Jan 27, 2009
Does Jewish law permit he State of Israel to attack Gaza, even if civilians are killed?
1) Jewish Law Requires the Use of Force to Stop those Attacking Jews.
In Exodus 22:1 the Torah states if a "thief is discovered tunneling [into a house in order to break in) and is beaten and dies, there is no bloodguilt in his case" The Talmud explains the thief knows the homeowner will try to fight off the attack and is prepared to kill the homeowner. The owner is acting in self-defense. The Talmud (Sanhedrin 72a) derives the principle, "if someone comes to kill you, you must kill him/her first," from this case.
One of the greatest Jewish thinkers, Moses Maimonides, called the Rambam, differentiates between a permitted war and a required war. He writes, a war is required (a mitzvah) when its purpose is "to help Israel against an enemy who attacks them".
There is no doubt that Israel must stop Hamas, which has launched thousands of rockets against Israeli civilians. Indeed, many suggest that Israel made a terrible mistake in not responding more forcefully when the rocket attacks began.
2) Jewish Law requires avoiding the deliberate killing of non-combatants.
Nearly 2,000 years ago, the Jewish authority Philo of Alexandria (Egypt), wrote, "Jews do not deliberately kill non-combatants" (The Special Laws 4:224-225).
Israel has gone to unprecedented lengths to avoid killing civilians, including dropping leaflets and calling Gazans on cell phones and warning them of an attack. Israel ceases firing for three hours each day to give the civilians a chance to go outside, safe from danger.
3) Hamas is responsible for all deaths, both Israeli and Palestinian.
Although Israel is condemned for the death of Palestinian civilians, it is Hamas that violates international law. First, Hamas deliberately targets Israeli citizens. Hamas has fired nearly 10,000 missiles at Israel. Casualties have been low because Israel tries to protect its civilians. It has created an early warning system. Public buildings have shelters, as do many homes. What this means is that nearly three quarter of a million Israelis live with the threat of missile attacks. Their lives are in jeopardy and they suffer from post-traumatic stress disorder. No country in the world would allow its citizens to be similarly terrorized.
Second, Hamas uses Palestinians as human shields, it deliberately places military targets in civilian areas. This means that when Israel retaliates, Palestinians are injured or killed. Here too, Hamas is responsible for their deaths. Alan Dershowitz, a well-known lawyer and professor at Harvard law school makes the analogy between Hamas and a bank robber. If a robber takes a hostage and the police, while trying to stop the criminal, accidentally kill the hostage, the robber is guilty of murder. The reason is that the robber endangered the hostage by placing the hostage in the line of fire.
Hamas is guilty for the deaths of both Israelis and Palestinians. Yet, Hamas is seen as heroes in the Arab world. International condemnations mean nothing to Hamas. Hamas is an evil force, willing to kill civilians or cause to be killed. As long as the Palestinian people permit them to continue, they will suffer the consequences.
Israel has the obligation to defend its citizens. Sixty years ago, the world refused to defend Jews from genocide. Today, the world seems unwilling to allow Jews to defend ourselves.
Subscribe to:
Post Comments (Atom)
2 comments:
Perhaps I'm saying this simply to encourage you to continue writing but I think your "blog" is awesome. You not only summarize large themes and concepts but provide insights and commentary relevant to life.
-Evan
Your blog is awesome. You summarize big concepts and themes while also adding useful insights that are relevant to the life of the average person. To top it off you do all this in short essays that don't take forever to read!
Post a Comment