st 36 America’s 1 Freedom | November 2007 hat does the Bible say about the right of self-defense and the duty to defend others? This article examines the moral teachings of the first five books of the Bible. These books are sometimes called the Pentateuch. Jews call them the , which means “teaching” or “instruction.” The Torah is by far the most important of Jewish scriptures. The Jewish Bible contains the same books as what Christians call the Dave Kopel’s popular “Old Testament.” Accordingly, the Torah is the foundation of the feature on the Christian scriptures. Gospels and self- The story of the Jewish people begins in the Golan Heights. Abram divided defense (“Is The Best in the book of Genesis, with a man his forces into groups, launched a night Defense A Good named Abram. God told Abram to leave attack “and smote them.” The defeated his home in Mesopotamia and go to the marauders attempted to flee with Book?,” Feb.) drew land of Canaan (modern Israel). Abram, their booty and prisoners, but Abram a huge response his wife Sarai and nephew Lot settled in pursued them “unto Hobah” (near from America’s 1st the town of Sodom. Damascus) and liberated all the captives Freedom readers. The kingdoms of Sodom and and the stolen treasure. Gomorrah were overrun by invaders The nearby kings went out to meet Here, Kopel follows from Mesopotamia. Lot, along with Abram after his great victory. Among up with a look at other townspeople, was carried away these kings was Melchizedek, king applicable teachings captive. One prisoner escaped, “and told of Salem, who also “was the priest of from Jewish law. Abram the Hebrew” what had happened. the most high God.” Abram gave a Although Lot had previously taken tithe (one-tenth) of his property to the best available land and left Abram Melchizedek the priest. When the other by Dave Kopel to fend for himself, Abram immediately kings tried to bargain with Abram for began a rescue mission. He the spoils of victory, Abram asked only “armed his trained that his allied kingdoms receive their servants,” all 318 of them. fair share. For himself and his household (Except as otherwise and fighters, he asked only for what they noted, this article uses had eaten. the In every respect, Abram was the [kjv] of the Bible, model of the ideal Jewish fighter: the most influential He fought to save the innocent, not Wtranslation in the for material gain. He was a bold and English-speaking successful commander who caught world.) and destroyed enemies. He was a good Abram diplomat who built an alliance with procured other victims of the aggressors. A great allies from priest blessed him for his good works three tiny of using violence to rescue innocents. kingdoms by the Immediately after the rescue mission, Dead Sea, where God changed Abram’s name to Abram and Lot had “Abraham” and gave him the Covenant been living. Abram led the that would create the Jewish people. combined forces in pursuit of Thousands of years later, after the Lot, and caught up with the New England settlers had won King captors near the town of Dan, Philip’s War in 1675-76, minister Samuel which is near Mount Hermon Nowell preached a sermon on Artillery

st America’s 1 Freedom | November 2007 37 Day—the day that new officers of the (Translation by Rashi, the foremost where the Pharaoh demanded to be militia artillery were elected. His sermon Jewish Bible commentator.) worshipped as a god, was more than the set forth the main lines of New England Instead of “armed,” the kjv uses the end of physical slavery. It marked the militia preaching that would be followed word “harnessed” (a word typically beginning of political self-rule by the into the American Revolution. Basing used for horses) as an awkward way of Hebrews and their spiritual liberation. Eric Voegelin, a historian of philosophy, wrote in his book The Ecumenic Age that the physical exodus was also a “spiritual exodus from the cosmological form of imperial rule. The sonship of God is transferred from the pharaoh to the people of Israel in immediate existence under .” he commandment, after Hence, a person’s life belongs to God, not to the government. all, does not say, “Thou After the liberation from Egypt, God gave the Hebrews and their leader shalt not kill humans,” the law, for now they would have but simply says, “Thou shalt to govern themselves as an independent, responsible people, rather than simply not kill.” The word in the original obey the dictates of slavemasters. The law required self-defense against Hebrew text is r’tzach, which criminal attack. The , chapter 22, would be translated as “.” absolves a homeowner who kills a burglar at night: “If a thief be found breaking up, and be smitten that he die, there shall be no blood shed for him.” The next verse states that, “If the sun be risen upon him, there shall be blood shed for him.” the sermon on the text “he armed expressing that the Hebrews marched Under the Mosaic law, the nearest his trained servants,” Nowell (and out in military order. Other translations relative of a person who was murdered countless other New England preachers) better express the passage’s sense that was obliged to kill the murderer, explained that God required people the Hebrews marched out free in providing blood restitution for the to defend themselves when unjustly glorious battle array: “And the people of death of the innocent. But when a attacked, that defensive training was a Israel went up … equipped for battle” nocturnal burglar was killed in the sacred obligation, and that God was a (Revised Standard Version); “and the act, there was no wrong-doing. Thus, “Man of War” who would always lead children of Israel went up armed” his relatives had no right of restitution them to victory if they fulfilled their (American Standard Version); “And the against the home-owner. duty to fight courageously. sons of Israel went up in military order” Similarly, the foundational Roman The next book of the Bible, Exodus, (American Baptist Publication Society). laws, known as the Twelve Tables, also tells of the liberation of the Hebrew The Hebrew word is chamushim, allowed the killing of a night thief in slaves from Egypt. After the 10 plagues probably related to the Egyptian chams, self-defense, while requiring that in the had finally convinced the Egyptians to meaning “lance.” Presumably, the daytime the victim first make a cry for let the Hebrews go, the Hebrews were weapons had been obtained from help (to summon neighbors) before allowed to take whatever they wanted the Egyptians. using deadly force. from the Egyptians, because God For most of human history, a One of the greatest Jewish legal schol- made the Egyptians favorably disposed distinctive feature of a free man has ars of antiquity was Philo of Alexandria to the Hebrews. The Hebrew slaves been that he possesses arms, while (approx. 20 b.c.– 50 a.d.), who wrote thus received partial reparations for a distinctive feature of a slave is that about the Jewish law in Alexandria, hundreds of years of slavery. he does not. Thus the text shows Egypt, during the period when Egypt Then: “God took the people toward that the Hebrews were marching out and Israel were both under Roman rule. the way of the Wilderness to the Sea of triumphantly as a free people, not Much of Philo’s treatise, The Special Reeds. And the Children of Israel were sneaking away surreptitiously like slaves. Laws, aimed to show that Jewish law armed when they went up from Egypt.” The Hebrew liberation from Egypt, was consistent with Roman law.

