parsha of the week

An accounting of blood

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Another terror attack in Israel on Sunday morning. This time not “random.” This time, an Arab co-worker who knew his victims tied them up and murdered them. Does it get more evil than that? As a friend of mine put it, most terrorists kill for an idea, not targeting a specific victim. But this monster assassinated a young mother and a young father, knowing their families’ situations. Why? Because they were Jews.

In its history, the State of Israel has executed two people. The first — a Jew in the Independence War — has since been exonerated. The second was Adolf Eichmann. Israeli law allows for the death penalty for “war crimes, crimes against humanity, crimes against the Jewish people, treason and certain crimes under military law during wartime,” which, in practical terms, means they only intend to use it against Nazis.

Terrorism can certainly be qualified as a crime against the Jewish people, but the Israeli electorate is split on the matter. Especially since, sadly, there are sometimes Jews who commit similar crimes (albeit extremely rarely, and condemned by the whole of Israeli society).

The Torah has two views of the matter: One is human law, as applied to Noachides (all of humanity), and one as applied to Jews, defined by halacha.

Halachadictates that a Jewish rabbinical court should not be in the business of capital punishment. These punishments are to be left in G-d’s hands.

But Eichmann? Ah, yes. The indication is that Israeli law doesn’t necessarily follow halacha.

Which brings us to Noachide law, and our Torah portion: “Only of the blood of your own lives will I demand an account. I will demand [such] an account from the hand of every wild beast. From the hand of man — [even] from the hand of a man’s own brother — I will demand an account of [every] human life. He who spills human blood shall have his own blood spilled by man, for G-d made man in His own image [tzelem Elokim]. Now be fruitful and multiply, swarm all over the earth and become populous on it” (Bereishit 9:5-7).

In simple terms, a person who kills another person has diminished his owntzelem Elokimto nothing by destroying (through murder) someone else’s.

Pesikta, Targum Yonatan, Rashi, Bechor Shor, and others note that the death penalty can only be in play if there are witnesses, and a trial before judges. Some even require the witnesses to have warned the person. Ibn Ezra declares there is a mitzvah to put to death one who murders someone else in public. For our purposes, however, I think Radak’s comment is most instructive.

“If there are witnesses, it is the job of the judges to execute the murderer.

“Humans, having been created in the image of G-d, are the pinnacle of Creation, G-d having given humans seichel[intelligence and common sense]. This is why all creatures are to revere the human. Humans should not destroy the body and ‘image’ [of G-d] of another. … Humans were not even allowed to kill any animals until Noach was given permission! Even plant life was unavailable to humans until G-d allowed it.

“And G-d also commanded that murderers are to be put to death — only those deserving of death based on their sin. The murderer has destroyed his owntzelem Elokimthrough violating the commandment of G-d. There is no [longer a] tzelem Elokim, and no seichelin one who [murders]. Seicheldictates to the servant to follow his master’s commandments. Seichel should also prevent him from sinning in this manner, especially was his Master has specifically commanded not to kill.”

The Talmud says in Sanhedrin (56) that all death penalties for Noachides are beheading. Which leads to the question: Is video evidence enough of a witness? Will Israel ever be able to rid itself of the cancer that is terrorist culture, and a society that celebrates these heinous acts of barbarism with the sharing of candy on the street?

A few years ago, I read an article in National Review by Kevin D. Williamson (“Why the Left Hates Jews”) which had a line I can really relate to. “The Arab-Israeli conflict is a bitter and ugly one. My own view of it is that the Palestinian Arabs have some legitimate grievances, and that I stopped caring about them when they started blowing up children in pizza shops. You can thank the courageous heroes of the Battle of Sbarro for that. Israel isn’t my country, but it is my country’s ally, and it is impossible for a liberty-loving American to fail to admire what the Jewish state has done.  And that, of course, is why the Left wants to see the Jewish state exterminated.”

While I won’t get into the Left v. Right issue, wanting to eliminate the Jewish State is not only immoral. It is evil. Since that is what terrorists want, they are by definition evil. And the only way to defeat evil is to wipe it off the face of the earth.

In nicer terminology. Rabbeinu Bachaye says in Parshat Re’eh that capital punishment is merciful: to the rest of society, which will never have to worry that a murderer will be free to murder again.