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Rashi and the Targum explain that Yoav used trickery to kill the unsuspecting who thought they were at peace with him. This explanation is difficult as it does not seem to be grounds for punishing Yoav. If Avner had deserved death, what difference did it make that he used trickery to accomplish the just outcome? If he did not deserve to be killed, would it have helped to have killed in a straightforward manner? The phraseology of war and peace are also problematic, as these are terms that refer to the relationship between national or factional groupings, whereas Yoav acted against personal rivals?
The gemara (Sanhedrin 49a) discusses at length the legal argument between Yoav and Avner before the latter’s execution. Apparently Yoav killed him not with the claim that Avner had rebelled against the kingdom but for killing Yoav’s brother Asael during the civil war. Asael had chased Avner during battle. Avner warned him to stop pursuing him and, when he refused, killed him. The crux of the debate was whether Avner, who was clearly a superior warrior to the fleet-footed Asael, had needed to kill Asael in order to save his own life. The gemara concludes that Avner could have sufficed with injuring him, and thus Yoav had some justification to kill his brother’s murderer. Before understanding Yoav’s culpability, we need to introduce a new concept.
It is not always clear when a situation of war-like tension and sporadic fighting qualifies as a war. Note, for example, that the fighting in the summer of ’06 in Lebanon was not initially considered a war. The bloodshed in the many terrorist attacks over the last two decades and our responses to them have also not been seen to qualify. The differing rules of engagement between peacetime and wartime make these distinctions potentially critical. Does one warn an attacker to put down his weapon or does one just charge the attacker and kill him?
David and Yoav argued a question of this nature in regard to the tensions and battles between the supporters of Shaul’s family’s claim to the throne and David’s. David consistently considered it peace time, in which case, one who could have saved his life without killing another had to do so. Yoav and his brothers reasoned that there was a civil war that warranted killing. Therefore, by Yoav claiming that his brother’s death was murder and not death during battle, he was contradicting himself in mixing the concepts of peace and war.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
