Regarding a Jewish soldier who killed a captive terrorist

שו”ת › Category: Halacha › Regarding a Jewish soldier who killed a captive terrorist

asked 9 years ago

Respected Rabbi, the famous rabbi, to the restitution of Rabbi Zvi Reizman, Shlita
Owner of ‘Running Like a Deer’

Shochts and Patka Taba

Regarding his well-received article regarding a Jewish soldier who killed a captive terrorist, which was cited by the Rabbinate in this issue in the Totod regarding a persecutor, etc.
And, for the record, the Rabbis did not discuss the starting point of this matter, which is whether there is a prohibition at all against killing this Gentile, as follows:
In the Sanhedrin 57:1, it is forbidden to kill a Gentile, and in the Sages (see Mechilta Mishpatim 44:1 and more) it is said that his death is in the hands of God. And indeed, the BH 31:18, and so is the BH 32:2 and the BH 33:26, where they wrote that it is forbidden to kill him specifically if he is fulfilling the seven commandments of the children of Noah. And in the BH 37:1, there is no prohibition at all on killing him, since he is not fulfilling the seventh commandment of the children of Noah. (And in the BH 37:1, there is a prohibition on killing him, since he is not fulfilling the seventh commandment of the children of Noah.)

And regarding his discussion of killing a foreigner during war, here are some explicit statements in Yerushalmi Kedushin 14:11, “In war, it is better to kill than the Gentiles,” and in Tractate Sofrim 55. And so the reasoning (Ez 22:1) and Zel: “Yerushalmi Kedushin interprets, ‘Is it better to kill than the Gentiles,’ meaning in war, as it is written, “He who fears the word of the Lord, etc., and takes six hundred chariots, etc., and even on their backs are Gentiles who worship the Lord and transgress the seven commandments, they do not dismount them,’ as it is written in Yerushalmi Kedushin, and all the people who are found in it, and they shall be your tribute and serve you,” etc. And Rambam says, “A murderer in Ez 21 and Tos 27:26, and not and thank God, who is he?” And in Mekhilta and Rabbanu, in my life, I sent this, and I have shortened it because I have no time now.

The blessing of the Blessed One with a great blessing of gratitude

Shmuel Baruch Gnut
Mahas from the year of Tefillin, Shalhidkeita, and Samuel said, Speak for the time

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מיכי Staff answered 9 years ago

Greetings to Rabbi Genut. I received your letter to Rabbi Reisman with comments about killing a Gentile. I did not read the original article, but the comments here are extremely serious and, in fact, completely wrong. I will comment very briefly, and let the wise man continue to be wise. Killing a Gentile is forbidden by the Torah, “shedding human blood,” but there is no death penalty for it in the Torah. And in the Torah, it is written that it is forbidden to kill any viable being. Although the poskim you cited seem to indicate that there is permission to lower him into a pit if he does not fulfill the seventh commandment of the didahu, and it would seem from this that the prohibition is only for a resident alien. But this is not because such a gentile is not prohibited from murder, but because they are suspected of shedding blood (especially when they are in war with us). Furthermore, Maimonides wrote in Pihamas Bk 37 (37 or 103) about the restitution of a loss that what is not returned to them is because they behave like a wild animal, and from the entirety of his words we learn that when they do not behave like this, the prohibition returns to its place and they are judged as Jews (even if they did not receive the seventh commandment of the resident alien). And now, the words of the Meiri are well known that the Gentiles of our time, who are bound by the manners of the nations, have a different law, and after all, they are like Israel in all their words. And in my articles I showed that this is not because they are not a foreigner or have a boundary of a resident alien, but rather it is a final law. Perhaps its origin is in the words of the Maimonides mentioned above. And in the daily pamphlet, the Meiri permits even the desecration of Shabbat (even simply in the works of the Torah) for their salvation. And the explanation of the matter is that the position of the Gentiles, who in the days of the Sages and the early ones were held to be wicked who behaved like animals, has changed, unless they have received seven commandments. Therefore, they determined that there is no positive relationship between a person and his fellow man, and even the prohibition of murder against him, has been established. But the situation is completely different, and the law has returned to its place. God forbid, we discuss these serious matters in light of the words of the Poskim who have considered this from the sources of the Sages without discussing the actual situation in our day. And is it because we imagine that we will do something?! Let the matter sink in and not be spoken of. And in times of war, of course, one cannot bring evidence for anything, especially since the laws of war depend on the consent of the nations (see the articles of Rabbi Shaviv in Tecumin and more), and indeed, of course, international law has changed greatly in the past. And in the Enad, there is a limit to the Dina Demalchuta for the consent of all nations. Above all, this entire discussion is only on the level of halakhic prohibition. But on the moral level, it is not permissible to kill any creature in the world unless there is an absolute necessity to do so. After all, even plants have a reason not to be corrupted, and how could the great city of Nineveh not be spared? And did humans deprive plants and animals of their food? And something similar is said in the Torah of Rabbi Shekap regarding the laws of property, that even if there is no Torah prohibition against stealing from a Gentile, there is a legal prohibition in this (which is also a prohibition from the Torah), and the law is for souls. And I wrote it.

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