Q&A: The Death Penalty Law for Terrorists
The Death Penalty Law for Terrorists
Question
Today, on the 19th of Cheshvan 5786, Rabbi Landau expressed his instruction to the Degel HaTorah faction to vote against the law imposing punishment on terrorists, for the reason of a “concern for bloodshed.” Is there any substance to his claim? How should this issue be approached from the standpoint of Jewish law?
Answer
You mean Rabbi Lando, I assume.
First, in my understanding, Jewish law has nothing to contribute to this discussion. At most, one could discuss the question of whether it is permissible to kill a gentile terrorist, since we do not have an ordained religious court. A nice bit of pilpul, but the answer is obviously yes. A state can kill people who endanger it, and even as a punishment under the law of the kingdom. In the discussion of whether it is worthwhile to legislate such a law, the considerations are political and security-related, not connected to Jewish law.
Second, I would add that I wish I could believe he is acting from substantive motives because that is what he thinks (though I assume he really does think so), and not for reasons of being for or against the coalition; and I wish I believed in his understanding of reality.
Discussion on Answer
The law today already allows judges to impose the death penalty,
and there is no need for new legislation at all.
A state can and should kill terrorists with no connection whatsoever to their religion.
Hello and blessings. I am surprised that you are discussing the subject of the death penalty without bringing sources from Jewish law and Judaism. For that purpose, I am copying the link at the end of my comment so that you can open Jewish sources on the subject. Good luck.
https://www.toraland.org.il/%D7%9E%D7%90%D7%9E%D7%A8%D7%99%D7%9D/%D7%97%D7%91%D7%A8%D7%94-%D7%95%D7%9E%D7%A9%D7%A4%D7%97%D7%94/%D7%90%D7%A7%D7%98%D7%95%D7%90%D7%9C%D7%99%D7%94-%D7%91%D7%97%D7%91%D7%A8%D7%94/%D7%A2%D7%95%D7%A0%D7%A9-%D7%9E%D7%95%D7%95%D7%AA-%D7%9C%D7%9E%D7%97%D7%91%D7%9C%D7%99%D7%9D/
Thanks for the reference. I do not know whether you read what I wrote. I think the article you sent proves my point very well: that Jewish law has nothing to add to this matter.
I explained above that the question of whether this is worthwhile is a political and security question, and Jewish law has nothing to say about it. Assuming the government has decided that it is indeed necessary, the question arises whether it is permissible to impose the death penalty, which is ostensibly a halakhic question. But here too the discussion is unnecessary. As I wrote, it is plainly and obviously permitted, and no sources are needed for that. Set aside halakhic religious courts here. The fact that we do not have ordained judges is not important, because even an informer is executed nowadays. But in the State of Israel, in any case, cases are not judged according to the Torah. The decisions about what is permitted and forbidden are made by the legal system. And even according to Jewish law, a king can certainly put people to death. After all, he can wage an optional war, and he can impose death penalties as he sees fit, so certainly when it comes to deterrence and the prevention of life-threatening danger. So what is there to debate here and bring sources for?
People have an urge to turn everything into a halakhic question in order to show that Jewish law is supposed to guide us in all areas of life, and I have already commented on that more than once. In questions like this, Jewish law is not relevant. And even if it has some relevance (one can ask whether it is permissible to impose the death penalty from a halakhic standpoint), it is obvious and does not require any real discussion, as here.
Why don’t you refer people to the column you wrote about this? https://mikyab.net/posts/8982/?doing_wp_cron=1763139781.0518589019775390625000
I didn’t remember that column. 🙂
There is a claim that it is problematic to legislate a death penalty law because, if necessary, we would also have to execute Jewish terrorists, and that is problematic from a halakhic standpoint. If we say that a state can defend itself and kill people who endanger it, but given that Jewish terrorists endanger only Arabs and not Jews, can one say that the state is not itself endangered by this? Let us put aside the international consequences of unequal treatment.
What does the Rabbi think? Is there room for doubt here?