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- Path: sparky!uunet!news.univie.ac.at!blekul11!frmop11!barilvm!f66204
- Organization: Bar-Ilan University Computing Center, Israel
- Date: Fri, 22 Jan 1993 11:35:23 IST
- From: Shaul Wallach <F66204@BARILVM.BITNET>
- Message-ID: <93022.113523F66204@BARILVM.BITNET>
- Newsgroups: talk.politics.mideast
- Subject: Re: leibowitz
- Distribution: talk
- References: <1993Jan15.1777.22692@channel1>
- Lines: 162
-
- While Wayne has not yet responded to the presentation
- and discussion of complete quotes of Maimonides from his
- Epistle to Yemen and elsewhere, there is another post of
- his containing quotes of Maimonides by Harkabi that should
- likewise not pass without comment.
-
- In article <1993Jan15.1777.22692@channel1>, "wayne mcguire"
- <wayne.mcguire@channel1.com> writes:
-
- > ...
- >Here are a few clips from Harkabi's Israel's Fateful Hour
- >(un-SGMLized) on Maimonides that are of interest:
- >
- >Harkabi, Yehoshafat. Israel's Fateful Hour. New York: Harper &
- >Row, 1988. Page 150.
- >
- > Rabbi Yisrael Ariel, in a collection of articles intended to
- > justify the religious terrorist Underground that emerged in
- > Israel in the mid-1980's, explained that the killing of a
- > non-Jew is not considered murder:
- >
- > Anyone who looks through the code of Maimonides, which is
- > the pillar of _halakha_ in the Jewish world, and searches
- > for the concept "thou shalt not murder" or the concept
- > "holy blood" with regard to the killing of a non-Jew will
- > search in vain, because he will not find it.... It
- > follows from Maimonides' words that a Jew who killed a
- > non-Jew was exempt from human judgement, and has not
- > violated the prohibition on murder. As Maimonides writes
- > in the Law of Murderers: "A Jew who killed a resident
- > alien is not sentenced to death by a court of law"
- > (_Zeffiyra_).
-
- While we don't have Harkabi's book, we do have the magazine
- "Zefiyya" (as it should be read) and I have checked out the article
- by Rabbi Ariel that Harkabi has quoted. It turns out that R. Ariel
- admits at the beginning of his article that the Gush Emunim
- movement, along with its rabbis, overwhelmingly condemned the
- killings in Hebron by the Jewish Underground. These leaders of the
- settlers themselves were the ones who called the killings "murder"
- and applied the concept of "holy blood" to non-Jews. As Ehud
- Sprinzak has explained in his book (cited by Wayne), R. Ariel
- represents the most extreme element of the settlement movement
- and is outside the mainstream of Gush Emunim.
-
- Moreover, a closer look at Maimonides does not support
- R. Ariel's claim that killing a non-Jew is not murder. For in
- the Laws of Murder (5:3) Maimonides rules that a Jew who
- accidentally kills a non-Jew is sentenced to exile just as
- a Jew who accidentally kills a Jew. The ruling cited by R. Ariel
- pertains to intentional murder, for which the death sentence
- applies to a Jew only when he murders a Jew, but not when he
- murders a non-Jew. The fact that he is not sentenced to death
- does not mean he has not committed murder. Indeed, the Rabbinic
- source of Maimonides' ruling (the Mechilta) states that his
- sentence is "handed over to Heaven". While the severity of
- this sentence cannot be determined from the context, there
- are other crimes (eg. profanation of the Sabbath) in which
- Divine punishment is more severe (excision from the World to
- Come) than that of a human court.
-
- In Jewish Law there are exigencies in which a human court
- of law that cannot apply the Biblical death sentence may
- nevertheless have the criminal killed or sentenced to life
- imprisonment if the situation warrants it. My rabbi, an expert
- on Maimonides who has a strong Zionist leaning, affirmed to me
- that in a situation where a deterrent is needed to prevent Jews
- from killing non-Jews and a general deterioration of relations,
- Jewish Law would permit application of these extra-Biblical
- measures.
-
- It is worth noting that discussions of this crime are
- conspicuously absent from the Rabbinic Jewish responsa literature.
