Last year, I reported on a convention of top Israeli rabbis who gathered to defend the publication of Torat Hamelech, a book that relied on rabbinical sources to justify the killing of gentiles, including infants “if it is clear that they will grow up to harm us.” The most prominent rabbinical endorsers, Kiryat Arba’s chief rabbi Dov Lior and Yaakov Yosef, had dismissed police summons at the time, insisting that man’s law could not touch the halakha. A year later, in late June, the Israeli police finally arrested Lior for his role in endorsing and promoting the book.
Riots broke out almost immediately in the wake of the arrest, with mobs of religious Zionists burning tires and attempting to storm the Israeli Supreme Court compound. Fearing more riots and with sales of Torat Hamelech surging, the police handled Rabbi Yosef with kid gloves, requesting he come in for questioning but not arresting him. In the end, the state neglected to remove Lior, Yosef, or any other state-employed rabbi from his position for endorsing Torat Hamelech.
Why is Torat Hamelech so explosive? Yuval Dror, an Israeli journalist and academic, excerpted some of the book’s most incendiary passages. What appeared was Jewish exclusivism in its most extreme form, with non-Jews deemed permissible to kill, or Rodef, for the most inconsequential of wartime acts, including providing moral support to gentile armies. The book is a virtual manual for Jewish extremist terror designed to justify the mass slaughter of civilians. And in that respect, it is not entirely different from the Israeli military’s Dahiya Doctrine, or Asa Kasher and Amos Yadlin’s concept of “asymmetrical warfare.” The key difference seems to be the crude, almost childlike logic the book’s author, Rabbi Yitzhak Shapira, marshals to justify the killing of non-Jewish civilians.
Here are passages from Torat Hamelech, as excerpted by Dror and translated by Dena Bugel-Shunra:
II. Thou Shalt Not Commit Murder
Maimonides wrote in the Halachas of Murder, Chapter A, Halacha A:
He who kills one soul of Israel violates a prohibition, as it is said “thou shalt not commit murder, and if he committed murder maliciously, in front of witnesses, his death shall be by the sword…
It is therefore made explicit that the “thou shalt not commit murder” prohibition refers only to a Jew who kills a Jew, and not to a Jew who kills a gentile, even if that gentile is one of the righteous among the nations… we have derived that from the verse “thou shalt not commit murder”, one cannot learn that there is a prohibition on killing a gentile.
I. A gentile must not kill his friend, and if he has killed, he must die.
II. The prohibition “thou shalt not commit murder” refers to a Jew who kills another Jew.
III. A Jew who kills a gentile is not required to die.
IV. The prohibition on a Jew killing a gentile derives from the fact that a gentile is not allowed to kill a gentile.
I. A gentile is killed for one death, and with one judge
A gentile who violates one of the seven rules [of Noah] must be killed, and he is killed based on the word of one witness and with one judge and with no warning.
II. A witness becomes a judge
For the Sons of Noah [gentiles] the witness can himself be a judge. This mean: if one person saw the other committing a crime – he can judge him and kill him for this, as he is the witness and he is the judge… Moses [moshe rabbenu] saw the Egyptian hitting a man of Israel, and killed him for that. So there Moses is the witness and is the judge, and this does not delay the carrying out of the law upon the Egyptian.
What transpires from these matters is that when you judge a gentile for crimes that he has committed – you must also consider the question of whether he has repented, and if he has – he must not be killed… moreover: it is better that the gentile repent than that we kill him. If we come upon a gentile who does not abide by the Seven Laws [of Noah], and the importance of abiding by them can be explain to him, so he will repent – we would prefer to choose that path, and not judge an kill him.
It is explained in Yerushalmi [codex] that when a [child of] Israel [a Jew] is in danger of his life, as people tell him ‘kill this particular gentile or you will be killed’ – is permitted to kill the gentile to save himself… and the [interpreters of the law] Rashi and Maimonides say that the law of requiring to die rather than commit the crime is only valid in case of a Jew against another Jew, not in the case of a Jew against a stranger living among them… It is clear from these statements that when the choice is between losing the life of a stranger living among them and losing the life of a child of Israel [a Jew] – the simple decision is to permit [the killing].
When the question is of a life of a gentile weighed against the life of a child of Israel [Jew], the initial proposal returns, which is that a Jew can violate law in order to save himself, as what is at stake is the soul [life] of a Jew – which supersedes the entire Torah [code of law] - in contrast with the life of a stranger living among us, which does not permit any Torah prohibition to be superseded.
To save the life of a gentile, one does not violate the Sabbath rules, and it is clear from this that his life is not like the value of the life of a child of Israel, so it may be used for the purpose of saving the life of a child of Israel.
