Murdering with Guile
STUDENT SUMMARIES OF SICHOT OF THE ROSHEI YESHIVA
*********************************************************
RUTH NEW VBM COURSE: The VBM
is pleased to announce a new series on Megillat Ruth taught
by Dr.
*********************************************************
PARASHAT MISHPATIM
SICHA OF HARAV YAAKOV MEDAN
Murdering with Guile
Translated by Kaeren Fish
He who strikes a person such that he dies, shall
surely be put to death. But if he did not lie in wait for him, only God made it
happen, then I will appoint you a place to where he shall flee. And if a person
comes brazenly upon his neighbor to kill him with guile you shall take him
from My altar to die. (Shemot 21:12-14)
Halakha generally recognizes two types of murderers:
one who murders knowingly and with premeditation and one who kills unwittingly.
But from the above verses a third type arises: one who kills with guile. In
the simple understanding of the halakha, the special law of You shall take him
from My altar to die is applied to any intentional murderer, but the sources
apply it specifically and exclusively to the person who murders with guile. This
will be the subject of our shiur.
There are two types of
murder with guile:
a. A person may deceive his
neighbor into trusting him and letting down his guard, thus enabling him to
carry out the murder without having to contend with any self-defense on the part
of the victim. Concerning this type of deceit Yirmiyahu declares (9:7-8):
... He speaks peaceably to his neighbor with his
mouth, while in his heart he lies in wait for him. Shall I not punish them for
these things, says God? Shall My soul not be avenged for such a nation? (Yirmiyahu
9:7-8)
A perfect biblical example
of this sin is presented in the story of the murder of Gedalia ben Achikam by
Yishmael ben Netanya a murder which led to the downfall of the last remnant of
Yehuda:
It was in the seventh month that Yishmael ben Netanya
ben Elishama, of royal lineage, and the chief officers of the king, and ten men
with him, came to Gedalia ben Achikam at Mitzpa. They ate bread together there
at Mitzpa. Then Yishmael ben Netanya and the ten men who were with him arose and
struck Gedalia ben Achikam ben Shafan by the sword, killing the one whom the
King of Babylon had appointed governor over the land. And Yishmael slew all the
Jews who were with him, with Gedalia at Mitzpa, as well as the Kasdim who were
there, and the men of war... Then Yishmael ben Netanya came out from Mitzpa
towards them, walking and weeping as he went. When he met them he said to them:
Come to Gedalia ben Achikam. But when they entered the city, Yishmael ben
Netanya slew them [and cast them] into the pit he and the men who were with
him. (Yirmiyahu 41:1-7)
This interpretation of murder with guile does not
sit well with the order of the verses in our parasha. One would think
that this murder is even more abhorrent than regular premeditated murder. The
order of the verses should progress either from the most severe to the least
severe or vice versa. How are we to understand the order as it appears in the
text: first a premeditated murder, then homicide, and then murder with guile?
Moreover, what is the nature of the special punishment reserved for one who
murders with guile that he is taken to die [even] from the holy altar?
b. The first type of
murderer we discussed is concerned about the victims potential of self-defense.
A second type of murderer with guile is worried about the punishment that a
beit din will mete out to him because of the blood that he has spilled.
There are two subcategories here: one does everything in his power to cover up
any trace of his involvement with the murder; the other claims that he acted
unwittingly or lawfully.
The murderer who seeks to erase all traces of his
deed will follow the example of the first murderer Kayin, who killed his
brother Hevel:
God said to Kayin: Where is Hevel, your brother? And
he said: I do not know; am I then my brothers keeper?! (Bereishit 4:9)
Perhaps God revealed Himself to Kayin while he was
offering his sacrifice as is the case in many other revelations in Tanakh.
Kayin killed his brother in order to force God, as it were, to accept his own
sacrifice rather than that of Hevel. Perhaps, following the murder, Kayin went
off to achieve his aim and to offer his sacrifice to God. And as he offers it,
he protests his innocence, claiming to have no knowledge of where his brother
is. While performing the very service at the altar, Kayin attempts to deceive
the Receiver of his sacrifice.
God does not accept Kayins sacrifice; on the
contrary, He banishes him from the altar. Further on in the interchange, God
grants Kayin a stay of execution. He cancels the death sentence that the
murderer deserves, but does not forgive the attempt to erase the traces of the
sin by hiding the spilled blood in the ground:
He said What have you done? The voice of your
brothers blood calls to Me from the ground. Now you are cursed from the ground
that opened its mouth to accept your brothers blood from your hand: when you
work the land, it shall no longer give its strength to you; a fugitive and
wanderer shall you be in the land. (Bereishit 4:10-12)
In other words, even when God cancels Kayins
punishment for willful murder, He does not forego the punishment for murder with
guile. Kayin is immediately banished from the ground which he used in order to
hide his act.
