Psak 5766 Iyyar 5 - Revision history

Binyomin at 19:01, 6 August 2023

2023-08-06T19:01:20Z

Binyomin at 12:04, 3 November 2009

2009-11-03T12:04:21Z

Glevy25 at 09:17, 2 November 2009

2009-11-02T09:17:06Z

Binyomin at 21:14, 16 May 2009

2009-05-16T21:14:06Z

Binyomin at 21:06, 16 May 2009

2009-05-16T21:06:58Z

Binyomin at 21:05, 16 May 2009

2009-05-16T21:05:56Z

Binyomin at 20:04, 3 March 2008

2008-03-03T20:04:44Z

New page

:''[http://www.thesanhedrin.org/en/legal/psak5766Iyyar5.html Click here for the original page]''

Under construction

[[Category:Pages under construction]]
[[Category:Legal rulings and opinions to date]]

@@ Line 6: / Line 6: @@
 [[Image:wcab.gif]]<br>
 <big>Committee for Army and Security (War Cabinet)</big><br>
-Tel: 02-5661962, cell 050-6733831, fax: 057-7976007<br>
+Secretary: Rabbi Amnon Hever Tel: 054-9400909 b.d.hartzion@gmail.com<br>
 </center>

@@ Line 20: / Line 20: @@
 The answer is – '''it is not required.'''
-The Hamas government was elected by the Arab population of the Land of Israel which supports, by its own free well, a government which acts for the wiping out of Israel, and the killing and exile of the rest of its Jewish residents (See the "Palestinian" Charter<ref>The Palestinian National Charter can be found at http://www.pna.gov.ps/Government/gov/plo_Charter.asp</ref> and the Hamas Charter<ref>The Hamas Charter can be found at http://www.palestinecenter.org/cpap/documents/charter.html</ref>).  Ths population is not to be held as innocent and free of guilt.  The "Palestinian" Authority and the population that supports it are an enemy in ever way, as is accepted also by a range of commentaries of international law.  International conventions do not apply to a population whose goals are genocide.<ref>Article 55 of the Vienna Convention establishes that such treaty is abrogated if it contradicts in any way Jus Cogens ("the higher authority") of the international law.  Example of these include: prohibition of slavery, prohibition of racial discrimination, prohibition of genocide, prohibition against war. The ruling of the International Court of Justice in the case of Namibia determined that every nation has the right to self determination, and the international conventions cannot negate this right.</ref>  Therefore it is proper to act according to the Torah principle of "one who rises up to kill you, rise up first and kill him" (Berachot 58a and 62b, Yoma 85b, and Sanhedrin 72a based on Numbers 25:17-18).  It is incumbent upon the government of Israel to change its policies and to declare that the "Palestinian" Authority is an enemy, as demanded by the Israel Defense Forces.<ref>A formal public request was made during Passover 5766 (April 2006).</ref>
+The Hamas government was elected by the Arab population of the Land of Israel. This population supports, by its own free will, a government which acts for the extinction of Israel, and the killing and exile of its Jewish residents (See the "Palestinian" Charter<ref>The Palestinian National Charter can be found at http://www.pna.gov.ps/Government/gov/plo_Charter.asp</ref> and the Hamas Charter<ref>The Hamas Charter can be found at http://www.palestinecenter.org/cpap/documents/charter.html</ref>).  This population is not to be held as innocent and free of guilt.  The "Palestinian" Authority, and the population that supports it, are an enemy in every legal sense, as is also accepted by a range of commentaries of international law.  International conventions do not apply to a population whose goals are genocide.<ref>Article 55 of the Vienna Convention establishes that such treaty is abrogated if it contradicts in any way Jus Cogens ("the higher authority") of the international law.  Example of these include: prohibition of slavery, prohibition of racial discrimination, prohibition of genocide, prohibition against war. The ruling of the International Court of Justice in the case of Namibia determined that every nation has the right to self determination, and the international conventions cannot negate this right.</ref>  Therefore it is proper to act according to the Torah principle of "one who rises up to kill you, rise up first and kill him" (Berachot 58a and 62b, Yoma 85b, and Sanhedrin 72a based on Numbers 25:17-18).  It is incumbent upon the government of Israel to change its policies and to declare that the "Palestinian" Authority is an enemy, as demanded by the Israel Defense Forces.<ref>A formal public request was made during Passover 5766 (April 2006).</ref>
 Click [[:he:פסק תשס"ו אייר ה'|here to see the Hebrew version]]

