking about us,” the rabbi concluded.
Another senior rabbinical figure, prominent ultra-Orthodox arbiter of Jewish law Rabbi Ben-Tzion Mutzafi, was also fiercely critical of Stav’s approach.
According to the Srugim news website, Mutzafi was asked by his students whether, if a terrorist has been wounded and incapacitated, it is permitted according to Jewish law to kill him or not.
“It is commanded to take hold of his head and hit it against the ground until there is no longer any life in it,” Mutzafi responded.
“Do not listen to Stav, for the one who is merciful to the cruel will end up being cruel to the merciful,” he added.
Rabbi Yaakov Ariel, municipal chief rabbi of Ramat Gan and one of the most senior national-religious leaders, has also waded into the debate.
He was asked in a question on the yeshiva.org website about the differing opinions voiced by the rabbis on the issue.
Ariel backed Stav’s initial comments, replying that when the terrorist still presents a danger it is permitted to kill him.
“If the danger has passed and the terrorist is restrained or injured, [people] must act wisely, judiciously and not through spontaneous emotion,” ruled Ariel.
“In Islam, the commandment to avenge blood is a big commandment, and there is no need to add fuel to the fire. Death does not necessarily deter since the one killed becomes a ‘shahid’ [martyr]. It needs to be evaluated with security experts.”
Content is provided courtesy of the Jerusalem
No need for a political answer.
Lets ask Rav Chaim Shlita.
Did they not see the video this week of the bahama who got up more than once after being shot to try and kill again? Do they not know that many terrorists released for Gilad Shalit have gone on to murder more Jews?
As there is at least a 20% chance that the terrorist will be released in some type of exchange or after serving his sentence, there is no justification whatsoever to allow him to live. Furthermore as these are Lonewolf attacks, there is no intelligence to be had from an interrogation. No Poisek could or would disagree. And if you read between the lines; it’s what Rabbi Ariel says (He said “must act wisely… Not through emotion… Consult with security experts” He doesn’t say “It’s forbidden”). Of course one can’t publicly announce that killing an incapacitated terrorist is acceptable and even mandated; because of the pathetic and phony liberals; but the maxim of ….כל המרחם על אכזררים definitely mandates killing a terrorist.
Habu l’hurgechu
“Only looking good for non Jews?”
As if that’s a bad thing??
There are countless halachos that are based on the concept of darkei shalom.
Kill them all. Period. Always shoot for center body mass and then double tap when they are down.
The conflict is between our Rabbis and Zionist ones. In most halachah issues we do not rule according to the Zionist shita. Their understanding of halachah can be extreme opposite of what we follow.
the only rabbi they should be seeking a psak from is Rabbi Meir Kahane, hy”d
if he is wounded dont kill let him die by himself
Don’t wound them;make sure they’re good and dead.
On the surface what R. Stav says makes sense. If someone is threatening you, you can defend yourself, even if you need to kill him. Once he is incapacitated, then you have to stop and turn him over to the authorities. That is the law in most civilized countries.
The problem is, that if you turn over terrorists to the Israeli authorities, they will get a cushy sentence and then be traded 1000 to 1 for some Israeli, like Gilad Shalit, or released as a “good will gesture” as a result of pressure from the US and other do- gooders looking to get a Nobel Peace Prize. Then they will recycle and commit more acts of terrorism.
If Israel imposed the death penalty for terrorists, then yes, turn them over. Right now that is not the case. Where the govt. refuses to meet out justice, the citizenry is forced to do so.
(BTW, the concept of goel ha dam has no application here. That applies only where someone has killed, not merely tried to kill.)
#8 knows what he is talking about and how to handle these savages
Do you want to teach Israelis how to handle it ?
I am sure there will be plenty of volunteers who will fund your trip,as soon you are ready
Blind them and a blind man is like a dead man, and a burden for the rest of them, and a proof that it isn’t worth it to fight us.
Once wounded, just dress them with yarmulke and tzitzis. Duct tape over mouth with fake Charedi beard. Then drop them off in West Bank. Their brothers will “take care” of them.
How can you assume they are “no longer a threat?!” After Israel gives the terrorists medical care, and they recover, and go back out to the street to kill more Jews because we idiots let them live, then what?????