An enemy soldier in the corps of intelligence, logistics, and so forth aids the army that fights against us. A soldier in the enemy’s medical corps is also considered a “rodef” [villain who is actively chasing a Jew], as without the medical corps the army will be weaker., and the medical corps also encourages and strengthens the fighters, and helps them kill us.
A civilian who supports fighters is also consider Rodef, and may be killed… anyone who helps the army of the evil people in any way, strengthens the murderers and is considered to be Rodef.
III. Support and encouragement
A civilian who encourages the war - gives the king and the soldiers the strength to continue with it. Therefore, every citizen in the kingdom that is against us, who encourages the warriors or expresses satisfaction about their actions, is considered Rodef and his killing is permissible. Also considered Rodef is any person who weakens our kingdom by speech and so forth.
We are permitted to save ourselves from the Rodef people. It is not important who we start with, as long as we kill the Rodef people, and save ourselves from the danger they pose. And see for yourself: if you say that the fact that there are many of them brings up the question of whom to start with, and that that question is supposed to delay us from saving for ourselves - why it stands to reason: the existence of any one of them postpones the salivation, and this is the reason to treat each and every one as a complete Rodef, and to kill him, so he will not cause this ‘life-threatening’ question…
Whoever is in a situation where it is clear that he will chase and danger us in the future - it is not necessary to give it fine consideration as to whether at this moment, exactly, he is actively helping the chasing [harassment?] of us.
X. People who were forced to partner with the enemy
We have dealt, so far, with gentiles whose evil means that there is a reason to kill them. We will now turn to discuss those who are not interested in war and object to it with all force…
We will start with a soldier, who is party to fighting against us, but is doing so only because he has been forced by threats to take part in the war.
If he was threatened with loss of money and such things - he is completely evil. There is no permission to take part in chasing and killing due to fear of loss of money, and if he does so -he is a Rodef in every definition thereof.
And if he was threatened that if he would not participate in the war, he would be killed - according to the MAHARAL [rabbi]… just as he is permitted to kill others - so, too, can others (even gentiles)kill him, so we will not die. And for this reason, according to the MAHARAL, it is simply evident that such a soldier may be killed.
And according to the Parashat Drachim [rabbi? Or possibly book of law?] - he must not participate in the murdering even if he must give his life due to this. And if he does so [participates] - he is evil and may be killed, like any other Rodef.
We will remind, again, that this discusses all types of participation in the war: a fighter, a support soldier, civilian assistance, or various types of encouragement and support.
When discussing the killing of babies and children - why on the one hand, we see them as complete innocents, as they have no knowledge, and therefore are not to be sentenced for having violated the Seven Laws, and they are not to be ascribed evil intent. But on the other side, there is great fear of their actions when they grow up… in any event, we learn that there is an opinion that it is right to hurt infants if it is clear that they will grow up to harm us, and in such a situation the damage will be directed specifically at them.
IV. Killing the enemy like killing our own men
If the king is permitted to kill his own men for the purpose of war - that same opinion also holds with regard to people who belong to the evil kingdom. In a war of righteous people against evil people, we assume that the evil will eventually hurt us all, if we let it raise its head, and the people of the evil kingdom will also suffer from it.
We are, in fact, arguing to any person from the evil kingdom: if you belong to the evil king - you are liable to be killed for helping murderers; and if you do not help him - you should help us, and it is permissible to kill you as we kill our own people (as we are all in trouble together, and in such a situation it is permissible to kill the few in order to save the many.)
This theory also permits intentional hurting of babies and of innocent people, if this is necessary for the war against the evil people. For example: If hurting the children of an evil king will put great pressure on him that would prevent him from acting in an evil manner - they can be hurt (even without the theory that it is evident that they will be evil when they grow up.)
One of the needs which exists, in the hurting of [Evil people?] is the revenge. In order to beat [win the war against] the evil people, we must act with them in a manner of revenge, as tit versus tat…
In other words, revenge is a necessary need in order to turn the evil-doing into something that does not pay off, and make righteousness grow stronger; and as great as the evil is - so is the greatness of the action needed against it.
Sometimes, one does evil deeds that are meant to create a correct balance of fear, and a situation in which evil actions do not pay off… and in accordance with this calculus, the infants are not killed for their evil, but due to the fact that there is a general need of everyone to take revenge on the evil people, and the infants are the ones whose killing will satisfy this need; and they can also be viewed as the ones who are set aside from among a faction, as reality has chosen them to be the ones whose killing will save all of them [the others from that faction?] and prevent evildoing later on. (And it does indeed turn out that to this consideration, the consideration that we brought forth at the end of the prior chapter also definitely is added - which is, that they are in any event suspected of being evil when they grow up.)