Progressively Speaking: Should Israel bring in the death penalty for terrorists?
Rabbi René Pfertzel reflects on a topical issue with a progressive Jewish response
The State of Israel abolished the death penalty in 1954, except for crimes against humanity.
To this day, only Nazi war criminal Adolf Eichmann in 1962 has been executed.
An amendment to the penal code brought by Defence Minister Avigdor Lieberman has been given preliminary approval by the Knesset.
If fully accepted – after three more readings – it would allow a majority verdict in a military court to apply the death penalty to those convicted of terrorism.
Israeli Prime Minister Benjamin Netanyahu voted for the motion, saying that while the legislation required deeper discussion “in extreme cases, when somebody slaughters and laughs (as he kills), he should not spend the rest of his time in jail and should be executed”.
However abolition of the death penalty has been a common trend in most of the Western democracies.
The reason for this can be found in Mishnah Sanhedrin 4:5, which states: “Know that capital cases are not like monetary ones. In monetary cases, [a false witness] can return the money and achieve atonement. But in capital cases, the blood [of the victim] and all his future offspring hang upon you until the end of time.”
Even though Biblical law mandates the death penalty for 36 offences, the rabbis who contributed to the Talmud created so many barriers that it is almost impossible to implement it.
Mishnah Makkot 1:10 states: “A Sanhedrin (court) that would execute somebody once in seven years would be considered destructive.
Rabbi Eleazar ben Azariah says, once in 70 years. Rabbi Tarfon and Rabbi Akiba said, if we were on the Sanhedrin, nobody would have ever been executed”.
There is another element to consider. This amendment concerns military court. In any democracy, military justice can only be exceptional. It is even more so the case about death penalty. If civil courts do not apply death penalty, why should a military court?
The main purpose of Tsahal (the Israel Defence Forces) is to defend Israel against its enemies, not to implement a “justice d’exception”.
Terrorism is a disease that has to be met with ruthless justice. They threaten our way of life; they kill blindly; they are the negation of our values. And they seek martyrdom!
Let us not offer them what they ultimately want, and let them not drag us down to their level.
Rabbi Rene Pfertzel is rabbi at Kingston Liberal Synagogue
Thank you for helping to make Jewish News the leading source of news and opinion for the UK Jewish community. Today we're asking for your invaluable help to continue putting our community first in everything we do.
For as little as £5 a month you can help sustain the vital work we do in celebrating and standing up for Jewish life in Britain.
Jewish News holds our community together and keeps us connected. Like a synagogue, it’s where people turn to feel part of something bigger. It also proudly shows the rest of Britain the vibrancy and rich culture of modern Jewish life.
You can make a quick and easy one-off or monthly contribution of £5, £10, £20 or any other sum you’re comfortable with.
100% of your donation will help us continue celebrating our community, in all its dynamic diversity...
Engaging
Being a community platform means so much more than producing a newspaper and website. One of our proudest roles is media partnering with our invaluable charities to amplify the outstanding work they do to help us all.
Celebrating
There’s no shortage of oys in the world but Jewish News takes every opportunity to celebrate the joys too, through projects like Night of Heroes, 40 Under 40 and other compelling countdowns that make the community kvell with pride.
Pioneering
In the first collaboration between media outlets from different faiths, Jewish News worked with British Muslim TV and Church Times to produce a list of young activists leading the way on interfaith understanding.
Campaigning
Royal Mail issued a stamp honouring Holocaust hero Sir Nicholas Winton after a Jewish News campaign attracted more than 100,000 backers. Jewish Newsalso produces special editions of the paper highlighting pressing issues including mental health and Holocaust remembrance.
Easy access
In an age when news is readily accessible, Jewish News provides high-quality content free online and offline, removing any financial barriers to connecting people.
Voice of our community to wider society
The Jewish News team regularly appears on TV, radio and on the pages of the national press to comment on stories about the Jewish community. Easy access to the paper on the streets of London also means Jewish News provides an invaluable window into the community for the country at large.
We hope you agree all this is worth preserving.
