National Security Minister Itamar Ben-Gvir is leading the charge to pass a law applying the death penalty to terrorists. Hitherto, part of Israel’s mystique was that, as a country, it does not normally employ the death penalty.
In 1954, the death penalty for ordinary crimes was abolished by Israeli law. The sole execution after a trial in Israeli history was that of Adolf Eichmann. He was convicted of playing a major role in organizing the Holocaust and being responsible for the cruel treatment and death of millions of Jews.
Ben-Gvir claims he is upholding the Jewishness of the State of Israel. The death penalty for terrorists will show that Jews are not to be trifled with. Also, if terrorists are executed, there will be no hostage taking of Jews to bargain for the freeing of terrorists.
The death penalty in Judaism
During hearings in the Knesset, Ben-Gvir wore a golden noose pin to show off that the death penalty is coming (since hanging is one of the possible methods of execution). He sees the death penalty for non-Jewish terrorists as a macho statement of Jewish power and the value of Jewish life. The pin dramatized that he is not embarrassed but rather proud of Israel’s ability to put its enemies to death.
Ben-Gvir is apparently unaware that the rabbis of the Talmud sought to reduce or eliminate the death penalty. The Torah does say, “Whoever spills the blood of a human shall have his blood spilled [as punishment], for the human being was made in God’s image.” (Genesis 9:6).
But the rabbis apparently felt that this severe punishment was warranted to inculcate the sanctity of human life. However, by their time, Jewish culture had instilled the value of reverence for life in people. Therefore, in executing a murderer, the authorities would be weakening the taboo – the internalization of the preciousness of life – which deters people from killing.
The rabbis developed strict legal procedures for conviction that all but eliminated the death penalty, including the stipulation that if the murderer was not directly warned in advance that this act was liable for the death penalty, then he could not be executed! Furthermore, all death penalty cases were judged before a regional supreme court of 23 judges or the 71-member Great Sanhedrin. The Great Sanhedrin had to confirm every death penalty.
The Talmud reports (Makkot 7a) that if once in seven years the Sanhedrin approved an execution, then it became known as the “destructive Sanhedrin.” Rabbi Eliezer ben Azaria insists that if a Sanhedrin allowed an execution once in 70 years, it was considered to be a “destructive Sanhedrin.” Rabbi Akiva and Rabbi Tarfon added that if they were members of the Sanhedrin, they would never allow an actual execution. (The chief justice of the Sanhedrin thereupon said that the total abolition of the death penalty would increase the murder rate.)
Ben-Gvir feels that Rabbi Akiva and Rabbi Tarfon are “freier” – bleeding heart liberals. Therefore, he degraded the condition of imprisoned terrorists to the point of abusive treatment and inflicting hunger. He justified this treatment as payback for terrorism. He also joined with the opponents of prosecuting the guards at Sde Teman prison who were caught on video beating a Palestinian prisoner.
This indifference to the sanctity of the lives of non-Jewish people may also explain why he has failed to reach out to the Arab community or put together a major police effort to reduce the rampant murder plague in the Arab community.
Ben-Gvir apparently is unaware that the Talmud rules that even regarding the murderer so depraved as to be executed, which only happened once in seven or 70 years, the authorities are instructed to “choose a good death for him” (Pesachim 75a). Even a vicious murderer is entitled to a painless, non-tortured execution.
Furthermore, the Talmud says (Hagigah 15b) that when a wicked person is executed, God suffers deeply. The Shechinah (Divine presence) cries out, “Woe to Me from My Head” [I have a splitting headache], “Woe to Me for My Arm” [My body aches with sympathy pains].
The rabbis established the fundamental principle of reverence for life and insisted that even evil people be punished with decency and dignity. In degrading terrorists and criminals, Ben-Gvir is trashing Jewish religious values and cheapening everybody’s life.
Five decades ago, I debated with Ben-Gvir’s mentor and teacher, Meir Kahane, about how to use Jewish power, which we both agreed must be taken on by Jewry after the Holocaust. I insisted that out of memory of our own suffering, we should exercise our power greatly with moral restraint and as kindly as possible. See Exodus 23:9 – remembering our harsh treatment as outsiders in Egypt, we refrain from oppressing outsiders in our midst.
Kahane insisted that we were treated so badly in the Holocaust that we should use power without restraint and mistreat or crush our enemies. The apple doesn’t fall far from the tree.
The author is a senior scholar in residence at the Hadar Institute.