Torat HaMelech: Case Closed!

Sanity prevails:

The Attorney General's office on Monday announced that it would not pursue charges against Rabbis Yitzchak Shapira and Yosef Yirmiyahu Elitzur, who authored the book that was considered controversial by some over claims that it incites against Arabs. The cases against Rabbis Yitzchak Ginsburg and Dov Lior, who gave a haskama - a stamp of approval- to the book will be dropped as well.

Interesting to note are the reasons for closing the investigation:

Attorney General Yehuda Weinstein said that the investigation was being closed because there is not enough evidence that the book was published with the intention to incite racism. Weinstein wrote that the Torat Hamelech is written in a general manner and does not call for violence. 

Readers of this blog already knew that.  Such a shame that the police harassed leading rabbis for no reason at all.  

Is it Better to Kill a Terorist or Turn Him Over to the Police?

The shameful release of 1027 terrorists in return for Gilead Shalit is continuing to make waves. Rabbi Yosef Elitzur, one of the co-authors of "Torat HaMelech", came out with a not so surprising suggestion following the deal. I will quote jpost's mistranslation of part of what he wrote:

“When the state apparatus broadcasts in an unequivocal manner that there is almost no price to be paid for shedding Jewish blood, it is not clear if it’s a good idea to let the police take care of these issues,” the rabbi wrote.

“At the very least, if there is a window of opportunity in which you can claim selfdefense so that the [legal] framework won’t be overtly damaged, it is better to kill the terrorist and so raise the price of Jewish blood, which has been continually cheapened.”

Now the original Hebrew:

כאשר המערכת משדרת באופן חד וחלק שעל פגיעה ביהודים כמעט ואין מחיר (צאו וחישבו לבד תוך כמה שנים ישתחררו רוצחי משפחת פוגל..) – לא ברור אם טוב להשאיר למשטרה את הטיפול בדברים כאלה. אולי, לפחות כאשר נוצר חלון הזדמנות שבו אפשר לטעון להגנה עצמית וכך גם המערכת לא נפגעת כל כך, מוטב להרוג את המחבל וכך לייקר ולו במעט את דם ישראל שהולך ונעשה זול, למרבה החרפה

This is how jpost's translation should have been (omissions in bold) :

“When the state apparatus broadcasts in an unequivocal manner that there is almost no price to be paid for shedding Jewish blood (calculate by yourself within how many years the murderers of the Fogel family will be released) , it is not clear if it’s a good idea to let the police take care of these issues,” the rabbi wrote.

“Perhaps, at the very least, if there is a window of opportunity in which you can claim selfdefense so that the [legal] framework won’t be overtly damaged, it is better to kill the terrorist and so raise, even a little bit, the price of Jewish blood, which has been continually cheapened, to our great disgrace.”

All of the omissions are a disgrace considering that jpost put Rabbi Elitzur's comments in quotation marks and did not paraphrase him. However, the omission of the word "perhaps" in the second paragraph simply distorts what the Rabbi wrote. The word "perhaps" adds an important nuance and makes jpost's headline ("Better to kill a terrorist than call the police") patently false.

Torat HaMelech 10: Haifa University Stifles Freedom of Speech

This is amazing:

The University of Haifa announced on Wednesday its decision to postpone a conference booked for next week on the book Torat Hamelech (“The King’s Torah”) and featuring one of its authors, following pressure from numerous organizations on the school’s president, Prof. Aaron Ben-Ze’ev.

“The university is firmly opposed to the stances expressed in the book Torat Hamelech, and it is just because of that [that we think] the way to expose the depth to which these stances are distorted is to hold conferences that air these opinions, and not to hide them and pretend they do not exist,” a statement read.

“At the same time, after various organizations approached the university, the president of the University of Haifa has decided to postpone the conference, in order to examine the issue.”