- In a search of our database of responsa here at Bar-Ilan, I
- found many discussions of cases where non-Jews had killed
- Jews, in which cases evidence of death was needed in order
- to permit the widows to remarry, but none of cases where
- Jews had killed non-Jews. I do remember seeing a responsum
- of R. Yoel Sirkis of 17th century Poland, who permitted the
- handing over of a Jew wanted by the authorities for an alleged
- crime, in the face of a threat to the entire community.
-
- >Harkabi, Yehoshafat. Israel's Fateful Hour. New York: Harper &
- >Row, 1988. Pages 160-161.
- >
- > The victory of 1967 led certain extremists to the belief
- > that the age had in fact come when Israel was stronger than
- > the nations of the world, or nearly so. Maimonides
- > explained that the restrictions on idolators (identified
- > with non-Jews in general) are applicable only in such a
- > period: "The foregoing rules applied to the time when the
- > people of Israel lived reviled among the nations, or when
- > the gentiles' power is predominant. But when Israel is
- > predominant over the nations of the world, we are forbidden
- > to permit a gentile who is an idolator to dwell among us"
- > (_Avoda Zara_, 10:6). Thus Maimonides distinguished between
- > two periods: when "the nations of the world are stronger
- > than Israel," and their wrath is to be feared, and when
- > "Israel is stronger than the nations of the world," and may
- > treat them in a high-handed manner.
- >
- > Thus the alteration in the theological climate derives from
- > the change in the political climate, whose most conspicuous
- > expression is the endorsement of power-politics in the
- > spirit of the Jabotinsky-Begin ethos, and thus the judgement
- > that the political and military situation permits a policy
- > aimed at annexing the territories occupied in 1967. The
- > adoption of a provocative attitude toward non-Jews is also
- > consonant with this ethos. Thus, nationalistic religious
- > Jews have an interest in seeing the supporters of the
- > Jabotinsky-Begin ethos amass political power and hold the
- > reins of government. The claim that they support Likud
- > because of the subventions they receive is only part of the
- > truth; there are strong ideological affinities as well.
- > Thus religious extremism is not an indigenous theological
- > growth engendered by religious developments: it is a product
- > of historical and political factors.
- >
- > The common adoration of power links extremist nationalist
- > religion and the Jabotinsky-Begin ethos....
- >
- >These particular Maimonidian ideas are of relevance to
- >contemporary Israel, as you can see.
- >
- >Do you have any cogent remarks to make about Harkabi's analysis?
- >His book has been read carefully and respectfully by many
- >Americans in the national security community, I've heard.
-
- As the last election in Israel has shown, "extremist
- nationalist religion" as viewed by Harkabi is popular with only a
- tiny minority of Israelis today. I believe Sprinzak has also stated
- that even among the settlers, only a minority support forcible
- transfer of the Palestinians.
-
- Like Harkabi's previous passage, this passage also quotes
- Maimonides selectively. His ruling pertains only to idolators, but
- not to non-Jews who have accepted the seven basic commandments of the
- Sons of Noah: the ban on idolatry, blasphemy, theft, incest, murder
- and the eating of flesh torn from a live animal, and institution of
- courts to enforce these laws. Any non-Jew who accepts this
- basic code of humane conduct is permitted to live in the Land
- of Israel even when Israel is stronger and in control. Since
- Maimonides ruled explicitly that Muslims are not idolators,
- they would be eligible to qualify as Sons of Noah under these
- circumstances (i.e. when Israel is stronger and in control).
- In the Laws of Kings, Maimonides tells us how to act towards
- these people, who are also called "resident converts" (gerei
- toshav):
-
- "... And it would seem to me that we deal with resident converts
- in good manners and charity as with an Israelite, for we are
- commanded to sustain them ... Even the heathens, the Sages
- commanded to visit their sick, and to bury their dead with
- the dead of Israel, and to support their poor together with
- the poor of Israel for the ways of peace, for it is said,
- 'The Lord is good to all, and his mercy is on all his works',
- and it is said, 'Its ways are ways of pleasantness, and all its
- paths are peace'".
-
- Shalom,
-
- Shaul Wallach
-