@@ Line 20: / Line 20: @@
 The answer is – '''it is not required.'''
-WHEREAS the Hamas government willingly and freely advocates the elimination of Israel, and the killing and expulsion of its remaining Jewish inhabitants (see the "Palestinian" National Charter<ref>The Palestinian National Charter can be found at http://www.pna.gov.ps/Government/gov/plo_Charter.asp</ref> and the Hamas Charter<ref>The Hamas Charter can be found at http://www.palestinecenter.org/cpap/documents/charter.html</ref>) AND this government was democratically elected by a "Palestinian" population in the Land of Israel.
+The Hamas government was elected by the Arab population of the Land of Israel which supports, by its own free well, a government which acts for the wiping out of Israel, and the killing and exile of the rest of its Jewish residents (See the "Palestinian" Charter<ref>The Palestinian National Charter can be found at http://www.pna.gov.ps/Government/gov/plo_Charter.asp</ref> and the Hamas Charter<ref>The Hamas Charter can be found at http://www.palestinecenter.org/cpap/documents/charter.html</ref>).  Ths population is not to be held as innocent and free of guilt.  The "Palestinian" Authority and the population that supports it are an enemy in ever way, as is accepted also by a range of commentaries of international law.  International conventions do not apply to a population whose goals are genocide.<ref>Article 55 of the Vienna Convention establishes that such treaty is abrogated if it contradicts in any way Jus Cogens ("the higher authority") of the international law.  Example of these include: prohibition of slavery, prohibition of racial discrimination, prohibition of genocide, prohibition against war. The ruling of the International Court of Justice in the case of Namibia determined that every nation has the right to self determination, and the international conventions cannot negate this right.</ref>  Therefore it is proper to act according to the Torah principle of "one who rises up to kill you, rise up first and kill him" (Berachot 58a and 62b, Yoma 85b, and Sanhedrin 72a based on Numbers 25:17-18).  It is incumbent upon the government of Israel to change its policies and to declare that the "Palestinian" Authority is an enemy, as demanded by the Israel Defense Forces.<ref>A formal public request was made during Passover 5766 (April 2006).</ref>
 Click [[:he:פסק תשס"ו אייר ה'|here to see the Hebrew version]]
@@ Line 37: / Line 31: @@
 [[Category:Legal rulings and opinions to date]]
 [[Category:Committee for Army and Security (War Cabinet)]]
 [[he:פסק תשס"ו אייר ה']]

@@ Line 16: / Line 16: @@
 The representative of the Sanhedrin was asked :
-'''Is one required to stop military actions required for the defense of the country's civilians when there is a possibility [however small] of civilian injuries [during a state of war],'''
+'''Is one required to stop military actions required for the defense of the country's civilians when there is a possibility [however small] of civilian injuries [during the current military conditions],'''
 The answer is – '''it is not required.'''

@@ Line 20: / Line 20: @@
 The answer is – '''it is not required.'''
-WHEREAS the Hamas government willingly and freely advocates the elimination of Israel, and the killing and expulsion of its remaining Jewish inhabitants (see the "Palestinian" National Charter* and the Hamas Charter**) AND this government was democratically elected by a "Palestinian" population in the Land of Israel.
+WHEREAS the Hamas government willingly and freely advocates the elimination of Israel, and the killing and expulsion of its remaining Jewish inhabitants (see the "Palestinian" National Charter<ref>The Palestinian National Charter can be found at http://www.pna.gov.ps/Government/gov/plo_Charter.asp</ref> and the Hamas Charter<ref>The Hamas Charter can be found at http://www.palestinecenter.org/cpap/documents/charter.html</ref>) AND this government was democratically elected by a "Palestinian" population in the Land of Israel.
 THEREFORE [even though there has been no declaration of war by the general population,] the general population must be assumed to be supporting [the stated position of] the Hamas government.
@@ Line 27: / Line 27: @@
 Accordingly there is a need to conduct [military exercises] according to Torah and humanitarian guidelines, [specifically, offensively, according to the principle] 'Those who are coming to kill you, must be killed'. (Berachot 58a and 62b, Yoma 85b, and Sanhedrin 72a based on Numbers 25:17-18)
 It is incumbent on the Government of Israel to change its policy, and officially declare the "Palestinian" Authority an enemy state, as recommend by Israel's military.<ref>A formal public request was made during Passover 5766 (April 2006).</ref>
 Click [[:he:פסק תשס"ו אייר ה'|here to see the Hebrew version]]

@@ Line 1: / Line 1: @@
-:''[http://www.thesanhedrin.org/en/legal/psak5766Iyyar5.html Click here for the original page]''
+''While it is forbidden by Jewish law to intentionally target civilians, there is a difference between rights of civilians during a state of war and a state of peace.  For example, during wartime the military may embark on operations that entail a higher risk to civilian population than is permitted to law enforcement agencies. This has to do with basic assumptions about the sympathies of the civilian population in an enemy state as opposed to one's own country. The Sanhedrin, being the authorized institution to decide in such matters, issues definitive moral guidance on this matter and addresses the current administration's policy concerning the Palestinian Authority.''
-Under construction
+''Informal translation from Hebrew of the 5 Iyyar, 5766 (3 May, 2006) statement:''
 [[Category:Legal rulings and opinions to date]]