Weapons and Self Defense in Jewish Law

Status
Not open for further replies.

SMLE

Member
Joined
Nov 9, 2003
Messages
1,398
Location
Albuquerque New Mexico
Though I'd share this. There have been some discussions of Biblical issues regarding self defence, and this has some very good points that could be made to Jews and non-Jews alike, indeed anyone who would regard the Torah/"Old Testament" as an important document.

FWIW, I ws the person who first asked Rabbi Mermelsein to write some sort of concise pamphlet on this subject, I don't know who the person was who finally convinded him to do so. But if that person is on THR, thanks!

Weapons and Self Defense in Jewish Law


Copyright © 2005 by Rabbi R. Mermelstein.
Republication permitted only if this e-mail alert
is left intact in its original state.

+++++++++++++++++++++++++++++++++++++

This alert is located at:

http://www.gunownersalliance.com/Rabbi_0363.htm

Weapons and Self Defense in Jewish Law
Copyright © by Rabbi R. Mermelstein
[email protected]

Last month I excused myself from writing a concise pamphlet addressing
Jewish law and the obligation to defend life. My reasoning, in full,
can be read at http://www.gunownersalliance.com/Rabbi_0362.htm .

Within a couple of days, a very persuasive reader of our Ask the Rabbi
column wrote that, my reasoning notwithstanding, there was a need for
information of this nature. Little new appears here. I've spelled out
nearly every point that follows throughout many posts found on this
website, but never before did I compile them in one place.

Jewish law, our ancient legal system derived from the Torah (the biblical
books of Genesis through Deuteronomy), codified by the Mishneh, and further
clarified and refined in the Talmud and the works of its latter day
commentators, is quite adamant regarding the preservation of innocent
life even at the expense of killing another individual whose intentions
are murderous.

The biblical source for the obligation to defend oneself against an
unprovoked attack is Exodus 22:1. Other English bible versions, the
King James Version for example, number this verse as 22:2. There the
bible states, "If a thief is found breaking in, and is killed, no
liability (guilt) is incurred."

The bible does not instruct how the intruder is to be killed, only
that the homeowner may kill him. The logic is that the thief, knowing
that the home is occupied and nobody will stand around like a dolt as
his possessions are being carted away right before his eyes, is prepared
to murder the homeowner if necessary to burglarize the home.

The Babylonian Talmud, Tractate Sanhedrin 72A states, "Since the burglar
is going to kill you, rise up (overcome your meekness and reluctance to
be violent) and kill him first."

Maimonides (Rabbi Moshe ben Maimon, often referred to as the
RAMBAM-1135-1204 CE), in Hilchos G'neiva (Laws Pertaining to Theft),
Chapter 9, explains further.

Sub-chapter 7: "A burglar, whether by day or night, has neither blood
nor soul with regard to anyone killing him. It does not fall solely
to the homeowner to kill him. Anyone may do so. The burglar may be
killed on an ordinary weekday or on the Sabbath (during which time
even the killing of an insect is prohibited). Any means available may
be used to kill the burglar, since by his exercise of free choice his
life has lost all value."

Sub-chapter 8: "It is irrelevant if the burglar actually breaks through
a door and actually enters the home or is found in the homeowner's garden,
courtyard or fenced area (where property is stored). It is equally
irrelevant if the break-in occurs during the day or night. Why, then,
does the Torah use the language "break in"? In most cases burglaries
are break-ins under cover of darkness."

Sub-chapter 9: "What is the reason that the Torah permits the burglar
to be slain, since his intent is only the theft of property and not
murder per se (nowhere else in the Torah do we find the crime of
property theft to be punishable by death)? There is a valid assumption
that the homeowner will attempt to prevent the theft, leaving the burglar
no option but to kill him. This places the burglar in the category of
'a pursuer with the intent to murder' and must therefore be killed,
whether the burglar is an adult, youth, male, or female."

Thus the Torah affirms the sanctity of one's home, personal property,
and life against the aggression of an intruder.

The Torah also obligates us to act, not stand idly by, if another
person's life is endangered. Leviticus 19:16 states "Do not circulate
gossip or stand by idly when your brother's life is endangered."

The Babylonian Talmud, Tractate Sanhedrin 73A says it explicitly:
"Where is it taught that it is obligatory to save someone who is
being pursued by another with the intent to murder? The Torah
teaches "Do not stand by idly when your brother's life is endangered."

This injunction applies to saving a woman (or man) from being raped,
as the Torah equates murder and rape. Deuteronomy 22:26 states (regarding
a betrothed woman who is violated in a field, outside of town, where
no one can hear her cries for help and come to her aid) "The woman is
blameless (and cannot possibly be suspected of an adulterous relationship),
because just as a man rises up against another man to murder him so is
the case of a helpless woman." Obviously, the same law applies to a
single woman. The thread in that Torah passage is speaking of betrothed
women. Nothing can be taken out of context.

Maimonides, in Laws Pertaining to Murderers and the Preservation of
Life, Chapter 1, sub-chapter 10, explains Deuteronomy 22:26 further:

"But if someone is nearby to save the woman from being violated, that
person must stop the rapist even if it involves killing him if no lesser
force will suffice."

