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Yosef Blau

When rabbis say nothing in the face of abuse

We rabbis must condemn all immoral behavior: Legitimate anger against Hamas does not justify attacking imprisoned alleged terrorists
Israeli soldiers and police clash with far-right protesters, after they broke into the Beit Lid army base over the detention for questioning of military reservists who are suspected of abuse of a Palestinian terror suspect detained there, on July 29, 2024. (Oren Ziv / AFP)
Israeli soldiers and police clash with far-right protesters, after they broke into the Beit Lid army base over the detention for questioning of military reservists who are suspected of abuse of a Palestinian terror suspect detained there, on July 29, 2024. (Oren Ziv / AFP)

In a world where rabbinic proclamations appear regularly, rabbinical silence becomes a statement. While there is disagreement about the appropriateness of rabbis making political endorsements, there is a consensus that it is a rabbinical responsibility to promote moral behavior. In this context, the lack of rabbinic response to the campaign to protest the Israeli army’s investigating accusations of sexual and other kinds of abuse of Hamas prisoners is significant.

The Israeli army has a code of conduct and there are accepted international standards for the treatment of prisoners. To enforce this code a military justice system exists. Accusations are investigated and when sufficiently supported by evidence trials are held. Attempts to disrupt this process reflect a rejection of the rule of law.

More fundamentally, sexual abuse of anyone is morally repugnant. Dismissing the significance of any sexual abuse can be triggering to victims of sexual abuse The justifiable anger against Hamas terrorists does not justify losing basic standards of behavior. Both those who are accused of and those who protested are primarily from the religious community, yet the rabbinate has offered no guidance.

Protesters, including government ministers, broke into both a military base and a military court, objecting to the investigation of accusations of sexual and other kinds of abuse of prisoners. This was not a claim that the acts did not take place, but a statement that even if they did, soldiers are allowed to do anything otherwise illegal and immoral since the prisoners are members of Hamas. Aside from the destruction of any military discipline, with individual soldiers acting on their own, there are no moral restraints.

The Talmud in discussing the concept of rodef allows a person who is threatened by a potential murderer to defend himself by killing the assassin. Even an observer can do so but there is a critical condition. If the assailant can be stopped without killing him, then killing him is murder. Abusing prisoners does not accomplish a military purpose; it expresses anger and revenge.

If the voice of the rabbinate is not heard, the silence speaks volumes.

Demanding adherence to basic morality should not be a political left/right issue. “What about other demonstrations” becomes the cover for not facing the implications of immorality. If there is no outcry there will be further acts. In effect, the message is that there are no boundaries in dealing with enemies. When some of the demonstrators call the military police traitors, then the category of enemies has widened. The world that accepts the authority of rabbis in all areas of life is looking for guidance. Even saying that it is complex is better than a lack of any response.

There are three levels of responsibility in this story: the accused soldiers, the demonstrators, and the rabbis. It is the rabbinate that represents Judaism, which creates an obligation to condemn immoral behavior even when it comes from political allies.

About the Author
Rabbi Yosef Blau is the Senior Mashgiach Ruchani (spiritual advisor) at Yeshiva University, and a partial resident in Jerusalem.
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