Was Israel’s Massive Deception in Gaza Permitted?  A Halachic Analysis

By Rabbi Yair Hoffman for 5tjt.com

Before we discuss the halacha, let’s get some background as to what exactly happened:

HAMAS THINKING

Hamas has, over the past seven years, miles and miles of underground tunnels below Gaza City.  Indeed, they have, or had, a veritable city down there.  The strategy that Hamas thinkers developed was that, in the event of an inevitable ground war, Hamas operatives can go underground, literally.  It was also where they hid and were to hide their weapons and armaments – protecting them from aerial attacks.

In the event of a ground attack, the operatives would go undergound, and then emerge elsewhere.  They would attack IDF forces from a new and different position. A ground incursion on the part of the IDF would be useless and there would be many casualties.

ISRAEL’S THINKING

Israel, however, was well aware of the extent of the Hamas tunnels and of the strategy.  They were also aware of the huge number of casualties that an incursion into Gaza could produce.  The strategy Israel decided to use was to fake a ground incursion – and then attack the tunnels using massive firepower from the air.  IDF engineers believed that the tunnels were not low enough below the ground to be able to withstand a massive amount of fire power.

Israel brought in 160 planes, 450 bombs, and 80 tons of explosives and, after warning which buildings to evacuate, massively bombed the area in such a way that the tunnels below would be destroyed.

The deception was from the top down.  Netanyahu announced that the campaign against Hamas was far from over.  At 9:00 PM on Thursday, the IDF began assembling ground forces along the Gaza Strip border.  The IDF announced that a ground offensive was on the table.

At midnight, an IDF Spokesperson tweeted, “IDF air and ground troops are currently attacking in the Gaza Strip.” This was so the foreign media would misinterpret – a deliberate lie.

But there was no ground invasion at all.

Upon the announcement, both Hamas and Islamic Jihad sent their first-line defense into the tunnels. According to reports, these were anti-tank missile teams and mortar squads.

The upshot is that this deception could have been as effective as teh complete wiping out of the Egyptian airforce in 1967.  We will know soon enough.  But the question is, was it permitted?

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THE HALACHA

Generally speaking, halacha tells us to avoid deception.  Here, however, the issue of pikuach nefesh is involved.  So the answer is – of course.

The Talmud tells us (Brachos 58a and 62b)that one who comes to kill you, wake up earlier and kill him first.  This is even before he came to actually kill you.  Here, Hamas and Islamic Jihad have been firing thousands of rockets into Israel and killing its citizens.

The deception saved countless lives.  Saving life is a fundamental Mitzvah. What is the source of this Mitzvah? The verse in Parshas Ki Taytzai (Dvarim 22:2) discusses the Mitzvah of Hashavas Aveida, returning an object, with the words “vahashaivoso lo – and you shall return it to him.”

The Gemorah in Sanhedrin (73a), however, includes within its understanding of these words the obligation of returning “his own life to him as well.”  For example, if thieves are threatening to pounce upon him, there is an obligation of “vahashaivoso lo.” In other words, this verse is the source for the Mitzvah of saving someone’s life. I believe this is the general mitzvah the Shulchan Aruch refers to in Shulchan Aruch Orech Chaim 325.

Lo Saamod Al Dam Rayacha

There is a negative Mitzvah of not standing idly by your brother’s blood as well.  This is mentioned in Shulchan Aruch (CM 426:1) and in the Rambam.  Collectively, if we adopt such a policy in having armed people in every Beis Midrash in Eretz Yisroel, we can ensure that we do not stand idly by our brother’s blood.

Lo Suchal l’hisalaym

There is yet another negative commandment associated with the positive commandment of Hashavas Aveida, and that is the verse in Dvarim (22:3), “You cannot shut your eyes to it.”  This verse comes directly after the Mitzvah of Hashavas Aveidah. The Netziv (HeEmek Sheailah) refers to this Mitzvah as well.

V’Chai Achicha Imach

The Sheiltos (Sheilta #37), based upon the Gemorah in Bava Metziah 62a,  understands these words to indicate an obligation to save others with you.  The Netziv in his He’Emek She’ailah understands it as a full-fledged obligation according to all opinions. He writes that he must exert every effort to save his friend’s life – until it becomes Pikuach Nefesh for himself.

V’Ahavta l’Rayacha Kamocha

The Ramban, Toras haAdam Shaar HaSakana (p42-43) understands the verse of “and love thy neighbor as yourself” as a directive to save him from danger as well. Although he discusses the issue of medical danger, it is clear that this is an example, and it would apply to danger from physical enemies as well. Even without the Ramban, however, it is clear that defending and protecting someone from danger is a fulfillment of this Mitzvah.

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CLARIFICATION:  Of course, there is no shailah here.  The discussion was just to bring out the issues here of all of the Mitzvos involved in saving life and the issue of Haba Lehorgecha.