Psak 5768 Tamuz 13
Informal translation from Hebrew of the 13 Tammuz, 5768 (17 July, 2008) statement:
A citizen has the responsibility to strike in order to kill terrorists at the time of an attack or suspected attack
There has been a never ending string of failures by security forces in protecting Jewish lives in Jerusalem, in the streets, in Yeshivat Merkaz haRav, and in the eastern part of the city, and in the entire country. Beginning with disregarding attacks on the Jews of Yaffo, like the complaints of an old Jewish lady that suffered from beatings and harassment over the course of years, and ending with the national surrender and the return of murderous terrorists to their dispatchers, turning them in to heroes, all in return for receiving the corpses of our soldiers.
There is no end to the list of failures, but we shall mention some of the turning points on the way.
Disregarding the calls for help from Jews attacked by their neighbors in Peki’in, and the inability to locate who threw a hand grenade, and who rioted, who destroyed Jewish property, and caused the fleeing of the last Jews of Peki’in, what didn’t even occur under the rule of the Turks.
Disregarding the theft of tens of thousands of dunams of land belonging to the state, and occupied by Arab intruders, ignoring the purchasing rights of Jews on land, agreement and cooperation of the authorities of the state in the banishment of Jews, for example in the area between French Hill and Pisgat Ze’ev neighborhoods of Jerusalem.
Disregarding the spreading out of gangs extorting protection money throughout the Negev and the Galilee, and continuous and fatal damage, known through thefts, burglary, threats to life, mainly on those of Jewish farmers throughout the country. Continual infiltration of Arabs to the country by way of Mount Hebron for the purposes of intelligence, terrorism, and theft, despite real time warnings.
Last but not least, a mark of shame on our name, and a public profanation of G-d’s Name, releasing legendary murders in exchange for the right to bury a Jew! (See the ruling of the Sanhedrin on the prohibition of redeeming captives in exchange for more than their value from the summer of 5766.)
Security forces display inability. There is no doubt that this is affected by political considerations dependent mainly upon the Arab vote in the elections, and in the central committees of the ruling parties, in which a quarter of the members of the central committees are Arab.
The ideological and political justifications for this behavior invites destruction and death which gets greater as time passes, which means, aside from the definite danger to life, the fall of the land to the enemies and profanation of G-d’s Name. Thus noted, a few years ago, the rector of Al Azhar University in Cairo that the entire purpose of Zionism is to gather the Jews in to the Land of Israel so that it will be easier to destroy them (it won’t happen), and thus it is no different than the Muslim preaching throughout the Land of Israel.
Failure like what has been initiated is the actual direction that the authorities of the State of Israel are leading the Jewish Nation for a long time, and it does not take in to consideration at all the grave long term consequences. In order to preserve life and to sanctify the Name of G-d, we rule as follows – It is important that every Jew possesses a weapon and has the ability to protect his own life.
One must kill without hesitation every terrorist. When an act of aggression is perpetrated, one must not wait for security forces, and one must not rely on them. They have been sterilized by their superiors. It is important to kill the terrorist and to verify that he is dead such that he not rise up and continue to endanger life.
The Jewish public is aware that the policies of the judicial and policing systems are political policies which endanger the peace of the Jewish public. There is nothing to seek from the actions of this system, in as much as it frequently not only disregards Jewish property, their rights, and the obligation to protect their lives, but it also strengthens the enemy with its hostility to Jews. It is preferable that one should risk imprisonment and save life, his life, and the life of others of his nation. The actions of Shai Dromi is a proper example of good Jewish behavior. One who abstains/prevents the spilling of blood of murderers, the blood of the innocent is on their necks. There is no doubt that he would stand in judgment for this in the Heavenly Court, and in the future, G-d willing, in the hands of man as well.
We, the judges of the court of the Sanhedrin, sign on the above, in the presence of nine judges.
Rabbi Yoel Schwartz, Av Beit Din Rabbi Avraham Dov ben-Shor Rabbi Dov Meir Stein Rabbi Hillel Weiss Rabbi Yeshayah Hollander Rabbi Yisrael Ariel Rabbi Meir haLevi Chakak Rabbi Tzvi Idan Rabbi Shimon Albom