Besides the usual array of academic researchers who would have been discussing the book, the conference – planned for Monday under the title “Torat Hamelech – Halacha, morality and the limits of the public discourse” – had one of the treatise’s authors, Rabbi Yitzhak Shapira, scheduled for a debate at the end of the day with Rabbi Ariel Finkelstein of Yeshivat Ahavat Yisrael in Netivot, who wrote a book, Derech Hamelech (“The Way of the King”), that countered Shapira’s thesis point-by-point. Shapira rarely speaks to the media, and never to the secular media.

Torat Hamelech, published in 2009, deals with the attitude of Jews toward gentiles in times of war, and states that under certain circumstances, noninvolved gentiles may be preemptively killed, including children. The authors of the book, as well as a group of rabbis who wrote rabbinic endorsements to it, were investigated by police on suspicion to incitement to racism and violence. No charges have been pressed so far.

One of the organizations that was instrumental in pressuring Ben-Ze’ev expressed satisfaction following the university’s decision.

“Brit Hoshech Legaresh is very pleased the event has been postponed, and we hope it will be canceled,” Dr. Gadi Gvariyahu said. Brit Hoshech Legaresh (Dispelling Darkness Alliance), representing 16 social and pluralistic groups and dedicated to fighting racism, was formed following Torat Hamelech’s publication in 2009.

“In the same way an imam preaching to kill Jews wouldn’t receive a platform, here too there is no need to give a platform to a rabbi who preaches to kill gentiles. Brit Hoshech Legaresh will continue to act to cancel any event taking place in honor of the book Torat Hamelech,” Gvariyahu said.

Shapira and his co-author, Rabbi Yosef Elitzur, had invited the same Brit Hoshech Legaresh to meet with them and discuss the book nearly two years ago, an invitation the organization ignored.

But others saw the conference’s postponement, and potential cancellation, as running counter to academia’s duty to explore, understand and debate issues, even controversial ones such as those in the book.

“I agree with the first part of the university’s statement, which is why I can’t understand the second part of it,” said Tomer Persico, a researcher at the contemporary religions program at Tel Aviv University. Persico, who on his Facebook page called the book “a manifest of dark and ugly racism,” was scheduled to deliver a talk on religious language and the borders of discourse in the public realm at the conference.

“Whoever cares about freedom of expression and academic freedom should be in favor of such a conference,” he said, commending the fact that Shapira had agreed to leave the security of his natural political and religious surroundings to hold the debate in “the lion’s den” of academia.

And while remaining totally opposed to the book and its message, Ne’emanei Torah Ve’avoda, a liberal Orthodox Zionist organization, expressed disappointment over the university’s decision. “It is very problematic to provide a platform for people with extreme opinions, and we oppose to doing so,” the organization’s head Shmuel Shattach said. “At the same time, in a place where nearly every person is given an opportunity to speak his mind and air his extreme opinions of every kind, there is room to hear Shapira as well. I wouldn’t fight for Shapira’s right to express his opinions from the outset, but in the name of freedom of expression, where the limits of pluralism are stretched to let everyone voice their stances – he should have that right too.”

Shattach added that his organization’s upcoming publication for youth will be dedicated to countering Torat Hamelech.

Shapira didn’t seem too flustered by the university’s cold shoulder.

“Anyone who wants to come and debate and hear about the book Torah Hamelech is invited to come to us,” Shapira, head of the Yitzhar yeshiva, was quoted as saying by the Hakol Hayehudi website Wednesday.

“If the lecturers and students would like, I’d be happy to give them a lecture on the topic.”

The behavior of Haifa U. is abhorrent and cowardly. I think a debate between the authors of Torat HaMelech and Derech HaMelech would be fascinating. I suggest that such a debate be held in a National Religious framework.

Torat HaMelech 9: Those Brits Crack Me Up!

As the British are suffering an epidemic of rioting and looting, their security officials have spare time for other activities:

British security officials banned Rabbi Yosef Elitzur from entering the country over opinions expressed in the book Torat HaMelekh (Law of the King), which he co-wrote with Rabbi Yitzhak Shapira.
The book, which has generated significant controversy in Israel, is an academic treastie on Jewish Law as it pertains to warfare. In it Elitzur expressed the opinion that the lives of Jewish soldiers should be placed ahead of enemy, non-Jewish civilians in battle.