st T38 America’s 1 Freedom | November 2007 He argued that the Jewish law, like an innocent is based on two Torah threat to the household, then the burglar the Roman law, was based on self- passages. The first is Leviticus may be killed, regardless of the hour of defense, because every night burglar was 19:16, which provides, “neither shalt the day (Mekhilta Nezikin 13, 3, 101). a potential murderer. The burglar would thou stand against the blood of thy Some pacifists take the Sixth be armed, at the least, with iron house- neighbour.” Or in a modern translation, Commandment, which is often breaking tools, which could be used as “nor shall you stand idly by when translated as “Thou shalt not kill,” as weapons. Because assistance from the your neighbor’s life is at stake.”(New somehow negating what the rest of police or neighbors would be unlikely at American Bible) the Torah teaches about the duty of night, the victim was allowed immediate The second Torah passage comes defending oneself and others. resort to deadly force. from Deuteronomy, and explains that Yet no one actually interprets “Thou Philo thought it foolish to blame if a man and a betrothed (engaged) shalt not kill” completely literally. The arms rather than criminals for crime: woman had illicit sex in the city, it commandment, after all, does not say, “It is a piece of folly to be angry with would be presumed that she had “Thou shalt not kill humans,” but simply the servants rather than those who are consented, because she would have cried says, “Thou shalt not kill.” Read literally, the causes of … folly … [unless] it can out for help had she not consented. But “Thou shalt not kill” would forbid not be called fitting to let men go who have if the sexual act occurred in the country, only the consumption of meat, but also committed murder with the sword, and she would be presumed to have been the killing of vegetable, fruit and grain to content one’s self with throwing away the victim of a forcible rape, “For he plants. Likewise forbidden would be the sword …” found her in the field, and the betrothed use of antibiotics, including antibiotic The is a multi-layered damsel cried . . . there was none to save soap, which deliberately kills millions commentary on Jewish law. New her” (23:23-27). The passage implies a of bacteria. editions incorporate additional duty of bystanders to heed a woman’s If one is willing to depart from an materials from new commentators. cries and come to her rescue. (The absolutely literal application of the King The Babylonian Talmud (first written presumptions about consent or James translation, then it is reasonable around the sixth century by the large non-consent could be overcome by to apply the commandment according Jewish community that lived in what other evidence.) to its plain meaning in the original is now Iraq) explained the passages in One of the most important parts of Hebrew. The word in the original Exodus: “What is reason for the law of Jewish Oral Law (which was eventually Hebrew text is r’tzach, which would breaking in? Because it is certain that written down in the Talmud and in be translated as “murder.” The Jewish no man is inactive where his property is other documents) are the Mitzvot, 613 Publication Society Torah Commentary concerned; therefore, this one [the thief] commands from God that guide Jewish on Exodus explains that the Hebrew must have reasoned, ‘If I go there, he life. One Mitzvot requires everyone verb stem “applies only to illegal killing [the owner] will oppose me and prevent “To save a person who is being pursued and, unlike other verbs for the taking of me; but if he does, I will kill him.’” even if it is necessary to kill the pursuer.” life, is never used in the administration Hence: “If he come to slay thee, forestall Another Mitzvot commands a person of justice or for killing in war.” by slaying him” (Sanhedrin 72a). “Not to have pity on a pursuer. Rather, Thus, the Mitzvot that implements The last sentence is sometimes he should be killed before he kills or the Sixth Commandment states that translated as “If someone comes to rapes the person he is pursuing.” a good Jew is required “Not to kill kill you, rise up and kill him first.” The A 1998 Israeli law, derived from an innocent person, as [the Sixth sentence does not delegate discretion; it Leviticus, mandates that a person aid Commandment] states: ‘Do not murder.’” is a positive command. A Jew has a duty another who is in immediate danger In sum, the first five books of the to use deadly force to defend himself or if aid can be rendered without danger Bible offer nothing to support an herself against murderous attack. to the rescuer. A few American states argument that defensive violence is The Talmud also imposes an have similar laws, often called Good wrong, as many gun-banners would affirmative duty on bystanders to kill Samaritan Laws. like you to believe. To the contrary, if necessary to prevent a murder, the In the Talmud and elsewhere, using force to protect oneself and other rape of a betrothed woman or pederasty all significant Jewish commentators innocents is not only a right, but a (Sanhedrin 73a.) have read the Exodus passage about positive moral duty. Commentators have agreed that a the sun being risen on the burglar as person is required even to hire a rescuer metaphorical. “If the sun be risen upon if necessary to save the victim from the him” means “If the burglar’s intentions Editor’s Note: “pursuer” (the rodef). Likewise, “if one are plainly non-violent.” Thus, if a This article is a condensed version of sees a wild beast ravaging [a fellow] or householder is certain that a burglar will Kopel’s article, “The Torah and Self- bandits coming to attack him … he is not use violence, then the householder Defense,” published in volume 109 of the obligated to save [the fellow]”. may not kill the burglar, even at night. Penn State Law Review, and available at The duty to use force to defend Conversely, if the burglar is a violent davekopel.org

st America’s 1 Freedom | November 2007 39