Religion Magazine

Interesting Psak: Apply the Death Penalty Equally

By Gldmeier @gldmeier
In a psak that, I think, took the Israeli community by surprise, Rav Elyakim Levanon, Rav of the Regional Council of the Shomron and Rosh Yeshiva of Elon Moreh, announced his opinion that the death penalty should be applied to the murderer/s of the Arab boy, Mohammed Abu-Kheidar.
Interesting Psak: apply the death penalty equally Rav Levanon said that Jewish law is not merciful, when talking about a cruel murder. The same is true when talking about the murder of the Jewish boys and when talking about the murder of the Arab boy.
Rav Levanon also said further that even today with no Sanhedrin, the courts in Israel have the ability to give the death penalty on someone who committed a public crime. So too with the murderers who abducted and killed the three Jewish boys - we must give them the death penalty. And with the murderers of the Arab boy as well, we must give the death penalty and fulfill the dictate of removing evil from amongst us.
sources: Walla, NRG, Kikar, and others
It is not clear to me whether Rav Levanon is referring to the secular court system of Israel having that right and ability due there being no sanhedrin today, or if only the religious courts, the batei din, have that ability. It seems to me he is referring to the secular courts, but I do not understand how they adopt that right from the Sanhedrin, if he is referring to a halachic death penalty rather than one based on secular law.
Personally I have always been in favor of the death penalty, but that is from a secular legal perspective, rather than a halachic one. I have always been told that halacha does not mandate a death penalty nowadays. I could accept that Rav Levanon holds the batei din have the right to administer the death penalty nowadays, with no Sanhedrin, but I don't understand how he can give that right to the secular courts.
What I do like is that this psak seems to be without any hypocrisy. He is not just sayng it because the public is outraged, and he is not just saying it because a Jew was murdered, but he is saying it for both situations - for the Jews that were murdered and for the Arab that was murdered.
Interesting Psak: apply the death penalty equally As well, Yariv Oppenheimer, director of Peace Now, publicized his opposition to the death penalty. I almost suspected that leftists would now call for the death penalty because a Jew murdered an Arab. I was impressed when Oppenheimer argued with Rav Levanon and said that he is against the death penalty, both for the Jewish murderers and for the Arab murderers, as it is unethical - nobody, including the State, has the right to take a life. I personally disagree with that outlook, but I appreciate that he is at least applying it equally.

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