Another parasha that emphasizes this point is
that of the egla arufa. Here the Torah describes a situation where the
murderer has succeeded in erasing all traces leading to him, as though the earth
had swallowed him up just as the earth swallowed up all traces of Kayins
murder. The heifer whose neck is broken in the ravine is the complete opposite
of a sacrifice slaughtered upon the altar. Its purpose is to signify that God
will accept no sacrifice as atonement for the murder, nor for the guilt of the
community as a whole for the fact that the murderer goes about freely. On the
simplest level, the ravine where the heifers neck is broken is the site of the
murder, and therefore it shall neither be tilled nor sown. This ground is cursed
because it opened its mouth and swallowed the footsteps of the murderer just
as the ground cursed Kayin after it hid Hevels murder. The elders of the
beit din of the closest city must declare that they were not party to the
hiding of the crime, that there has been no situation in which they came upon
the murderer but guilefully took no notice of his crime.
The other type of guileful murderer seeking to avoid
punishment but unable to cover up his actions, tries to camouflage his intent
and to present his act as either a mistake or something that was justified and
permissible.
If a man hates his neighbor, and he lies in wait for
him and comes upon him to strike a mortal blow such that he dies, and he flees
to one of these cities, then the elders of his city shall send and take him from
there, and give him into the hand of the avenger of blood, that he may die. You
shall not look upon him with mercy; you shall rid yourself of the innocent blood
of Israel, that it may be well with you. (Devarim 19:11-13)
This parasha is juxtaposed to the command
concerning the cities of refuge, in order to protect those who shed blood by
mistake. A willful murderer may not escape to a city of refuge, and therefore
this parasha speaks about a person who murders with guile, seeking the
protection of the elders of the beit din in his city against the sword of
the avenger of blood. The altar, in this instance, is interpreted contrary to
the previous case, where it implied the place of Divine worship as the place
of refuge from the avengers anger. The avenger, so the murderer believes, will
never dare enter Gods altar with a sword. Therefore the Torah commands us,
You shall take him from My altar to die.
This would appear to explain the order of the
murderers listed in our parasha. The first is the willful murderer; he is
sentenced to death. The second is someone who did not lie in wait; the Torah
sets aside a place for him to flee to. At this stage the cities of refuge had
not yet been established; the command to build them is to be fulfilled only upon
reaching Eretz Yisrael. Therefore the expression, I shall make for you A PLACE
to where he shall flee would seem to imply that the word makom (place)
is used here in the same way that it is used in many other places in the Torah:
To the PLACE of the altar which he had made there
originally; and there Avram called out in Gods Name. (Bereishit 13:4)
On the third day, Avraham raised his eyes and saw THE
PLACE from afar. (Bereishit 22:4)
He came to THE PLACE and prepared to sleep there for
the sun was setting; He took some of the stones of THE PLACE and placed them for
his head, and he lay down at that place. (Bereishit 28:11)
In other words makom means an altar, or
another site devoted to Divine worship. It is to such a place that the murderer
flees.
According to our interpretation, the third type of
murderer is a composite of the first two types. He murders intentionally, but
pretends to have done so unknowingly. It is concerning this murderer that the
Torah commands that he be removed from the place of his refuge, from the altar,
and put to death. (This also includes the murderer who justifies his act as
being permissible; we shall discuss this further below.)
*
It would seem that the
biblical character who best epitomizes the concept of murdering with guile is
Yoav ben Tzeruya, the commander of Davids army.
Yoav kills three people,
either directly or indirectly: Avner ben Ner, Uriya ha-Chitti, and Amasa ben
Yeter.
Let us examine the murder
of Avner:
Yoav, and all the soldiers that were with him, came,
and it was told to Yoav saying: Avner ben Ner came to the king, and he sent him
off, and he went in peace. So Yoav came to the king and said: What have you
done? Behold, Avner came to you why did you then send him, so he is gone away?
You know Avner ben Ner, that he came to seduce you, and to know your going out
and your coming in, and to know all that you are doing! And Yoav went out from
David and sent messengers after Avner, and they brought him back from the well
of Sira, but David did not know of it. So Avner returned to Chevron, and Yoav
took him aside inside the gate to speak to him in private, and he struck him
there in the belly, and he died, for the blood of Asael his brother. (Shmuel
II 3:23-27)
Yoav decides to kill Avner. It is possible that he
does this because he suspects that Avner will seduce David and spy against him;
perhaps he does it to avenge the blood of Asael his brother. Perhaps he kills
him for a different reason, which is not mentioned in the verses: the concern
that Avner will take over his position as chief of the army as part of the
agreement concerning the unification of the kingdom that is to be drawn up with
David.
