On Ben Gvir’s death penalty law controversy.

Itamar Ben Gvir’s new law proposing the death penalty for terrorists who commit murder has sparked a robust debate. While we support this law as necessary for the safety of Israel’s citizens, some oppose it.

Yitz Greenberg and Michael Zoosman, two liberal and woke voices, cite the Rambam and quote the stringent conditions he demanded to allow an execution to take place. They attempt to convince readers of these pages that the Rambam was against capital punishment, as they are. Furthermore, Yitz Greenberg, a rabbi no less, opined that capital punishment is not “Jewish” and failed to state that there were numerous examples where the Talmud and the Torah mandated the death sentence in specific circumstances. I think they need to relearn the Rambam and the other Jewish sources they misquoted.

It is most important to emphasize that all the discussions in Rabbinic sources regarding capital punishment refer to executing a criminal in the course of normal societal crime. But the executions Ben Gvir’s law is focusing on are intended for a group of murderers, dedicated to eradicating Jews from Israel. They are at war with the nation of Israel.

Let’s be clear. The Rambam never advocated abolishing the death penalty. He simply warned against applying it too leniently. He was by no means a member of Zoosman’s LChayim Jews against the Death Penalty Society. The Rambam’s views are as follows:

A system that uses it often is destructive, while a system that refuses it absolutely is naïve!

The Torah clearly mandates the death penalty for numerous offenses. Limitations set by the Rambam and others are intended only to ensure that its application is rare and meets the strictest criteria for justice. After all, no one wants to execute anyone without first exhausting all criteria (as set by the Rambam) to ensure that the punishment fits the crime. But for some, any execution, even for the most heinous crimes and with irrefutable proof of guilt, is abhorrent. The Rambam calls such notions naïve, as they lead to a breakdown of social order.

The terrorists targeted for execution deserve the death penalty not only as a punishment for the murder they committed but also as a Rodef, to prevent the murder that he would surely commit if he ever got out of prison.

Here is the bottom line in this discussion. The death penalty issue hinges on one’s worldview. Our worldview dictates our support for Minister Ben Gvir’s proposed law because it aligns with the Torah’s commandment of a life for a life. Ben Gvir is not alone in his views. The Mossad is also asking to execute these murderers. For those who believe that Moshe Rabbainu received the Torah on Sinai, they do not question the “Jewishness” of this law. For us, the discussion ends there. That is not to say that we don’t believe in doing our ‘due diligence’ in accordance with the dictates of the Rambam.

But not everyone believes as we do. Some Jews are offended by what they consider outdated, perhaps barbaric, ancient laws that the Torah advocates. These laws are not for them and are not in accordance with their progressive politics.

We fear that Messrs. Zoosman and Greenberg are naïve in their worldview. It’s possible to understand such naivete among the liberal woke who sit in the US or Canada, where the harm caused by their unwise positions does not affect them. Israeli society, however, sits in the real world, not in a bubble. They cannot confuse wishful thinking about how the world should be, with how the world really is.

Supporting a Two-State solution? Greenberg now tries to distance himself from that self-delusional and destructive position, claiming he meant it only if “we could find a reliable peace partner among the Arabs.” Well, Rabbi Greenberg, how did that work out for you?

When you quote the Rambam to bolster your arguments, does that mean you are bound by halacha as the Rambam taught? Or do you take the liberty to ‘reconstruct’ or ‘reform’ all the pesky areas of the Torah that do not fit your worldview?

In  Mr.  Zoosman’s own words:

“In cases where the obligation to uphold human rights conflicts with interpretations of the Torah, international ethical standards must supersede strict adherence to Halacha (Jewish law)”

International Ethical Standards?

 Which international body developed such “ethical standards” that Zoosman is ready to trade for our Torah?

Furthermore, for two thousand years, Jews have been treated to the “ethical standards” of the international community. Has Zoosman thought this nonsense out?

Zoosman makes light of the danger posed by murderers freed in a prisoner swap. In astounding naivety, he proposes that Israel simply enact a law prohibiting the exchange of such murderers for hostages. Did he not see the massive crowds demanding that the government exchange any and all murderers to bring back their loved ones? He thinks these crowds would disappear because of such a law?

Israel is unlike any other nation. No one else gives up over a thousand convicted murderers such as Yahya Sinwar, to bring home one Gilad Shalit. Israel needs the death penalty to ensure that convicted killers are executed and not released to kill again. Have the released murderers not shown us that upon release, they immediately return to kill again?

Israel cannot afford to “virtue signal” its morality at the expense of its citizens’ safety. We must not march to the false concept of “Mah Yomru Hagoyim,” “What will the nations say?”

The death penalty is just. It is definitely Jewish. This law must be approved.

Confusing compassion with justice undermines society’s fabric. The Rambam understood this. Messrs. Greenberg and Zoosman do not.

PS: In law school they teach:

When you have the law on your side -pound the law

When you have the facts on your side-pound the facts

And when you have neither -POUND THE TABLE

Mentioning our past JDL association in your article is a red herring. It indicates that you have run out of valid arguments and can only pound the table.

As we stated, this disagreement is dictated by differing world views

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Dr. Alex Sternberg was the JDL’s chief karate instructor and a Kahane confidant (1968–1972). He is the author of Recipes from Auschwitz: The Survival Stories of Two Hungarian Jews with Historical Insight and the forthcoming memoir The Toughest Jew in Brooklyn

David “Samson” Levine, MBA, was a JDL karate instructor and author of Revolutions: In Their Own Words – What They Really Say About Their Causes and the forthcoming Prayer: In Their Own Words – Islam–Catholicism– Judaism – What Do They Pray For?

*Please read our previous essays on these pages