By Rabbi Yair Hoffman for 5tjt.com
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With due respect, the recent statement from former IDF brigadier general, MK Zvika Fogel (Otzma Yehudit), told to Galei Yisrael radio Monday morning that he wanted to see Huwara “shuttered and burned” needs to be condemned. It was, of course, said in response to Sunday’s murder of two Jewish youth, Har Bracha residents, 22-year-old Hillel Menachem Yaniv and 20-year-old Yagel Yaakov Yaniv – two brothers.
The clear-cut Talmudic view of the inherent harm and danger of vigilantism can be seen from the Maharsha’s explanation of the Gemorah in Bava Kamma (117b), where Rav Kahana took vigilante action against an informer (Moser). The Gemorah describes it as an incorrect action that required Kaparah – atonement on his part. Why? The Maharsha explains, because he performed this action out of vigilantism. Other Achronim understand this Gemorah in the same fashion.
Vigilantism is wrong – period. It has always undermined the notion of law and order and is antithetical to one of the principal notions of the seven Noachide laws – the establishment of a legal system. Indeed, even the killing of Zimri by Pinchas which some view as an act of vigilantism was most decidedly no such thing – the Halacha itself clearly dictates that Kanaim Pogim Bo is part of the Torah’s system of jurisprudence.
Vigilantism is wrong because the Torah gave specific instructions to judges on how to judge. “Shamoah Bain Acheichem” – listen amongst your brethren (Dvarim 1:16). Judges are adjured to make sure that both parties dress equally – if one side is too poor to afford the clothing, we dress him accordingly. Why? So that the Torah’s sense of fairness will reign supreme and that no judge show a bias to one side because of his inability to dress properly. When a vigilante applies his own sense of justice, without due process, these Torah laws and ideals are undermined.
“Vigilantism” involves three essential elements:
- The taking of the law into one’s hands rather than that of the true enforcers of the law.
- Doing so without due process to the vigilante’s target
- Doing so according to one’s own, often limited, understanding of the law.
All three of these elements fit neither within the framework of secular law, nor l’havdil within the framework of Halacha. And all three set a very dangerous precedent.
The world may have fashioned and shaped an appeal to vigilantism, but these notions are entirely foreign to Torah thought. As Rav Elyashiv zt”l has consistently pointed out, we Torah Jews do things in a Beis Din and not on our own (Shiur on BM 113a). The verse in Dvarim (17:11) states quite clearly, “Al pi haTorah asher yorucha – according to the Torah that they shall teach” – this refers to the Beis Din – not to one’s own individual feelings about how things ought to be. This is what we must follow and we must sway “neither to the right nor to the left.”
The type of thinking that encourages vigilantism has allowed for devastating things to happen r”l – that should never have happened. Not only is this type of thinking incorrect, but, the truth is that we should all be looking at such vigilantism with a sense of disgust and anathema.
Rav Eliyahu Eliezer Dessler zt”l (in Michtav M’Eliyahu Vol. II p. 548) explains that in the time of Yehoshua, all of Israel was punished with the loss at the battle of Ai, even though it was only one member of the entire nation of Israel that had actually sinned. Why then was the entire nation punished? Rav Dessler explains that it was because they did not look with anathema at anyone who might violate the command of Yehoshua not to touch the spoils of war.
An MK who lauds vigilantism as a positive ideal is, at best, grossly irresponsible. At worst, it can and has been the cause of some very serious devastation hope that Hashem will give them the strength to do so once again.
That being said, the horrific murder of these two young men and the celebrations that took place at their murders must be condemned at the highest level of American and international governments. The celebration of the murders of the innocent is something that should be stopped through all legal channels. Like the de-Nazification that the allies did after the second world war, plans and efforts must be developed and encouraged to remove text-books that encourage murders and people who express such statements should be jailed and and/or prosecuted for incitement.
