Rodef
Encyclopedia
A rodef in traditional Jewish law, is one who is "pursuing" another to murder him or her. According to Jewish law, such a person must be killed by any bystander after being warned to stop and refusing. The source for this law is the Tractate Sanhedrin
in the Babylonian Talmud, page 73a, which begins:
This law, the din rodef ("law of the pursuer"), is significant as one of the few provisions in Jewish law permitting extrajudicial killings.
The allowance to kill the rodef does not apply, however, in a case where lesser means would prevent the innocent's murder. Furthermore, according to the Rambam, killing a rodef who may have been stopped by lesser means constitutes murder, though the punishment for a murderer in this case is not dealt out by Beit din.
was branded a rodef by some for the Oslo Accord, an agreement for which he was assassinated in 1995
. The assassin, Yigal Amir
, subsequently justified his actions partly on the basis of din rodef, under the assumption that making concessions to the Palestinian Authority would endanger Jewish lives.
The Oslo Accords were controversial within Israel and divided the population due to the extensive change in government policy regarding negotiations with then Israeli designated terrorist organizations, such as the PLO.
According to Rabbi Arthur Waskow, Yigal Amir’s interpretation of Din Rodef is a gross distortion of Jewish law and tradition.
Avigdor Neventzhal stated that "it should be known that anyone who wants to give away Israeli land is like a rodef", triggering an outcry and a special debate in the Knesset
.
engaged in another controversy, when he argued that according to Jewish religious law, every Palestinian in Gaza
who voted for Hamas
was a legitimate target. He articulated his position in a
debate with rabbi David J Goldberg in The Guardian
's commentary section He argues that according to the Halaka "it is entirely legitimate to kill a rodef – that is to say, one who endangers the life of another – and this is true, incidentally, even if the rodef has not yet actually taken another life".
Furthermore, he argues that
Sanhedrin (Talmud)
Sanhedrin is one of ten tractates of Seder Nezikin . It originally formed one tractate with Makkot, which also deals with criminal law...
in the Babylonian Talmud, page 73a, which begins:
And these are the ones whom one must save even with their lives [i.e., killing the wrongdoer]: one who pursues his fellow to kill him [rodef achar chavero le-horgo], and after a male or a bethrothed maiden [to rape them]; but one who pursues an animal, or desecrates the Sabbath, or commits idolatry are not saved with their lives.
This law, the din rodef ("law of the pursuer"), is significant as one of the few provisions in Jewish law permitting extrajudicial killings.
The allowance to kill the rodef does not apply, however, in a case where lesser means would prevent the innocent's murder. Furthermore, according to the Rambam, killing a rodef who may have been stopped by lesser means constitutes murder, though the punishment for a murderer in this case is not dealt out by Beit din.
Yitzhak Rabin
In recent years, a number of rabbis have allegedly suggested that various public figures could qualify as rodfim, arguably encouraging one to kill. Perhaps most notoriously, former Israeli Prime Minister Yitzhak RabinYitzhak Rabin
' was an Israeli politician, statesman and general. He was the fifth Prime Minister of Israel, serving two terms in office, 1974–77 and 1992 until his assassination in 1995....
was branded a rodef by some for the Oslo Accord, an agreement for which he was assassinated in 1995
Assassination of Yitzhak Rabin
The assassination of Yitzhak Rabin took place on November 4, 1995 at 21:30, at the end of a rally in support of the Oslo Accords at the Kings of Israel Square in Tel Aviv...
. The assassin, Yigal Amir
Yigal Amir
Yigal Amir is the Israeli assassin of Prime Minister of Israel Yitzhak Rabin. The assassination took place on November 4, 1995 at the conclusion of a rally in Tel Aviv. Amir is currently serving a life sentence for murder plus six years for injuring Rabin's bodyguard, Yoram Rubin, under...
, subsequently justified his actions partly on the basis of din rodef, under the assumption that making concessions to the Palestinian Authority would endanger Jewish lives.
The Oslo Accords were controversial within Israel and divided the population due to the extensive change in government policy regarding negotiations with then Israeli designated terrorist organizations, such as the PLO.
According to Rabbi Arthur Waskow, Yigal Amir’s interpretation of Din Rodef is a gross distortion of Jewish law and tradition.
First of all, the law of the pursuer only applies to a spontaneous act, whereas Yigal Amir planned this assassination for two years. Secondly, the law of the pursuer is only intended to save a potential victim from imminent death. There is absolutely no proof that withdrawing from certain territories will directly lead to the death of any Jews. On the contrary, Prime Minister Rabin, over half the members of the Knesset, and over half the population of Israel believe exactly the opposite - that it will save Jewish lives. Lastly, this law does not refer to elected representatives, for if Yitzhak Rabin was really a pursuer, then so are all his followers and that would mean that Amir should have killed over half the population of Israel! In other words, even according to the law of the pursuer, this act was totally futile and senseless since the peace process will continue.
Avigdor Neventzhal
Other instances have occurred. In 2005, for instance, prominent Israeli RabbiRabbi
In Judaism, a rabbi is a teacher of Torah. This title derives from the Hebrew word רבי , meaning "My Master" , which is the way a student would address a master of Torah...
Avigdor Neventzhal stated that "it should be known that anyone who wants to give away Israeli land is like a rodef", triggering an outcry and a special debate in the Knesset
Knesset
The Knesset is the unicameral legislature of Israel, located in Givat Ram, Jerusalem.-Role in Israeli Government :The legislative branch of the Israeli government, the Knesset passes all laws, elects the President and Prime Minister , approves the cabinet, and supervises the work of the government...
.
Geoffrey Alderman
In early 2009, Geoffrey AldermanGeoffrey Alderman
Geoffrey Alderman is a British historian, especially of the Jewish community in England in the 19th and 20th centuries, and also an academic, political adviser and award-winning journalist.-Life:...
engaged in another controversy, when he argued that according to Jewish religious law, every Palestinian in Gaza
Gaza Strip
thumb|Gaza city skylineThe Gaza Strip lies on the Eastern coast of the Mediterranean Sea. The Strip borders Egypt on the southwest and Israel on the south, east and north. It is about long, and between 6 and 12 kilometres wide, with a total area of...
who voted for Hamas
Hamas
Hamas is the Palestinian Sunni Islamic or Islamist political party that governs the Gaza Strip. Hamas also has a military wing, the Izz ad-Din al-Qassam Brigades...
was a legitimate target. He articulated his position in a
debate with rabbi David J Goldberg in The Guardian
The Guardian
The Guardian, formerly known as The Manchester Guardian , is a British national daily newspaper in the Berliner format...
's commentary section He argues that according to the Halaka "it is entirely legitimate to kill a rodef – that is to say, one who endangers the life of another – and this is true, incidentally, even if the rodef has not yet actually taken another life".
Furthermore, he argues that
It seems clear to me from a commonsense reading of this passage [Babylonian Talmud, Tractate Sanhedrin, folio 73a] that the concept of a rodef encompasses those who advocate or incite the murder of Jews. Every Gazan citizen who voted for Hamas must – surely – come within this category, because Hamas as a movement is explicitly committed to the destruction, not simply of Israel, but of the Jewish people.