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Rav Levanon: Death Penalty for Murderers of Abu-Khenin


levanonHaRav Elyakim Levanon Shlita, Chief Rabbi of the Shomron and a prominent dati leumi posek has called for the death penalty for the murderers of the Jerusalem Arab teen killed in a revenge attack. Rabbi Levanon refers to the murder of 16-year-old Muhmad Abu-Khenin last week. His lifeless burned body was found dumped in the Jerusalem Forest during the predawn hours on Wednesday, 4 Tammuz 5774.

The rav released the psak halacha after hearing of the arrest of suspects in the case. According to media releases from security agencies, some of the suspects have already admitted to the murder and have even reenacted the crime. They reportedly murdered the Arab teenager to avenge the murders of Gilad Shaar, Naftali Frenkel and Eyal Yifrach, the three Jewish teenagers who were kidnapped and murdered by Hamas terrorists.

The rav told Walla News “To our profound sorrow is appears that Jews committed the murder of the Arab youth. Jewish Law does not have mercy for cruel murders and this is the case if we are talking about murderers of Jewish youths or an Arab youth.

“Even during a time in which there is no authorized Sanhedrin a beis din can hand down the death penalty for one who committee this public crime. Such is the case for those who kidnapped and murdered the three youths – they too must be sentenced to death”.

The rav added that it is essential to hand down a death penalty for the murder of the Arab youth to fulfill וביערת הרע מקרבך.

(YWN – Israel Desk, Jerusalem)



36 Responses

  1. There is precedent for this in the Gemara in Yevamos where Dovid HaMelech killed descendents of Shaul for the killing of the Givonim. Even though min hadin they were not chayav misa מוטב שתעקר אות אחת מן חתורח ואל יתחלל שם שמים בפרחםיא.

  2. Death penalties for political crimes, even murder and terrorism, and historically not only ineffective but also counter-productive. All they do is make people who might have otherwise been regarded as little better than common criminals into great patriots and martyrs. It doesn’t make any difference what ideologies are involved.

  3. If this person believes the secular Zionists Shin Bet and the media that the boys “admitted” and gives his psak halachah based on that, he is not suited to be a Rabbi.

    And to him I would also say: Don’t be so quick to condemn. Had you gone through the torture the Shin Bet gave them, you would also “confess”. The strongest person is unable to endure such torture. This is another fabricated “evidence” by the Shin Bet for political motives. I know what I’m talking about. This is typical Zionists to make Jews appear to be as cruel as Arabs.

    The government, in order to quieten down the Arabs, grabbed some boys seen on a little clip and indicted them, although that little clip shows nothing more than most probably asking for directions as I mentioned earlier.

    The way you judge others, that’s the way Hashem judges you and will judge you after 120 even though they got “all the proof”. I would much rather be judged favorably.

  4. Another reason for opposing capital punishment for terrorists is the high integrity (or rather, lack thereof) of the Israeli legal system, including the practices of its secret police (mild by international standards, but still outrageous and offensive to any concept or pretense of “due process”).

    To Arye: The goal of zionism was to make the Jews as cruel as the goyim. To them, that’s a major accomplishment. That’s what they want.

  5. #3 is right you can not believe the Israeli government, on the post yesterday of them getting caught it said they are being denied legal representation. that alone should tell you, you cant trust the confessions. another possibility is they never apprehended anyone they are just saying they did after all they did not make public any faces or names of the perpetrators

  6. I firmly believe that this “heinous crime” is nothing more than a heinous crime done by Arabs against Arabs that is being used by abbas Yemach Shemo and Pallywood to frame Israel and the Jews. They hate Jews, and hating Israel is just another way to hate the Jews. When they claim to be anti-Zionist but love Jews, they are lying like the lying pigs they are. Why should we believe them now when they are yet again picking up some event inside the Arab sphere and creating a lie around it to harm us?

  7. #2 – I humbly disagree with you. The issue here is not “results”, but rather “Tzedek”! I am not big enough to state an opinion of what the punishment should be, but I certainly understand the logic that Rav Levanon is using.

    #3, 4 – we can’t just assume that everything the Government does is Sheker. Yes, there is a possibility that it is as you say, but without proof of what you are saying you don’t have the right to state such a thing as fact.

    If there is clear proof that they murdered this boy(and keep in mind that there are videos of the kidnapping) then Tzedek demands punishment.

    One other point of thought for the two of you. My senses tell me that if this article was quoting a Rav that wore a black kipa or a streimel your comments would be different.

