Should Israel Give Terrorists the Death Penalty?

Paraphrased Translation of bold: We are commanded to kill all those that violate commandments whose death requires beheading.

(1) Adam, the first man, was commanded with six commandments: 1) idolatry, 2) “blessing” (euphemistically) the Name (of G-d), 3) murder, 4) illicit sexual relations, 5) thievery and, 6) establishing a system of justice. Even though all of these have been received as a Tradition from Moses our Teacher and we can understand the rationale for them, nevertheless, from (verses in) the Torah (we learn that) it was these that they were commanded. A seventh commandment forbidding the eating of a limb torn from a live animal was added for Noah, as it says, “Even flesh, life is in the blood, do not eat of it” (Genesis 9:4)...

What must they do to fulfill their requirement regarding the Law of Justice? They have to set up magistrates and judges in each district to judge the people with regard to these Six Commandments; and they must issue warnings (about them) to the people. A non-Jew who violates one of the Seven Commandments is executed by means of the sword. It was for this reason all residents of the City of Shechem deserved to be executed. For Shechem kidnapped¹⁰²Dinah., and they saw and knew and failed to judge him. A non-Jew is executed by the testimony of one, and with one judge, without forewarning, and by the testimony of relatives, but not by the testimony of a woman¹⁰³Other editions are missing the words, “but not by the testimony”.. A woman may not judge for them.

And the sons of Yaakov answered Shekhem and his father Chamor with guile: And many will ask, "And how is it that the righteous sons of Yaakov did this act to spill innocent blood?" And the teacher (Ramabam) answered in the Book of Judges (Mishneh Torah, Kings and Wars 14:9) and said that the Children of Noach (gentiles) are commanded about laws (dinim), and that is that they set up judges in each and every town to judge about their six commandments. And a gentile who transgresses one of them is killed by the sword. [Likewise] if one sees someone who transgresses one of them and [that a court] did not judge him to kill him, behold, this observer should kill him with the sword. And because of this, all the men of Shekhem were liable for [the] death [penalty]. As behold, Shekhem had [kidnapped] and they all saw and knew [it] and did not judge him (and since they did not enforce civil law, their punishment was death). And these words are not correct in my eyes. As, if so, Yaakov, our father, was obligated to be prior and merit [to be the instrument] in their deaths. And if he was afraid from them, why did he get angry with his sons and curse their anger several times and punish them and divide and scatter them? Did they not merit and do a commandment and trust in God, and He rescued them? But according to my opinion, the laws that were counted [as one] of the seven commandments that the Children of Noach were commanded is not only to set up judges in each and every town, but [rather] He commanded them in the laws of theft and fraud, abuse, fair wages, laws of guardianship, rape and seduction, the main categories of damages, injury to ones's fellow, laws of the borrower and lender, laws of purchase and sale and similar to them - like the matter of the laws that Israel was commanded. And he is killed for them if he steals or abuses or rapes or seduces the daughter of his fellow, or if he burnt his hedge and caused injury with it, and similar to this. And in the category of this commandment is also that they set up judges in each and every city - like Israel. And if they do not do so, they are not killed; as this is a positive commandment. And they only said (Sanhedrin 57a), "Their warning is their death penalty" - and only the prevention of a negative commandment is called a "warning." And this is the way of the gemara in Sanhedrin 59... And [for] what is the teacher seeking their liability [for the death penalty]? Were the men of Shekhem and all of the seven nations not idolaters, sexually immoral and doing all of the abominations to God? And Scripture yells out about them in several places... But rather [the reason that Yaakov did not want to kill them is that] the matter is not given over to Yaakov and his sons to enforce the law upon them. But the [actual understanding of the] matter of Shekhem is that since they were evildoers and their blood was considered like water about them, the sons of Yaakov (Shimon and Levi) wanted to take vengeance upon them with the vengeful sword...

If one acquired from an idolater, an adult slave who is unwilling to be circumcised, efforts are to be made for a period of twelve months to persuade him to submit to the rite. Should he at the end of this period still remain uncircumcised, he may not be retained but must be resold to a non-Israelite. But if, while he had still been with his non-Israelite master, the condition of sale had been made that he was not to be circumcised, he may be retained (by his new Jewish owner), though uncircumcised—provided that he undertakes to keep the seven Noachide precepts and he will then have the status of a proselyte of the gate. If he does not accept these seven precepts he is to be put to death (as a lawless individual). Proselytes of the gate are only received while the institution of the Jubilee is in force.

Paraphrased Translation: The Raavad writes that the non-Jewish slave should be sold immediately because we don't have the ability nowadays to give out capital punishment.

(6) When does the above apply? When the person has already transgressed and performed the transgression for which he is liable to be executed by the court. When, however, a person is pursuing a colleague with the intention of killing him - even if the pursuer is a minor - every Jewish person is commanded to attempt to save the person being pursued, even if it is necessary to kill the pursuer.

(7) What is implied? If the Rodef was warned and continues to pursue his intended victim, even though he did not acknowledge the warning, since he continues his pursuit he should be killed. If it is possible to save the pursued by damaging one of the limbs of the rodef, one should. Thus, if one can strike him with an arrow, a stone or a sword, and cut off his hand, break his leg, blind him or in another way prevent him from achieving his objective, one should do so. If there is no way to be precise in one's aim and save the person being pursued without killing the rodef, one should kill him, even though he has not yet killed his victim...