Thursday, November 22, 2018

Killing Innocent Civilians


Kahane on the Parsha
Parshat VaYishlach
KILLING INNOCENT CIVILIANS
Shimon and Levi's annihilation of Shechem sheds light on a subject of particular relevance to us: collective punishment. For here is Shimon and Levi, in response to a crime that was more sexually motivated than nationally motivated, wiping out an entire city because of the act of one individual. You can't get much more collective than that!
At this juncture, we will not respond to the modern falsifiers of Torah who condemn the act. The fact is that an examination of the episode of Parshat VaYishlach will reveal that Jacob does not censure his children for moral reasons, but for practical ones. "You have brought trouble on me," he tells Shimon and Levi, "to make me odious among the inhabitants of the land...and since I am few in number, they will gather themselves against me and slay me, and I and my household will be destroyed" (Genesis 34:30).
The fact is, not one Torah commentator condemns the act. The annihilation of Shechem was the pride of the tribe of Shimon, which had a depiction of the city illustrated on its flag in the desert! (Bamidbar Rabba 2:7). All the commentators see the act as one of great mesirut nefesh. The only point of contention among them is why it was permitted.
The Rambam, for instance, writes that the gentiles of Shechem were guilty of not observing the seven Noahide Laws- one of which requires setting up a court system to try criminals. Since the people of Shechem did not try Shechem ben Chamor for his crime, they deserved the death penalty.
The Maharal differs. He writes that it was impossible for the people of Shechem to place their prince, whom they feared, on trial and hence were not liable for failing to do so. If so, why were Shimon and Levi permitted to annihilate Shechem's entire male population?
The Maharal answers: "Since the [Shechem] Canaanites and the Children of Israel were both nations...Shimon and Levi were permitted to fight them- like any nation which goes to battle against another nation, which the Torah permits. And though the Torah requires that 'when you draw near to a city to wage battle, you should make its people an offer of peace' (Deuteronomy 20:10), doing so is only necessary if the city did not harm Israel. But in this case, where the combatant DID harm Israel, committing an abominable immoral act, unprovoked, it was permissible for Shimon and Levi to take revenge on Shechem. Even though only one person sinned, he was part of a collective."
The Maharal concludes: "And such is the case in every war of a similar nature. For example, [G-d told Moses,] 'Take vengeance against the Midianites.' Even though many Midianites did nothing wrong, it makes no difference because they were all from the same nation that harmed Israel and therefore Israel was allowed to wage war against it. And the same is true of all of [Israel's] wars."
Darka Shel Torah
Rabbi Binyamin Kahane HY"D
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Please continue your prayers for Rivka bat Talya the 20-year old daughter of Binyamin and Talya Kahane, may G-d avenge their blood.

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