How does Yoav kill Avner? First, he takes him aside
at the gate in order to speak with him. Avner does not suspect Yoav of any
scheming against him and fails to protect himself; Yoav exploits this and deals
him a mortal blow. The Midrash and Rashi describe the scene in more
visual terms:
He asked him, guilefully: A widowed woman who frees
her brother-in-law of the obligation to marry her (yevama) if she does
not have a hand, how does she perform the chalitza (a ritual performed
with the mans shoe)? He began telling him and showing him: She takes his shoe
thus, with her teeth... and he drew his sword and killed him. (Rashi
Sanhedrin 49a according to the Midrash Ha-gadol, Shemot
21:14).
While involved in discussing an halakhic question,
Avner lowers his guard and does not protect himself. Yoav exploits this to kill
him, in a way that is neither fair nor honorable. This is the way of guile.
But this was not the only
guileful aspect of Yoavs act.
Yoav drew him aside inside the gate, to speak with
him in private Rabbi Yochanan said: they adjudicated the case. He (Yoav) said
to him (Avner):
- Why did you kill Asaek?
- Asael was a rodef.
- You could have saved him with one of his limbs only
wounded him)!
- No, I could not.
- You aimed precisely at his fifth rib, you couldnt
have managed one of his limbs? (Sanhedrin 49a)
Yoav judges Avner in accordance with Torah law, as a
murderer, and he punishes him in accordance with the law of an avenger.
Apparently, everything here is in order. But David, in his eulogy for Avner and
in his will, treats Yoav as a murderer:
David heard afterwards, and he said: I and my
kingdom are guiltless before God forever for the blood of Avner ben Ner. It
shall rest upon the head of Yoav and all of his fathers household. May Yoavs
house never lack a zav, a metzora, one who walks with
crutches, one who falls by the sword, and one who lacks bread. (Shmuel
II 3:28-29)
You, too, know all that Yoav ben Tzeruya did to me
what he did to the two officers of the hosts of Israel, to Avner ben Ner and to
Amasa ben Yeter, that he killed them, and shed the blood of war in peace, and
put the blood of war upon his belt that was around his loins, and in his shoes
that were on his feet. Act according to your wisdom, and do not let him die a
peaceful death of old age. (Melakhim I 2:5-6)
Apparently, a person may judge his fellow in
accordance with Torah law and still be considered a murderer, deserving of
death. David knew that it was not the avenging of blood that motivated Yoav to
kill Avner, but rather his concern that he would lose his own position as chief
of the army.
This is guile of the second variety. The murderer is
wary not only of the victims self-defense, but also of his own punishment at
the hands of the beit din. Therefore, he produces explanations and
excuses that are not true, so as to satisfy the judges and assure their
protection.
Yoav acts in a similar way
when he kills Amasa:
Yoav said to Amasa: Are you well, my brother? And
Yoav grasped Amasas beard with his right hand, to kiss him. And Amasa took no
heed of the sword in Yoavs hand, and he smote him with it in the belly,
spilling his bowels to the ground; he did not strike him again, but he died... (Shmuel
II 20:9-10)
There was guile involved in killing him, but in this
case, too, there was seemingly a solid halakhic justification for Yoavs act:
He said to him: For what reason did you kill Amasa?
He answered: Amasa rebelled against the king... (Sanhedrin 49a)
Despite this justification, Yoav is judged as a
murderer for killing Amasa. This shows that the justification was no more than
an excuse to get rid of Amasa, who was appointed as commander of the army
instead of Yoav after Yoav killed Avshalom, and because David wanted to make
peace with the commander of his army. The excuse, then, was nothing more than
guile.
Was there truly a
justification for killing Uria ha-Chitti, or was the supposed justification
again just an excuse? The scope of this shiur does not allow for
discussion at length on this subject. In any event, the prophet Natan rebukes
him severely. But here we are discussing not David, whose motivations and state
of mind we may perhaps at least understand. Rather, we are discussing his
accomplice Yoav, who fulfilled Davids orders. Fulfilling the order of the
king of Israel is clearly demanded by halakha, but Yoav did not make any effort
to know the limits of the law of obeying the king:
God will return his blood upon his head for striking
two men more righteous and better than he: Better because they understood
the limitations [of their duty to obey: they did not kill the priests of Nov
despite Shauls explicit order to do so], while he did not understand. More
righteous because they received their [immoral] orders directly, verbally,
and they did not carry them out, while he received his orders [only] in a
letter, but he [still] fulfilled them. (Sanhedrin 49a)
The fact that Yoav was not blindly obedient towards
David in other areas gives rise to serious questions as to his true intentions
in the matter of Uriya.