    Although we need to stand up for Torah and make it clear that the Gedolim ALL state that the Government is the koach of the Erev Rav and Amalek, non-the-less, we need to keep a straight mind and know what’s a real argument and what is not.

  8. I never knew you could mechayev someone to Mesa from hearsay and mosei Shem rah. That being the least problem for there is no halachah justification for them being mechayev Mesa unless there is Edem and who they killed was a yid.

  9. That is his opinion, and the Rambam hilchos retzicha 2:11 says that he is not deserving to be killed. Unless there is more to Rav Levanon’s psak – it is ridiculous and am aratzus.

  10. This so called rabbi makes no sense. Is he judge, jury and executioner? How disgusting! First of all I think it was arabs that killed the arab. These jews are scapegoats.

  11. #7 Not everything the government does is sheker but beating someone until they confess is no proof. And this is how they generally get their “proof” and this time too. They were indicted because of that little clip that showed nothing, certainly no kidnapping, and because the boy’s mother said so “immediately” after she heard the child was burnt. The boy’s father had a different story that Arabs killed him but the police refused to believe him and prefered to indict some Jews like the mother said.

    A Rav with yiras shamayim would know better than to give a psak halachah based on some Arab videos.

  12. For those who assume the poice 9and courts) are not to be trusted when they claim a specific Jews is guilty, why do you immediately believe the police when they claim a specific Arabs is guilty. Their “techniques” (which wouldn’t be allowed in the US), and their reliablity, are the same. The are equal opportunity perverters of justice.

  13. #12 – Get your facts straight. First of all, the father was talking about what happened to his 9 year old son, not this one. Second, you are stating something as fact when you have no solid proof. You did not see the police beat these 6 kids, nor has anyone come out publicly claiming that these boys were forced into confession (not even their families state such). So in essence you are stating something that you have convinced yourself.

    I, like you, was sure that Arabs were behind this heinous crime and was utterly shocked to hear otherwise. However, one has to be open minded enough to except the truth even if it hurts. At this point these boys are just “alleged murders” for they have not yet been tried. However, if they reveal clear evidence of having committed the crime and no-one disputes the evidence, then we must enact justice.

    As far as Rav Levanon’s statement, I assume he means “if they are indeed guilty”, then in his opinion they should be put to death.

    Side point – did you speak to Gadol B’Torah before posting such claims?

  14. #4 But they didn’t accomplish this goal now either baruch Hashem because we all know them by now. Even if the boys will be “found” guilty to the delight of the secular and sadly to some others who want to believe that Jews can be as heartless as Arabs, these boys did not commit the crime. Forcing someone to admit and refusing them lawyers is no confession.

  15. Has he called for the death of the arab murderers of our kedoshim?
    Crawling to public opinion is not befitting of a any jew,kal vochomer a public figure,
    Sickening

  16. #8,9, and 10,

    See the Gemara in Yevamos 79a. There is precedent for the death penalty even when Halacha would not allow it to prevent chillul Hashem. Don’t be so quick to call a Posek an “am ha’aretz.”

  17. benignuman: Using your krumma logic, you can advocate anyone who did anything wrong simply be executed. You are here quasi-supporting this guys position because your stomach tells you it will make you feel better. In other places we call this a boich svara. You are the same guy who will not support a death penalty today for those that commit mishkav zochar, which IS a capital crime. Yet here to make you in tune with popular secular sentiment of being tough here you take the opposite track where there is no such punishment.

  18. benignuman, a few problems with what you said. 1 we don’t paskin from gemorah, so unless you can quote a rishon at least it’s means ditto. Secondly, the chillul hashem has already be done and killing these boys would mean nothing. Thirdly unless you know all relevant facts you can’t paskin.

    Also to everyone that is saying to have an open mind that’s a load of garbage. Dan zchas zechus and it’s usser to believe reports about yidden doing anything or you would be ouver Mosei Shem rah. Granted they might not be frum yidden so it would be mutter to say lashon hora on them

    This whole arguments to have an open mind and believe every news report just because it’s on paper (or in words because we are on the internet), or whatever the authorities say is so ignorant I’m not even going to respond, especially when it’s about yidden which in most probability not only ignorant but also assur as well.

  19. If you consider Israel to be a goyish state, or even a Jewish state with a Melekh Yisrael, there is no question that the King (in our case, the kenesset which exercise smalchus) could execute all the terrorists it wanted since by definition a terrorist is a Morded be-malchus.

