חדש באתר: עוזר בינה מלאכותית המבוסס על כתביו ושיעוריו של הרב מיכאל אברהם

Q&A: Regarding a Jewish soldier who killed a bound terrorist

Back to list  |  🌐 עברית  |  ℹ About
Originally published:
This is an English translation (via GPT-5.4). Read the original Hebrew version.

Regarding a Jewish soldier who killed a bound terrorist

Question

To the honorable, distinguished, eminent Rabbi, famous for responsa, Rabbi Zvi Reisman, may he live a good long life, amen,
author of Runs Like a Deer,
 
Greetings and a good inscription,
 
Regarding his delightful article about a Jewish soldier who killed a bound terrorist, in which his honor discussed at length and in depth the matter of a pursuer and so on.
In my humble opinion, however, his honor did not address the starting point in this case, namely: is there בכלל any prohibition against killing this gentile? As follows:
In Sanhedrin 57a it states that it is forbidden to kill a non-Jew, and Hazal say (see Mekhilta, Mishpatim ch. 4 and elsewhere) that his death is at the hands of Heaven. However, the Beit Yosef, sec. 158, and likewise the Shakh there sec. 2 and Nekudat HaKesef there, wrote that it is forbidden to kill him specifically if he observes the seven Noahide commandments. According to this, in the case of a terrorist who stabbed Jews with a knife, there is no prohibition at all against killing him, since he does not observe the seven Noahide commandments. (And this requires further analysis in the case of a terrorist who stabbed and wounded but did not succeed in murdering because they caught him; among gentiles, evil intent combines with the act, and especially since he came to murder, only they stopped him against his will.)
 
As for his discussion of killing a gentile in wartime, this is explicit in Jerusalem Talmud Kiddushin 4:11: “In wartime, kill even the best of the gentiles,” and so too in Tractate Soferim ch. 15. And so wrote the Nimukei Yosef (Avodah Zarah 22a): “In the Jerusalem Talmud on Kiddushin it explains that what we say, ‘In wartime, kill even the best of the gentiles,’ means in wartime, as it is written, ‘Whoever feared the word of the Lord…’ and [nevertheless] ‘he took six hundred chariots…,’ etc. And even though gentiles in general are idol worshipers and violate the seven commandments, we do not lower them into a pit, because regarding the other nations it is written, ‘And all the people found in it shall become your forced labor and shall serve you,’” end quote. See also Maimonides, Laws of Murderer 4:11, and Tosafot on Avodah Zarah 26 s.v. “But,” and Tosafot s.v. “Who is,” and in the Mekhilta and Rabbenu Bahya on Beshalach on this matter; I am being brief for lack of time at the moment.
 
Your devoted correspondent, who blesses him with deep gratitude,
 
Shmuel Baruch Ganot
author of Mishnat Tefillin, Shalehdeikaita, Vayomer Shmuel, Davar LaMoed

Answer

Rabbi Ganot, greetings.
Your letter to Rabbi Reisman reached me, containing comments about killing a gentile. I did not read the original article, but from the comments here the matters are extremely serious and, in my humble opinion, thoroughly mistaken—especially in practice. I will comment very briefly; give to the wise, and he will become wiser still.
Killing a gentile is forbidden by Torah law under the rule of “whoever sheds the blood of a person,” except that there is no death penalty for this in a religious court. And the Sefer HaChinukh wrote that it is forbidden to kill any living being.
True, from the halakhic authorities you cited it would seem that there is permission to lower him into a pit if he does not observe their seven commandments, and seemingly this implies that the prohibition applies only to a resident alien. But in my humble opinion, this is not because there is no prohibition of murder regarding such a gentile, but because they are presumed suspect with regard to bloodshed, especially when they are in a state of war with us. Maimonides also wrote in his Commentary to the Mishnah on Bava Kamma (37 or 113) regarding returning lost property, that the reason their lost property is not returned is because they conduct themselves like wild beasts; from his words it follows that when they do not behave this way, the prohibition returns to its place and their status is like that of Jews in this respect, even if they did not accept the seven commandments as a resident alien.
Now, the well-known words of Meiri are that the gentiles of our time, who are bound by the norms of civilized nations, have a different status, and are like Jews in all these matters. In my article I showed that this is not because they are not idol worshipers or because they have the status of a resident alien, but rather it is an absolute rule. Perhaps its source is in the aforementioned words of Maimonides. And in chapter 8 of Yoma, Meiri even permits desecrating the Sabbath to save them—plainly, even by Torah-level prohibited labors.
The explanation is that the presumption regarding gentiles has changed. In the days of the Sages and the medieval authorities (Rishonim), they were presumed to be wicked people who behaved like animals, unless they had accepted the seven commandments. Therefore it was established that no interpersonal obligations applied toward them, and there was not even a prohibition of murder. But nowadays the situation is completely different, and the original law has returned to its place. Heaven forbid that we discuss such grave matters in light of statements by halakhic authorities who weighed and analyzed sources from the words of the Sages without discussing practical ruling for our time. Just because we draw analogies, shall we act on them?! Let such a thing be buried and never said.
And from wartime one can bring no proof to anything, obviously—especially since the laws of war depend on the agreement of the nations (see the article by Rabbi Sheviv in Techumin, among others), and today, of course, international law has changed greatly, thank God. In my humble opinion, the agreement of all nations has the status of the law of the land.
Above all, this whole discussion is only on the plane of halakhic prohibition. But on the moral plane, there is no permission to kill any creature in the world unless there is absolute necessity for it. After all, even plants are covered by the prohibition of needless destruction; so how could one not have pity on Nineveh, that great city? Are human beings worse than plants and animals? Something similar appears in Rabbi Shimon Shkop’s theory of legal rights, stated regarding monetary law: even if there is no Torah prohibition against stealing from a gentile, there is a legal-moral prohibition in it—which is also on the level of a Torah prohibition—and this is all the more so regarding human lives.
That is what seems correct to me.

Leave a Reply

Back to top button