Questions to Ponder:
1) If our enemy is brutal and fails to keep the international laws of warfare, can we "fight fire with fire" or must we always take the moral high ground? Do the lives of our enemies have value?
2) A terrorist organization captures a famous Rabbi in America while he travels abroad. They are demanding $100 million for his release. Should the community negotiate for his release?
3) American special forces locate the head of ISIS and plan for his execution. They could either bomb his compound, leading to his certain death but also killing 30 of his children alongside with him, or they can risk of the lives of the troops and attempt an on the ground raid, where they can minimize collateral damage. Assuming the following are the only factors involved, which path should they choose?
אמר שלשה סימנים יש באומה זו הרחמנים והביישנין וגומלי חסדים רחמנים ...
David said: There are three distinguishing marks of this nation, the Jewish people. They are merciful, they are shamefaced, and they perform acts of kindness.
Question: Is the prohibition of murder simply a social contract to create law and order in society?
(6) Whoever sheds the blood of man, By man shall his blood be shed; Because God made man in his image.
ורבי יוחנן אמר שהפריש בני אדם מלהכנס תחת כנפי השכינה שנאמר תן לי הנפש והרכוש קח לך (בראשית יד, כא)
Abraham was punished because he distanced people from entering under the wings of the Divine Presence, as it is stated that the king of Sodom said to him: “Give me the people and take the goods to yourself” (Genesis 14:21)...
A Sanhedrin that executes a transgressor once in seven years is characterized as a destructive tribunal. Rabbi Elazar ben Azarya says: once in seventy years. Rabbi Tarfon and Rabbi Akiva say: If we had been members of the Sanhedrin, we would have conducted trials in a manner whereby no person would have ever been executed. Rabban Shimon ben Gamliel says: In adopting that approach, they too would increase the number of murderers among the Jewish people. The death penalty would lose its deterrent value, as all potential murderers would know that no one is ever executed.
Question: What was motivating Rabbi Akiva's response? Who's side do you agree with?
(יז) וַיִּשְׁמַ֣ע אֱלֹהִים֮ אֶת־ק֣וֹל הַנַּעַר֒ וַיִּקְרָא֩ מַלְאַ֨ךְ אֱלֹהִ֤ים ׀ אֶל־הָגָר֙ מִן־הַשָּׁמַ֔יִם וַיֹּ֥אמֶר לָ֖הּ מַה־לָּ֣ךְ הָגָ֑ר אַל־תִּ֣ירְאִ֔י כִּֽי־שָׁמַ֧ע אֱלֹהִ֛ים אֶל־ק֥וֹל הַנַּ֖עַר בַּאֲשֶׁ֥ר הוּא־שָֽׁם׃
(17) God heard the cry of the boy, and an angel of God called to Hagar from heaven and said to her, “What troubles you, Hagar? Fear not, for God has heeded the cry of the boy where he is.
(ב) באשר הוא שם. לְפִי מַעֲשִׂים שֶׁהוּא עוֹשֶׂה עַכְשָׁו הוּא נִדּוֹן, וְלֹא לְפִי מַה שֶּׁהוּא עָתִיד לַעֲשׂוֹת (ראש השנה ט"ז), לְפִי שֶׁהָיוּ מַלְאֲכֵי הַשָּׁרֵת מְקַטְרְגִים וְאוֹמְרִים רִבּוֹנו שֶׁל עוֹלָם, מִי שֶׁעָתִיד זַרְעוֹ לְהָמִית בָּנֶיךָ בַּצָּמָא אַתָּה מַעֲלֶה לוֹ בְּאֵר, וְהוּא מְשִׁיבָם עַכְשָׁו מַה הוּא, צַדִּיק אוֹ רָשָׁע? אָמְרוּ לוֹ צַדִּיק, אָמַר לָהֶם לְפִי מַעֲשָׂיו שֶׁל עַכְשָׁו אֲנִי דָנוֹ, וְזֶהוּ בַּאֲשֶׁר הוּא שָׁם.
WHERE HE IS — According to the actions he is now doing shall he be judged and not according to what he may do in future. Because the ministering angels laid information against him, saying, “Master of the Universe, for him whose descendants will at one time kill your children with thirst will You provide a well?” He asked them, “What is he now, righteous or wicked?” They replied to him, “Righteous.” He said to them, “According to his present deeds will I judge him.”
Question: Why doesn't God take future deeds into account? In what way should we try to emulate this? What about somebody plotting to do evil?
Question: Do you believe there is ever a place to antagonize or instill fear in our enemies?
(14) When Abram heard that his kinsman had been taken captive, he mustered his retainers, born into his household, numbering three hundred and eighteen, and went in pursuit as far as Dan.
... אַבְרָם אָנֹכִי מָגֵן לָךְ, מִן הָעֹנֶשׁ, שֶׁלֹּא תֵּעָנֵשׁ עַל כָּל אוֹתָן נְפָשׁוֹת שֶׁהָרַגְתָּ; וּמַה שֶּׁאַתָּה דוֹאֵג עַל קִבּוּל שְׂכָרְךָ, שְׂכָרְךָ הַרְבֵּה מְאֹד (בראשית רבה):
NOT ABRAM, I AM THY SHIELD against punishment: for you shall not be punished on account of all these people whom you have slain. And as for your being anxious regarding the receipt of any further reward, know that YOUR REWARD WILL BE EXCEEDING GREAT
(11) Some time after that, when Moses had grown up, he went out to his kinsfolk and witnessed their labors. He saw an Egyptian beating a Hebrew, one of his kinsmen. (12) He turned this way and that and, seeing no one about, he struck down the Egyptian (by uttering the name of God) and hid him in the sand.
((ב) וירא כי אין איש. עָתִיד לָצֵאת מִמֶּנּוּ שֶׁיִּתְגַּיֵּר (ת"י):
AND HE SAW THAT THERE WAS NO MAN destined to issue from him, who would convert...
(ד) אין פודין השבויים יותר מכדי דמיהם מפני תיקון העולם שלא יהיו האויבים מוסרים עצמם עליהם לשבותם...
(4) Captives are not to be ransomed at an unreasonable cost, for the safety of society; otherwise, the enemies would exert every effort to capture victims...
Rav Avraham Shapira (Techumin 4:182)
“In times of war, there surely exists firm halachic basis for any action taken in order to ensure that not even one soldier is God-forbid harmed.”