The Torah and Self-Defense (Shmirat Ha Gouf)
“SHMIRAT HA-GOUF” - Hebrew Proverb
(“PROTECT THE BODY”- English Translation)
In Memoriam of David Luna
Yaakov (Jacob) one of the Jewish nation’s forefathers exemplified a fundamental Torah principle: preparation. He took both spiritual and practical measures to protect his family and nation from an attack from his brother Eisov (Esau). First, Jacob prayed for deliverance and protection, second, he appeased Esau with gifts, and third, he prepared for war[1]. An understanding of the laws of self-defense is just as necessary for communities today as it was for the Patriarch Jacob. In an increasingly dangerous world, you may be your own first and last line of self-defense.
Importantly, Jewish law does not renounce pacifism or deconfliction as a practical response in cases of imminent danger or threat. In other words, the Jewish definition of pacifism, clearly found in the Jewish tradition, is “the minimization of violence.”. Rashi, quoting the Talmud which clearly mandates self-defense, comments, “Here the Torah has taught: if someone comes to kill you, rise up and kill him.”[2]
This three-fold approach of spiritual preparation, diplomacy, and training to prevent violence is incumbent on all responsible citizens. Western secular self-defense laws arguably follow the oldest written law, halacha (Torah law) reinforcing halachic self-defense mandates. Judaism unequivocally supports the fundamental right of defending oneself or a third party in danger.[3] The Torah states that the preservation of one’s life over the life of another applies in “cases of uncertain danger.”[4] Additionally, a person is permitted to kill an attacker bent on mayhem, rape, or murder to save his own life or another’s life.[5]
The example of a thief breaking into a home underscores the nexus between the Torah and modern secular law. A thief is presumed to have the intent to kill the owner of the house if challenged or, as noted in Exodus, “this person is coming to kill you, for he knows . . . [you] will not simply stand aside, and remain passive” as he steals. “Therefore, [the thief] comes with the intent that if the owner resists giving up his possessions, he will kill him.” [6] Indeed, it is a logical presumption if you, the owner/occupant of the home attempt to prevent the theft, the intruder may likely attack you.
A thief was deemed a “pursuer” who sought to kill; and, therefore, may be killed.[7] Thus, the owner or occupant of the house may kill the burglar during the act of burglary if the owner reasonably fears for his life. The modern equivalent in a home, business, or automobile invasion, you are under no obligation to retreat under the “castle doctrine.”
; and, therefore, may be killed. [8] Thus, the owner or occupant of the house may kill the burglar during the act of burglary if the owner reasonably fears for his life. The modern equivalent in a home, business, or automobile invasion, you are under no obligation to retreat under the “castle doctrine.”
Citing use of force considerations, the great Jewish Philosopher Maimonedes or “Rambam” advises that if you can maim or blind an intruder, do so. If it is impossible to be precise and save yourself without lethal force, then kill the attacker.[9] The modern objective reasonable use-of-force standard parallels the Torah’s mandates.[10] Jewish law explicitly states that if you are assaulted, you are innocent of any injuries inflicted on the attacker, since you have an unequivocal right to defend yourself. However, if you could have used less force or employed lethal force without justification, then you are guilty of battery or murder charges.[11] As today’s laws mandate, Rambam declared that killing a thief merely to protect property was forbidden. Neither was killing allowed when a crime victim clearly ascertained that he was not in physical danger. Similarly, a person who trespassed on one’s outside land to steal was not to be killed. This reasoning relied on the presumption that the thief came to steal without detection, and, hence, without physical confrontation.[12]
Both the Torah and modern law recognize pre-emptive self-defense. This occurs when you must initiate action against an assailant who has yet to take action, but has threatened you and displays the means, intent, and capability of harming you or a third party. In the case of the defense of an innocent third party[13] the Torah commands: “Do not stand idly by while your brother’s blood is at stake”.[14] You are obligated to place yourself in uncertain danger to save a victim from certain danger, even if it means endangering your own life to save the life of another. [15]
Modern laws, along with most cultures, synchronize with Jewish law in recognizing the sanctity and moral right to self-defense. Moreover, the right to defend others is duly proscribed. Equally well established under the Torah and modern law: only under the threat of imminent physical harm may you resort to force. As the Torah once again states, “If someone comes to kill you, rise up and kill him”[16] Thus, a parallel and legally grounded rationale would be, “If someone comes to injure you, rise up and injure him.” In sum according to both halachic, common and modern statutes, when there is no other choice, physical resistance is clearly the superior alternative policy than to submitting to evil. To be sure, using counter-violence in one’s own self-defense and that of others is not only permitted, it is mandated when necessary to prevent murder, and other capital crimes.
[1] Rashi, Bereshit/Genesis 32:3-14
[2] Id.
[3] Id.
[4] Rashi, Shemot/Exodus 22:1-2. See also: Radbaz, Pitchei Teshuva, Yoreh Deiah 157:15; Radbaz 3:627.
[5] Talmud Bavli, Sanhedrin 74a-b
[6] Shemot/Exodus 22:1-2.
[7] Id.
[8] Id.
[9] Rambam, Sefer Nezikin, Laws of Murderers and the Protection of Life Ch 1:7
[10] Shemot/Exodus 22:1-2.
[11] Shulchan Aruch, Choshin Mishpat, 420:1-13
[12] Maimondes, Hilchot Geneivah: The Laws of Theft, in Mishneh Torah 226 (Eliyahu Touger trans., Moznaim Pub. Corp. 1996-97) 226-228.
[13] Rambam, Mishnah Torah, Laws of Murderers and Protection of Life Ch 2
[14] Vayikra/Leviticus 19:16; Sefer HaMitzvot (Negative Commandment 297); Sefer HaChinuch (Positive Commandment 237); The Kessef Mishnah quoting the Jerusalem Talmud (as found in Sefer Me’irat Einayim 426:2)
[15] Id.
[16] Shemot/Exodus 22:1-2