    However it is unwise to do so since that would make the martyrs and heroes. Consider how by executing the leaders of the “Easter Rebellion”, Britain turned a small unpopular autonomy movement into a sucessful republican revolution against British rule. And that doesn’t even consider the dubious validity of the Israel criminal justice system. Just because it might be mutar to be stupid doesn’t mean you have to be.

  20. #23 – Quote, “we don’t paskin from gemorah”

    We also don’t turn to Yeshiva Bachurim for Psak Halacha.

    Stop making statements that you haven’t discussed with Rabbanim.

  21. Have to resort to personal attacks on my user name?? Your assuming because of a username that I created a bunch of years ago that I’m still a bachur. Also what if I am? Did I say a valid comment or not? Just because of someone status you assume that he has nothing contribute? Also everyone is still a bachur no matter how old they are, seeking advice in matters and not relying on their own agana ceshbonus and daas to say things which is kenegad daas Torah (legitimate daas Torah) from ones mouth. Also if you actually assessed my posts I never paskined . Thank you and have a wonderful day.

  22. #22 (the Big One),

    No, not anything, and it is not a matter of advocacy. The case in the Gemara there is very similar to here in its pertinent parts and in the nature of the Chillul Hashem that Dovid HaMelech was seeking to avoid. That Gemara isn’t the only basis for carrying out the death penalty as akuperma explained in #24.

    This has nothing to do with my stomach. I suspected when I saw the article that some would jump to attack a Posek out of their own amaratzus. I was hoping to prevent that.

  23. First of all, there’s no aidim vihasra’a. Second of all, there’s no chiyuv misa for killing a goy. This rav’s psak is politically motivated. He’s trying to show the world that we’re not killers. However, it’s a mistake. This killing was not a crime. It was politically motivated and entirely appropriate during a time of war. As they did to us, so did we do to them.

  24. If it’s true, then they turned the three kedoshim into a chillul Hashem in the eyes of the world and which may result in many more killings of Yidden. The only kaparah for these Jewish killers is the ultimate penalty; misa, death.

  25. Yeshiva bachur,

    First, poskim do pasken from Gemara, especially in rare or new circumstances; pick up an Igros Moshe and read through a few teshuvos. Second, learn the Gemara in Yevamos 79a, in that case, as here, the prime Chillul Hashem had already been committed, the issue was the punishment meted out. Finally, neither you nor I know all of the relevant facts. I was writing only to point out that the death penalty can be meted out in circumstances similar to those alleged here assuming those allegations are true.

    What Rabbi Levanon is talking about is a hora’as shoh action. Such a concept of carrying out the death penalty in cases of hora’as shoh (even though it would not normally be permitted) has plenty of basis in halacha.

  26. #31, the psak is, “if they are guilty . . . then they should get the death penalty.”

    #28, in cases of grave Chillul Hashem, the death penalty can be given even when the basic halachic requirements are not met and even if there is no Sanhedrin.

    How can you say this killing was not a crime? If the allegations are true, they killed (in a brutal fashion) an innocent boy who had no connection to murdered Jewish teens and who posed no threat to anyone. War is not permission to kill random innocent people. Chas v’shalom to use “war” as permission to murder.

  27. Benignuman #27: So,then, it should be safe to assume that you’d just as strongly defend the position of a rabbi who advocated capital punishment for mishkav zochor (which actually DOES officially carry that penalty) today, as you are defending this rabbis position, correct? Based on your comment history elsewhere I suspect that is not correct, thus demonstrating your stance today is predicated on gut feeling rather than true Jewish Law.

  28. War has different rules, and this “victim” posteded on face book his pictures with 3 fingers celebrating the murder of Jewish Kadoshim. By this he identified yourself clearly to what camp he belongs, and that he is not innocent, but an enemy soldier. Anemy solder is a legitemate target at war. There is war righ now where enemy Arabs kill freely jews and do riots, and unthinkable, Jew in Eretz isroe are afraid of Arab pogroms. This heroic 6 jews, if they really did it, show greate Messiras Nefesh, because they clearly new that the entire police would be after them. But they decided, like Pinchas in this Parsh, to do something, when nobody else does. They are heros, and all of you who condem, keep your stupid condempnations to yourself.

  29. Additionally, the death penalty has been halachicly abolished with the dissolution of the Great Sanhedrin. Thus NO death penalty is possible halachicly today even if someone murdered multiple News in cold blood with warning and witnesses.

    That being said, if these accusation are true these perpetrators are rshoyim simply for endangering Jews lives with potential retaliation for their action.

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