Jerusalem: Degel HaTorah, a prominent Ashkenazi ultra-Orthodox political party in Israel, has announced it will vote against a proposed law to impose the death penalty on terrorists. The party’s decision follows rabbinic guidance warning that executing terrorists could provoke further bloodshed—a concept in Jewish law known as rodef, which cautions against actions that may endanger additional lives.

Rabbinic warning: “Concern for bloodshed”

The party’s stance is based on instructions from Rabbi Dov Landau, a senior authority of the Lithuanian ultra-Orthodox stream. Sources close to Landau said he believes carrying out executions could trigger retaliatory violence, putting civilians at risk. “The rabbi believes that if the Arabs see us doing such a thing, it could provoke violence and endanger lives,” they said.

Ben-Gvir condemns opposition

Israel National Security Minister Itamar Ben-Gvir, who proposed the bill with his Otzma Yehudit party, sharply criticised Degel HaTorah. He accused party chairman Moshe Gafni of “betraying his voters” and “siding with the Left,” arguing that the death penalty is necessary to deliver justice and deter terrorism, particularly for Haredi families affected by attacks. Referring to the October 7 massacre, Ben-Gvir stated: “Think of the 1,200 children, women and men who were slaughtered, burned, raped and tortured to death. Think of their families. I expect all factions to put politics aside and support this law.”

Divisions within the ultra-Orthodox factions

Other ultra-Orthodox factions have taken different positions. Agudat Yisrael, the Hasidic faction, is expected to abstain by leaving the Knesset plenum during the vote, while Shas, representing Sephardic ultra-Orthodox Jews, has not yet announced its stance. Despite these divisions, the bill is expected to pass narrowly during its first reading, potentially by a single vote.

Background: October 7 attacks and aftermath

On October 7, 2023, coordinated armed incursions from the Gaza Strip targeted southern Israel’s Gaza envelope. The attacks, carried out by Hamas and other Palestinian militant groups during the Jewish holiday of Simchat Torah, resulted in over 1,200 Israeli civilian deaths, including women, children, and the elderly, and left many more injured.

In response, Israel launched extensive military operations in Gaza, including airstrikes and ground actions. These operations caused large-scale destruction, thousands of Palestinian civilian casualties, widespread displacement, and severe damage to homes, schools, and hospitals for almost two whole years. International observers described the humanitarian situation as catastrophic, with Gaza’s healthcare and essential services under extreme strain. The conflict has drawn criticism over the high civilian toll, though Israel justifies its actions as a response to the October 7 attacks.

Supporters cite justice and deterrence

Proponents argue that the death penalty for terrorists convicted of murdering Israeli civilians is necessary to deliver justice and act as a deterrent. Finance Minister Bezalel Smotrich has expressed support, linking cooperation on the bill to other coalition priorities, such as tax relief for reservists.

Opponents, including Degel HaTorah, caution that executing terrorists could escalate violence, endanger civilians, and damage Israel’s international standing. The debate underscores the tension between religious guidance, political considerations, and national security, as lawmakers weigh the legal, moral, and security implications of the proposed law.