In no instance does the Torah condone 'vigilante law'. Once a murder
has been committed, and there are witnesses to the act, they may not
take it upon themselves to kill the murderer. There must be a trial,
as is required by Common Law jurisprudence. However, if someone is
pursuing another with violent intent and is ordered to desist by
witnesses yet the pursuer ignores the warning, anyone must stop him
by any means possible, including lethal force. If lesser force is
sufficient, though it involves grievous and permanent injury to the
pursuer, taking his life is not justified. (Maimonides, Laws Pertaining
to Murderers and the Preservation of Life, Chapter 1, sub-chapter 7.)
Common Law generally applies this principle when determining whether
lethal force was justified in acts of self defense or the prevention
of violence to a third party, either for law enforcement officers
or private persons.

Anti-gun municipalities and ranking law enforcement officials stress
preventive measures and non-lethal alternatives for citizens to ensure
their personal safety: Walking in groups at night, loud whistles,
martial arts training, pepper sprays, home security systems, barking
dogs, taser guns that electrically stun an attacker at a short distance
(not approved for private citizens in all states), etc. From the
perspective of Jewish law, all these things are useful to a point but
ultimately fail when the attacker is not deterred or repelled through
their application.

The taking of a human life, while repugnant to all civilized people,
is often not only justified but obligatory within the framework of
biblical law. The firearm is the most efficient of modern tools to
preserve life. A firearm is a deterrent to violent crime, light years
ahead of high pitched whistles or sirens screwed on to canisters of
compressed air (when was the last time you ran outside to investigate
a loud alarm blaring somewhere in your neighborhood?), barking dogs
that miraculously shut up and wag their tails when thrown a piece of
meat (cooked or raw, no less!), trick martial arts maneuvers learned
from VHS tapes or DVDs as demonstrated by experts with years of
training that you will never acquire, or pepper sprays that make a
rapist's eyes shed copious rivulets of water and enrage him, but do
not stop him from raping.

In spite of common sense and logic, many people are obstinately and
inflexibly opposed to private citizens owning firearms and learning
a basic level of proficiency in their safe and effective use. These
same people are quick to praise the rapid response time of local law
enforcement agencies that are under no legal burden to protect anyone.
As far as the 9-1-1 emergency hotline is concerned, it can be assumed
with complete safety that nobody in its history ever told the operator
to dispatch only unarmed cops. It might come as a mild shock to people
who would never lay a hand on a firearm, as if it were some sort of
ticking time bomb liable to discharge and kill on its own without
forewarning yet at the same time are quite comforted by the sight of
a handgun in the holster of a police officer, if they were to learn
that the average patrol officer has less proficiency with his or her
firearm than the semi-enthusiastic citizen gun owner who makes it a
point to get professional training over the course of several weekends
and then practices at the local shooting range once every two months.

Here are a few of the most common flawed arguments against firearms
ownership used by schooled Jews and rebuttals to each one.

1. A firearm is a dangerous device. Since the Torah prohibits owning
a vicious dog that may attack others (unless it is restrained with a
chain), or even possessing a defective ladder that may break and injure
the user (Babylonian Talmud, Tractate Bava Kama 15B), owning a firearm
is likewise prohibited. ("You shall not bring blood upon your home."
- - -Deuteronomy 22:8.)

Fact:
=====
A vicious dog acts according to its nature and a rickety ladder by its
condition is a mindless object that is an accident waiting to happen.
A firearm is an inanimate object just like a ladder in perfect condition
(read the label on the top step: "NOT A STEP-DO NOT STAND"). It certainly
cannot act according to its "vicious inclination", since it has no
inclination. No firearm can discharge without being acted upon. This
requires a human action. We are permitted to use toxic household
chemicals, power tools, kitchen knives, scissors, etc, all of which
are capable of taking a life if they fall into the hands of children,
or mentally defective or chemically intoxicated adults. Common sense
dictates that firearms either be stored in a locked container or under
the immediate and constant supervision of a responsible person
knowledgeable in their use. Families with small children even attach
safety covers on electrical outlets to prevent curious hands from
inserting metal objects in them with resultant electrocution. Infants
learning to walk have been known to overturn pots on the stove, causing
severe and often fatal burns. And of course, there is a bathtub and
sometimes a swimming pool. The home, even devoid of a firearm, is a
dangerous place. Parents and older family members with common sense
take every precaution to thwart disaster. Bringing a firearm into the
home merely adds to existing and essential items that must be kept out
of the wrong hands. In and of itself, a loaded firearm is completely
harmless. It can even save lives.

2. Weapons are associated with Esau, the eldest son of the patriarch
Isaac, who was a hunter ("a man of the field" - Genesis 25:27) and a
murderer. Jews should not emulate this sort of person.