The way in which Yoav killed Uriya was also guileful;
it exploited military camaraderie and self-sacrifice in order to stab a
comrade-in-arms in the back:
He wrote in the letter, saying: Bring Uriya to the
frontlines of the fiercest fighting, and draw back from behind him so that he
will be struck and will die. And it was, when Yoav besieged the city, he
assigned Uriya to the place where he knew that the warriors were. When the men
of the city came out to do battle with Yoav, some of Davids servants fell and
Uriya ha-Chitti died also. Then Yoav sent and told David all about the battle.
He instructed the messenger, saying: When you finish telling the king all about
the battle, then if the kings anger is aroused and he says, Why did you come
close to the city to fight? Did you not know that they would shoot from atop the
wall? Who struck Avimelekh ben Yerubeshet; did a woman not throw a millstone
upon him from atop the wall, such that he died in Tevetz? Why did you approach
the wall? Then you shall say: Your servant Uriya ha-Chitti is also dead. (Shmuel
II 11:15-16)
*
Yoavs punishment is
appropriate, as is fitting for one who murders with guile, concerning whom it is
written, You shall take him from My altar to die:
Then news came to Yoav for Yoav had followed after
Adoniya, but he had not followed Avshalom and Yoav fled to Gods Tent and he
grasped the corners of the altar. It was told to King Shlomo that Yoav had fled
to Gods Tent, and that behold, he was by the altar. Shlomo sent Benayahu ben
Yehoyada saying; Go, attack him. Benahayhu came to Gods tent and said to him:
So says the king: Come out. But he said, No, for I shall die here. Benayahu
brought word back to the king, saying: Thus said Yoav, and thus I answered
him. The king said to him: Do as he said; strike him, and bury him, thereby
removing the innocent blood spilled by Yoav from upon me and from upon my
fathers house. May God return his blood upon his head for killing two men more
righteous and better than he; for he killed them by the sword, and my father
David did not know: Avner ben Ner, officer of the host of Israel, and Amasa ben
Yeter, officer of the host of Yehuda.
May their blood return to the head of Yoav and the head of his
descendants forever, and may there be peace for David and for his descendants
and for his household and for his throne from God forever. Then Benayahu ben
Yehoyada went up and attacked him and slew him, and he was buried in his house
in the wilderness. (Melakhim I 2:28-34)
The Gemara in Sanhedrin and the Rambam
(Laws of a Murderer, 5:14) elaborate at length on the two death sentences that
Yoav deserves. The one was for rebelling against the king because he supported
Adoniyahu. For this sin the altar protected him, and Benayahu was unable to kill
him. The second death sentence was for spilling the blood of Avner and Amasa
(the Midrash in the Gemara adds Uriya to this list). For this
Benayahu took him from the altar and killed him.
*
Yoavs personality is too rich and complex to discuss
fully in such a short space. Let us review just a tiny sample of the sources
that balance the negative picture that emerges from the discussion above:
Rabbi Abba bar Kahana said: Were it not for David,
Yoav would not have done battle, and were it not for Yoav, David would not have
engaged in Torah. As it is written, David performed justice and righteousness
for all his people, and Yoav ben Tzeruya was in charge of the army. What does
it meant that David performed justice and righteousness for all his people?
[He was able to,] because Yoav was taking care of the army. And what is the
meaning of Yoav was in charge of the army? So that David could perform justice
and righteousness for all his people... And he was buried in his house in the
wilderness Was his house then in the wilderness? Rav Yehuda said in the name
of Rav: It was like a wilderness. Just as the wilderness is open to all, so
Yoavs home was open to all (Rashi: to the poor, who were sustained by his
household). Another opinion: Like a wilderness just as a wilderness is clean
of theft and immorality, so Yoavs house was clean of theft and immorality. (Sanhedrin
49a)
On the other hand, in this shiur we addressed
only one aspect of Yoav: his sin of murdering with guile, and the severity of
this sin and its punishment.
This website is constantly being improved. We would appreciate hearing from you. Questions and comments on the classes are welcome, as is help in tagging, categorizing, and creating brief summaries of the classes. Thank you for being part of the Torat Har Etzion community!