Israel at War – Halachos of warfare, “collateral damage,” prisoner swaps, refusing medical treatment to terrorists, and much more - Halacha Headlines
10/19/23 - SHIUR 439

Israel at War – Halachos of warfare, “collateral damage,” prisoner swaps, refusing medical treatment to terrorists, and much more

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Do we need to worry about “collateral damage” when bombing Gaza?
Can a Jewish doctor refuse to treat an injured terrorist?
What does halacha say about having a death sentence for terrorists?
Are prisoner swaps permitted, if Israel exchanges many more prisoners than it receives?
How can we process the trauma we are experiencing?
What can we do to be there for families directly affected?

6 Comments

Raphael Grossman

My chavrusa, a Lakewood Kollel member in the early 1960’s, attended the massive Tefila assemblage in Flatbush . He was very impressed by the sincerity of the Tefilos and the heartfelt Drashos given. However, he was very disappointed that not one mention was made regarding the Hakaros Hatov we should have towards the IDF soldiers. This reminded me of a conversation I had with Rav Mordechai Marcus ZTL, the revered Rov of the Lakewood minyan of Flatbush. I asked Rav Marcus if it was true that Rav Yackov Kaminestky ZTL said that if you live in Israel then you have to serve in the IDF. He said it was true and that he even knows who asked Rav Yackov the Sheila. It was, Dov Shurin, a close relative of Rav Yackov. Rav Yackov told his relative that his psak is based on the posek in Matos, “Your brothers are going to fight in the war and you will to say home!? “ Rav Yackov felt that it is considered a milchemas mitzvah to fight whenever Goyim want to kill us. Rav Yitzchok Breitowitz, a Rosh Yeshiva in Ohr Samayach, said that we have so much machlokas because the Chareidm rarely express Hakaros Hatov to the soldiers who serve in the IDF and those who serve in the Army do not express Hakaros Hatov to those who are moser nefesh to learn Torah that maintains the survival of Klal Yisroel. If both sides appreciated each other we would have Shalom. We should be zoche to reach the level that Chazel say, “Talmidei Chachomin increase Shalom in the world. “

A Katz

Thank you for your excellent shiur!
I have a comment regarding what R’ Breitowitz said about killing captured terrorists. He presented a theoretical argument based on the Rambam that the onesh of a Ben Noach can be meted out by a yachid, on which I’m not qualified to comment. However this is all really besides the point. On the one hand it’s obvious that the State has the power to execute even Jewish criminals when needed, and kal vechomer enemy soldiers so there’s no need to bring in dinei Bnei Noach.

On the other hand there are clear prudential concerns around executing prisoners (as expressed by Yaakov Avinu in the Shechem case), based on which Israel does not kill captured terrorists. In that case the State would likely be equally justified in banning a yachid from doing it, even if the inference from the Rambam is correct.

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Shiur 365 Riddle

Submitted by Avi Stewart
A:

A) Emes isn’t always visible and clear. It’s often cloaked in confusion.

B). It’s only in hindsight. That we realize how good it was. And how correct and Emes it was.

A:

א- נראה ע״ד הצחות, עיין תרגום יונתן בראשית היא בחכמתא, וא״כ די לחכימא ברמיזא
ב- י״ל הנה מצינו במדרש אמת אמר שלא יברא העולם והשליך אמת ארצה ע״פ פסוק אמת מארץ תצמח, ולכן אינה ראוי ליכתוב אמת בתחילת הבריאה במפורש

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Rabbi Berel Wein, Rabbi Yitzchak Breitowitz, Mr. Jonathan Rosenblum, Rabbi Dr. Dovid Fox, Rabbi Daniel Wasserman, Professor Claude Berrebi
Israel at War – Halachos of warfare, “collateral damage,” prisoner swaps, refusing medical treatment to terrorists, and much more
Downloads :
Rabbi Berel Wein, Rabbi Yitzchak Breitowitz, Mr. Jonathan Rosenblum, Rabbi Dr. Dovid Fox, Rabbi Daniel Wasserman, Professor Claude Berrebi
Israel at War – Halachos of warfare, “collateral damage,” prisoner swaps, refusing medical treatment to terrorists, and much more
Downloads :
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