Fact:
======
Equating murder with the taking of a life to defend a life is comparing
apples and oranges. Hebrew, the language of the Bible, uses two distinctly
different words for murder and killing. Hunting for sport is prohibited
(Rabbi Yehuda Landau [1713-1793], Noda B'Yehuda, Yoreh Deah, Madura
Tinyana, 10). Owning, and using, a firearm for self defense is neither
murder nor hunting. If a firearm in the hands of a trained person is the
most efficient tool to defend life, simple logic would dictate that
owning a firearm is not merely permissible but an obligation according
to Jewish law. Of course, in many major American cities where Jews reside
obtaining the necessary permission to have a firearm is either very
difficult or impossible. In that case it would be advisable to master
the art of aimed knife throwing and keeping a pointy one handy. The
police have no obligation to save you; the unarmed and scared witless
neighbors are ignoring your screams and burglar alarm, and your watchdog
is busy munching a piece of tasty steak thrown at it by the intruder.

3. The Torah is so concerned with the safety of people that it mandates
a fence around the perimeter of a flat roof to prevent anyone working
up there from falling to the ground (Deuteronomy 22:8). How much more
so should we ensure safety within the home!

Fact:
======
See Fact 2. Keep any potential hazards secured and out of the wrong
hands. Responsible behavior is the buzzword here. An adult without the
sense to be proactive and prevent accidents shouldn't be trusted to
make a bottle for the baby in the middle of the night. That person
could confuse the milk container with the container of Liquid Plumber.

It is noteworthy to mention Nachmanides (Rabbi Moshe ben Nachman, often
referred to as the RAMBAN- 1194-1270 CE) in his classic commentary on
the Torah (Genesis 4:22) wherein he expounds on the deeper meaning of
Tuval Cain, the name given to one of Cain's descendants. "Tuval" is a
form of the Hebrew word for "spice" and "flavor enhancer"-he enhanced
the art of making swords, spears, lances, and implements of war
(weapons!), thereby following in the footsteps of his forebear Cain,
the world's first murderer. Observes the RAMBAN, "The sword does not
murder, and there is no sin in making one." Advocates of armed self
defense did not coin the bromide "Guns don't kill people; people kill
people". Nachmanides advanced the concept nearly 800 years ago, and he
wasn't a beer swilling, gun waving redneck from a red state driving a
pickup truck bearing a National Rifle Association bumper sticker. He
didn't even display a Confederate flag or listen to country music! Is
that unbelievable, or what?

I promised that persuasive reader that I would take her good counsel
and compile in one place, suitable for printing, the correct Jewish
view of armed self defense and firearms ownership. If there are
anti-gun Jews or Christians who will benefit from this information
written at her behest, she can take all the credit.

Rabbi R. Mermelstein
[email protected]

This alert is located at:

http://www.gunownersalliance.com/Rabbi_0363.htm

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
We send our alerts/newsletter out free of charge to all who request it.
Can you help with our expenses? Help Support the work of Gun Owners
Alliance! Suggested contributions? As an opener, the price of a box of
ammo ($15-$20). Contribute at http://www.gunownersalliance.com/Join.htm
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

A MUST READ! "Mermelstein's Guide to Metallic Cartridge Evolution"

This brand new book by Robert Mermelstein is all about the evolution
of cartridges over the past 150 years. This extremely interesting and
informative book tells you how some of the cartridges we use today
came about. If you are looking for a picture book, this book isn’t
for you. There are no pictures except for the cover and quite honestly
none are needed. This 188-page book tells the stories of how cartridges
evolved from the early beginnings to the current cartridges available
today. Insight is given on why and how cartridges developed. This is
a must read for the shooter and handloader interested in how we got
to where we are today. Go to:

http://www.gunownersalliance.com/Rabbi_Mermelstein_book-01.htm

...or a direct link:

http://www.amazon.com/exec/obidos/ASIN/0972254420/gunownersalli-20

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Try searching our entire inventory of firearms related books! Go to:
http://www.GunOwnersAlliance.com/bookstore.htm The selection is BIG!
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Copyright © 2005 by Rabbi R. Mermelstein. Republication permitted
only if this e-mail alert is left intact in its original state. The
views herein do not necessarily reflect the views of any individual
or organization other than Gun Owners Alliance. For more information,
go to: http://www.gunownersalliance.com/sig.htm
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
TO SUBSCRIBE TO OUR E-MAIL ALERTS, send an e-mail to:

[email protected]

No subject line or message necessary.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
TO UN-SUBSCRIBE TO OUR E-MAIL ALERTS, send an e-mail to:

[email protected]

No subject line or message necessary.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

-----BEGIN PGP SIGNATURE-----
Version: PGPfreeware 6.5.8 for non-commercial use <http://www.pgp.com>
Comment: Key - http://www.gunownersalliance.com/GunOwnersAlliance.asc
 
Also look at Igros Moshe where he discusses whether women can carry guns. He certainly does not object to guns per se. Other poskim seem to agree with all this.
 
Sub-chapter 7: "A burglar, whether by day or night, has neither blood
nor soul with regard to anyone killing him. It does not fall solely
to the homeowner to kill him. Anyone may do so. The burglar may be
killed on an ordinary weekday or on the Sabbath (during which time
even the killing of an insect is prohibited). Any means available may
be used to kill the burglar, since by his exercise of free choice his
life has lost all value
."

Says it all right there.
 
Status
Not open for further replies.
Back
Top