Jewish Law Forbids Killing Subdued Terrorists

During the ongoing wave of deadly terrorist attacks in Israel, there reportedly have been a few instances in which bystanders attacked the perpetrators after the latter had been rendered incapable of causing further harm. Shlomo Brody presents a halakhic perspective on such behavior:

The [talmudic] sages contend that the verse “You shall not stand idly by the blood of your neighbor” (Leviticus 19:16) not only demands saving a friend from drowning or from a hungry lion, but further dictates stopping an assailant from committing murder. This mandate was extended to both threatened victims and bystanders alike. . . .

Jewish scholars debated what guidelines might be issued for those trying to stop the assailant. . . . [I]t is not always easy to know when a threat has been fully neutralized, especially when a wounded terrorist continues to struggle. Nonetheless, [there is a general consensus that] once the assailant is clearly incapacitated, one is not allowed to kill him, whether out of [a desire for] vengeance or [a sense] of vigilante justice.

Read more at Jerusalem Post

More about: Halakhah, Israel & Zionism, Morality, Palestinian terror, Religion & Holidays

 

Hostage Negotiations Won’t Succeed without Military Pressure

Israel’s goals of freeing the hostages and defeating Hamas (the latter necessary to prevent further hostage taking) are to some extent contradictory, since Yahya Sinwar, the ruler of the Gaza Strip, will only turn over hostages in exchange for concessions. But Jacob Nagel remains convinced that Jerusalem should continue to pursue both goals:

Only consistent military pressure on Hamas can lead to the hostages’ release, either through negotiation or military operation. There’s little chance of reaching a deal with Hamas using current approaches, including the latest Egyptian proposal. Israeli concessions would only encourage further pressure from Hamas.

There is no incentive for Hamas to agree to a deal, especially since it believes it can achieve its full objectives without one. Unfortunately, many contribute to this belief, mainly from outside of Israel, but also from within.

Recent months saw Israel mistakenly refraining from entering Rafah for several reasons. Initially, the main [reason was to try] to negotiate a deal with Hamas. However, as it became clear that Hamas was uninterested, and its only goal was to return to its situation before October 7—where Hamas and its leadership control Gaza, Israeli forces are out, and there are no changes in the borders—the deal didn’t mature.

Read more at Jerusalem Post

More about: Gaza War 2023, Israeli Security