The author can be reached at [email protected]
I wish I could agree with the author but I don’t believe he has a clear understanding of how the Arab villages and cities operate. There is really no central government. Each village is run by the Hamullah, or the largest family. Terrorism will only end when it runs counter to the interests of the governing Hamullah. The IDF and MAGAV cannot do what the citizens can do, which is make in the interests of the Hamullah to stop the attacks. While I am usually against punishing non-combatants, in this case burning Harawah, a bit each night, will help solve the problem.
The “Palestinians” murder innocent Jewish victims. Why should Jews live in fear? Show the “Palestinians” that we will not tolerate the murder of Jews.
You cannot win a war if you are not willing to employ the same force the enemy is using. Israel needs their own response to non military attacks from th enemy by a non military force, the force of the people.
But what about a “Goel HaDam”? Is that not a (legal) form of vigilantism? The person who murdered by mistake must run to the “Arei MiKlat” in order to save himself.
Good thing Purim and Chanukah happened before your advice came along.
The entire concept of “vigilantism”, where “vigilantism” is being defined as JUST usage of violence by regular citizens in certain CLEARCUT situations without ALL violence being subjected to a governmental monopoly, is exactly what halacha prescribes. Obviously, in halacha, instances of permissable violence by regular people are severely limited , but when it is permitted, it is permitted without a mandatory outsourcing to a government. Fighting against an uma that attacks Yisroel is not only permitted, but required according to halacha.
The statement of General George S Patton Jr is most germane in this situation. “No poor dumb S.O.B. ever won a war by dying for his country; he won it by making the other poor dumb S.O.B. die for his”
I’m surprised Rabbi Hoffman didn’t mention that Yaakov Avinu reprimanded Shimon and Levi for killing Shechem.
But when world politicians mix in to Israel’s politics we are all here to condemn them saying first of all you have no clue and understanding the Dynamics of the Israeli conflict and the the conditions that Israelis especially the settlers live on a daily basis, second who are you guys to tell another country what policies they should embrace and how to govern, third we are always condemning American Jews that have opinions on how the Israelis should conduct themselves, let them live and conduct yourself as best as you can before mixing into other people’s business.
So I suggest to this rabbi that maybe your opinion is wrong.
Was Yehudis in the Chanukah story wrong???
Fyi, being precision attacked by a mighty army emboldens them as they view themselves as some grand opponent.
Being attacked by the “defenseless civilians” they target gives them pause and humbles and humiliates them and shows they are ineffective and unable to accomplish what they seek to.
Instead of claiming the retaliators are wrong, it should be clarified how those locales are enemies in a war, and can be attacked for “providing comfort and sustainance to the enemy” as the US Constitution states constitutes part of insurrection.
If a city is deemed an ir hanidachas, it and everything in it must be burned. The reason for this mitzvah is that the ir hanidachas is a cancer. It is so thoroughly corrupt that it must be altogether wiped out. “palestinian” cities from which these terroristd come are no different than an idolatrous city – their idol they call “Palestine” and “Palestinians”.
its pretty simple actually, if the terrorists can’t let people live normally, and their people don’t do anything about it and are actually celebrating when jews are killed, and they teach their terrorist kids to be future terrorists in their schools, they are all Chayav misa. this doesn’t need any proofs since its obvious, and its sad that it has to be explained. to answer the question of why not let the army and police in Israel take care of it, the answer is also simple because then the world will like always take the terrorists side over Israel. therefore the people themselves can get up and take action and the world can’t say anything because people are fed up and the government can’t do anything about it. this is simple politics and it was 1000 percent right in what they did. in fact they should do it to all the terrorist cities this will stop the terrorism very fast and save many jewish lives.
Well, I respect R. Hoffman, but in this case I disagree. The government was not there in a place where they should have been. They are doing little to help the settlers. So if the settlers just sit back, smile and wait for the IDF to do something more people will be killed.
In reality, if a city has a Jew killer and hides and refuses to turn him over to the Jews, I think the city has a din of being destroyed according to the Torah.
Is that correct?
There is nothing wrong with vigilantism. It’s another term for justice.
In Hashem’s world there is a reason for everything. It is through him and his outstretched arm that we retaliate against all those who attempt to and destroy life and land that we love.
Israel has much more force that the enemy , through its military , which also acts against terrorist .