Elitzur received a letter stating he may not enter the United Kingdom for the next three years under British law. By law in the UK, someone who supports terrorism with justifying opinions, encourages an act of terrorism, or spreads hatred may not enter the country.

That'll quell those rioters! Good show!

Torat HaMelech 8: The Difference Between Uninformed Opinion and Informed Opinion

One may agree or disagree with the book Torat HaMelech. But before deciding which side you are on, it is a good idea to read the book!


In Mishpacha, journalist Yonoson "Jonathan" Rosenblum weighs in on the Torat HaMelech controversy. Mr. Rosenblum admits that he did not read Torat HaMelech, is aware that the excerpts he saw may have been "deliberately crafted to provide ammunition for anti-Semites", and in spite of this offers us his opinion about the book:

When Both Sides Are Wrong

Yonoson Rosenblum | Wednesday, July 20, 2011

The controversy over Deputy State Prosecutor Shai Nitzan’s decision to confiscate copies of Torat HaMelech, a work by two rabbis from the West Bank settlement of Yitzhar, and to summon for police questioning two prominent national religious rabbis who wrote haskamos for the book, inspires one to shout “Shame on you” at all sides.

I have seen only excerpts of Torat HaMelech, but those excerpts might as well have been deliberately crafted to provide ammunition for anti-Semites who claim that Jews believe that only their blood has value. That is why Rav Elyashiv reportedly condemned the work as endangering Jews around the world. And Rav Zalman Nechemiah Goldberg, who initially also wrote a haskamah, subsequently withdrew it due to halachic errors that were pointed out to him, and other conclusions that “defy logic.”

The authors show a casual regard for life — Jewish as well as gentile. They classify those who lower national or IDF morale as rodfim. Ironically, that definition could include those who called upon soldiers to refuse orders to evacuate Gush Katif.

About twenty years ago, I debated a rabbi from the same circles. In the course of the evening, I found myself progressively horrified by his casual attitude towards bloodletting of “enemies”; by his willingness to rely on quotations pulled from aggadata to reach legal conclusions that, if implemented, would have immense implications for Jews around the world; and by his confidence that we live in an era in which Jews can say and do whatever they want in the Land of Israel without concern for the reaction of the rest of the world. Torat HaMelech reflects the same cast of mind.

Though I am convinced that Torat HaMelech is wrong both in tone and in its specific halachic conclusions, once Shai Nitzan’s prosecutorial group set its sights on the book and summoned rabbis for questioning, the Torah world could not remain indifferent.

As I read Mr. Rosenblum's article, I was "progressively horrified" by the low standard of journalism displayed. I can only say, "Shame on you" Mr. Rosenblum for commenting on the book without reading it first. One should not put the peh (mouth) before the ayin (eye). His article is barely a league above the shrill reporting of the Israeli MSM. I am quite disappointed. I must also add that the expulsion of Jews from the Gaza Strip was indeed carried out by soldiers. However, this immoral action of a people's army against its own citizens was not carried out in the framework of war and has nothing to do with the book "Torat HaMelech".

On the other had Rabbi Shlomo Riskin apparently did read the book and he has something to say about it:

What was the alleged “transgression” for which Rabbi Lior was being remanded? He had joined three other recognized Torah personalities in endorsing a halachic treatise called Torat Hamelech (Prescriptive Directives of the King), written by Rabbis Yitzhak Shapira and Yosef Elitzur. The suspicion was that the book, purportedly expressing a lenient attitude toward murdering gentiles, was inciting against minorities in Israel. Since a significant verse in Masei deals with an important subject of the book, I am dedicating this Torah commentary to the issue.

Let me state at the outset that at no time do the authors of Torat Hamelech permit the killing of innocent gentiles, except in the heat of battle and in order to save innocent Jews. This is no different than the American aerial bombings of Afghanistan; although in the Israeli army our soldiers go house to house in pursuit of terrorists and arms caches, despite the inevitable loss of our own young men as a consequence.

