Q&A: Discrimination in Favor of Jews
Discrimination in Favor of Jews
Question
Hello Rabbi, why is it that when a gentile murders Jews it is a commandment to kill him, but when a Jew murders gentiles they do not kill him?
Answer
If you are looking for an explanation, I do not know. If you are looking for a moral justification, that can be found.
Let me begin by saying that there is a legitimate preference for members of the closer circles (my family, my people, all human beings). From Ukraine, I would first rescue members of my people and citizens of my state. I take care of the health and education first of all of the citizens of my people, and of the financial well-being of my family, and afterward of my people/state.
In this context, a distinction is made between human rights and civil rights. The prohibition against harming someone stems from a human right (it is forbidden to harm anyone), and indeed murdering a gentile is a Torah prohibition (a lighter one) and a moral prohibition (the same one). But the death penalty for a murderer is not a basic human right. It is a sanction greater than the minimum that is required, and therefore there is no problem with its being imposed only for the murder of a Jew.
Discussion on Answer
Interesting. I wasn’t familiar with that. But it is not entirely clear that this is really what is written there. For some reason, in the discussion of those who observe the seven commandments, he moves from murder to withholding wages.
In my opinion, it is not reasonable to say that a Jew is executed for murdering a Noahide who keeps the seven commandments, because he is not executed even for a resident alien.
I think the simplest explanation, based on my own reasoning, is that in the perception of the ancients a Jew’s life was more precious. That does not have to lead to an outlook that belittles the life of a non-Jew. Maimonides writes that for a Canaanite slave whom his master murdered, even unintentionally, the master is executed for him because the slave is obligated in commandments. A gentile, simply by virtue of being a gentile—even if he were righteous and observed the seven Noahide commandments—his place in the hierarchy, as something of value in the world, is far, far below that of a Jew, who is obligated in 613 commandments. That jars the modern ear, but in my view this was undoubtedly the thinking of the Sages, and the thinking of the medieval authorities (Rishonim) and later authorities (Acharonim) as well.
I explained above why this does not necessarily have to grate.
It is worth mentioning that according to the Meiri on Sanhedrin 57b, it appears that if the gentile is one who observes the seven Noahide commandments, a Jew who murdered him is executed for it.
Indeed, this is an opinion that is not mentioned anywhere else, but who knows whether the Sanhedrin might not adopt it.
https://www.sefaria.org.il/Meiri_on_Sanhedrin.57b.1?vhe=Meiri_on_Shas&lang=he