by Rabbi Avi Billet
Another terror attack in Israel this past Sunday morning. This time not “random.” This time an Arab co-worker, who knew his victims, tied them up and assassinated them. Does it get more evil than this? As a friend of mine put it (not in defense of terrorists), the terrorist kills for an idea, not targeting a specific victim. But this monster assassinated a young mother and a young father (of different families), knowing their family situations. Why? Because they were Jews.
In its history, the State of Israel has executed two people. The first – a Jew in the Independence War – was later exonerated. The second was Adolf Eichmann. Israeli law allows for the death penalty for “war crimes, crimes against humanity, crimes against the Jewish people, treason and certain crimes under military law during wartime,” which, when put into practical terms, means they only intend to use it against Nazis.
Terrorism can certainly be qualified as a crime against the Jewish people, but the Israeli electorate is split on the matter. Especially since, sadly, there are sometimes Jews (albeit extremely rarely, and condemned by the whole of Israeli society) who commit similar crimes. And if the law is to be applied equally, well then, there you have the issue.
The Torah has two views of the matter: One is human law, as applied to Noachides (all of humanity), and one as applied to Jews, which is defined by halakha – Jewish Law, as explained in the Oral Law and various Law Codes.
For the most part, Halakha dictates that a Jewish (Rabbinical) court should not be in the capital punishment business. These punishments are to be left in God’s hands.
But, Eichmann? Ah, yes. The indication is that Israeli law doesn’t necessarily follow halakha.
Which brings us to Noachide law, and the tale in our Torah portion. 'Only of the blood of your own lives will I demand an account. I will demand [such] an account from the hand of every wild beast. From the hand of man - [even] from the hand of a man's own brother - I will demand an account of [every] human life. He who spills human blood shall have his own blood spilled by man (Alternatively: One who spills the blood of a human that is within a human shall have his own blood be spilled), for God made man with His own image. 'Now be fruitful and multiply, swarm all over the earth and become populous on it.' (9:5-7)
In simple terms, a person who kills another person has diminished his own “Tzelem Elokim” (being in the image of God) to nothing through destroying (through murder) someone else’s “Tzelem Elokim.”
Pesikta, Targum Yonatan, Rashi, B’khor Shor, and others note that the death penalty can only be put into play if there are witnesses, and a trial before judges (some even require the witnesses to have warned the person).
Ibn Ezra declares there is a mitzvah to put to death one who murders someone else in public.
For our purposes, however, I think Rabbi David Kimchi’s (Radak) comment is most instructive.
If there are witnesses, it is the job of the judges to execute the murderer.
Humans having been created in the image of God, are the pinnacle (most honored) of Creation, God having given humans “seichel” (supreme intelligence and common sense). This is why all creatures are to revere/fear the humans. And humans should not destroy the body and “image” (reflective of God) of another. [A murderer] goes against GOD, to destroy His works. Humans were not even allowed to kill any animals until Noach was given permission! Even plant life was unavailable to humans until God allowed it. And God also commanded that murderers are to be put to death – this is only for those who are deserving of death based on their sin. The murderer has destroyed his own Tzelem Elokim through violating the commandment of God. There is no [longer a] Tzelem Elokim, and no “seichel” in one who [murders]. “Seichel” dictates to the servant to follow his Master’s commandments. Seichel should also prevent him from sinning in this manner, especially was his Master has specifically commanded not to kill.”
The Talmud says in Sanhedrin (56) that all death penalties for Noachides is beheading. Which leads to the question: Does video camera evidence count as witnesses? And will Israel ever be able to rid itself of the cancer that is the terrorist culture and society that celebrates these heinous acts of barbarism with smiles and the sharing of candy on the street?
A few years ago I read an article in National Review by Kevin D Williamson (“Why the Left Hates Jews” 4/29/16) which had a line I can really relate to.
“The Arab–Israeli conflict is a bitter and ugly one. My own view of it is that the Palestinian Arabs have some legitimate grievances, and that I stopped caring about them when they started blowing up children in pizza shops. You can thank the courageous heroes of the Battle of Sbarro for that. Israel isn’t my country, but it is my country’s ally, and it is impossible for a liberty-loving American to fail to admire what the Jewish state has done.
And that, of course, is why the Left wants to see the Jewish state exterminated.”While I won’t get into Left v Right, I think that the idea of wanting to exterminate (or eliminate, if one prefers a less violent word) the Jewish State is not only immoral. It is evil. And as that is what terrorists want, they are by definition evil. And the only way to defeat evil is to wipe it off the face of the earth.
In nicer terminology. Rabbenu Bachaye says in Parshat Re’eh that capital punishment is merciful: to the rest of society that never have to worry that this murderer will ever be free to murder again.
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