He goes on to state what he does not like about the book. In conclusion he tells us:

Despite my critique, there is nothing in Torat Hamelech which can be considered a message of incitement to harm Arab neighbors who are not in a war against us, and there was no justification for calling Rabbi Lior to a police station for questioning.

Torat HaMelech 7

Rabbi Gil Student actually read "Torat HaMelech" and provides his analysis. The post and the talkbacks are interesting. Unfortunately Rabbi Student falls into the trap of trying to be "politically correct" by misusing the term "racist" and applying it to the book. I previously wrote about another misuse of this term here.

A Book That Counters the Claims of "Torat HaMelech"

Srugim reports that Ariel Finkelstain (that's how his name is spelled in the book), a graduate of the hesder yeshiva in Netivot, has wrote a book that counters the claims of the book "Torat HaMelech". The name of Finkelstain's book is "Derech Ha'Melech (The Path of the King), Racism and Discrimination of Gentiles In Halachah, A Halachik and Meta-Halachik Alternative to the book Torat Ha'Melech'"

Finkelstain's book is graced with the approbation of Rabbi Yaakov Ariel, the Chief Rabbi of Ramat Gan.

In my review of Torat HaMelech I wrote:

It is no secret that the book caused an uproar among the ignorant and among the learned as well. Personally, I could not care less what the ignoramuses have to say. They lack the tools to understand such a work. What's more, their desire to promote their warped version of reality often compromises any intellectual integrity they might have had. On the other hand, I am very interested in what the Rabbis have to say about the book. The gauntlet has been thrown down! Any Torah Scholar that does not agree with the book will have to pick up the gauntlet and show where the authors are mistaken, using Torah sources. Blanket condemnations that are not backed up with appropriate references to Rabbinic literature will not be accepted!

Congratulations to Ariel Finkelstain for picking up the gauntlet. The book can be downloaded at the web site of The"Ahavat Yisrael" "Hesder" Yeshiva in Netivot.

I hope to read and review it in the near future.

Torat HaMelech - Part 5

I've finally finished reading Torat HaMelech Part 1, cover to cover, all 230 pages with the footnotes. In an earlier post I suggested that I would write a review of the book. So here it is:



Torat HaMelech Part 1
R' Yitzchak Shapira and R' Yosef Elitzur
230 pages
Yeshivat Od Yosef Chai

Torat HaMelech is the book that the Torah observant soldier has been waiting for. The books for religious soldiers up until now dealt for the most part with the private miztvah observance of the soldier: how to keep the Sabbath, dietary laws, etc. in the army. Finally, someone has taken the responsibility to clarify what is proper in time of war and what is not, relying on Torah sources and not from what he or she imagines to be "moral". We learn our morals from the Torah, and not from the Sabbath desecrating judges of the Israeli High Court of Justice.

The pedagogical technique of the book is fantastic. The authors take the reader step by step, teaching him the foundations of these laws before moving on to more complex situations. Everything they write is backed up by Rabbinic sources, which they quote in their original language and later explain in modern day Hebrew. This gives the reader the feeling that he is listening to a lecture. At the end of the book is a three page summary of the book's six chapters. You really feel that the authors are doing everything they can to make the deep halachic inquiries understandable to the average religious Jew who has a background in Jewish learning.

It is no secret that the book caused an uproar among the ignorant and among the learned as well. Personally, I could not care less what the ignoramuses have to say. They lack the tools to understand such a work. What's more, their desire to promote their warped version of reality often compromises any intellectual integrity they might have had. On the other hand, I am very interested in what the Rabbis have to say about the book. The gauntlet has been thrown down! Any Torah Scholar that does not agree with the book will have to pick up the gauntlet and show where the authors are mistaken, using Torah sources. Blanket condemnations that are not backed up with appropriate references to Rabbinic literature will not be accepted!

The relevance of the book is obvious. Immoral people spread their mistaken notions of morality through the mass media. Combat soldiers are sent to jail for using "nohal shachen", which Torat HaMelech teaches us is a completely acceptable practice according to the Torah. The IDF endangers the lives of its soldiers in order to protect the lives of the enemy's civilians, a practice which is against Jewish Law and common sense.

This book is not easy reading. It is not a novel. If you do not have a background in Jewish learning the book is not for you. However, if you do have a background, and you are interested in knowing what the Torah has to say about morality in war, the book is highly recommended. I cannot wait for Part Two.

Torat HaMelech - Part 4

Methinks the Israeli Police has got its priorities all wrong. Jews are barely escaping being lynched in Jerusalem, and the police are dedicating valuable manpower to confiscate copies of Torat HaMelech from the Od Yosef Chai yeshiva:



Hat tip: Jameel

Torat HaMelech - Part 3

Rabbi Shapira, one of the authors of the book, has his say:

Torat HaMelech - Part 2

In order to understand the book Torat HaMelech, one must understand that the Torah requires different things from Jews and the rest of mankind.

Mankind is required to keep the 7 Noahide Laws. These laws include:

1) Do not murder.
2) Do not steal.
3) Do not worship false gods.
4) Do not be sexually immoral.
5) Do not eat a limb removed from a live animal.
6) Do not curse God.
7) Set up courts and bring offenders to justice.

These are all capital offenses!

Jews are required to keep 613 commandments (I'm not going to list them here). The ten commandments are included in the 613.

One must understand that we have two different sets of laws for two different groups: If a Jews eats pork chops, the penalty is 39 lashes. A gentile is allowed to eat pork chops, and lots of other things that are forbidden to Jews. A Jew that lights a fire on the Sabbath has committed a capital offense. There is no such prohibition for gentiles.

So if the authors of Torat HaMelech write that "Thou shalt not murder" does not apply to non-Jews, they are correct. Indeed from an objective reading of Exodus chapters 19 and 20 it is clear that the ten commandments were given to the Jewish People.

Does this mean that the Torah permits Jews to murder gentiles? The authors of Torat Melech make it clear, over and over again, that the Torah forbids murdering gentiles. This is learned from the rule that "There is nothing that is forbidden for gentiles that is permitted for Jews"(Sanhedrin 59A).

However, when a war is being waged the rules are different. FDR, Harry Truman, and LBJ would all clearly understand this.

Of course, all this does not prevent the distorters from distorting.

I can only endorse what Rabbi Yoel Schwartz and Rabbi Yeshayahu haCohen Hollander said regarding them:

If not for the newspaper Haaretz, which published a story on the book, the religious community probably would not have heard of it. The newspaper published its contents in a partial and perverted manner, as part of its tendency of the newspaper and its owners and members of its system to slander the rabbis of the settlements, residents of the settlements, all of mitzvah observant Judaism, and all the principles of Judaism. They are prepared, as part of their war on the religion of Israel, to slander, by means of partial quotes, their Jewish brethren, in spite of them knowing, as journalists, that they were quoted amidst further falsification, and in a manner which causes anti-Semitism, and hatred of Israel, and even though they are endangering the peace of all the Jews in the Diaspora.

Torat HaMelech

Take it from Cosmic X and his half century of life experience: If you see people reacting to a particular book in a totally irrational way, chances are that the book contains truth that is painful to them. Lacking the option of debating the contents of the book and proving the author wrong, the only weapons left for such creatures are slander, intentional distortions, ad hominem arguments and the like. In certain countries police harassment and judicial terrorism are also part of their arsenal.

I first saw the book "Torat HaMelech" when I went to the rally to support the soldiers that waved the banner proclaiming that they refuse to evacuate settlements.

I did not buy the book back then. I came to the rally to support the soldiers and not to buy books. What's more, the subject of the book was not on the top of Torah topics that I felt that I had to know.



However, the media circus surrounding the book including the utterances of certain media savvy rabbis, plus the police summoning the rabbis that gave approbations for the book for questioning, all these piqued my interest. The utter irrationality of it all told me that there must be some painful truth in "Torat HaMelech" that certain people want to suppress. I decided to buy a copy.

I still have a long way to go before finishing the book. So far it has proved informative and interesting. The multitude of sources cited by the authors is a sign of the long hours of research that went into preparing the book. Perhaps I will write a complete review when I am finished.