The Massive Scale of Rabbinic Opposition to Israel’s Proposed Death Penalty Bill

The thousands of members of “L’chaim! Jews Against the Death Penalty – a group that I co-founded – has advocated vociferously against Israel’s proposed death penalty bill for terrorists since National Security Minister Itamar Ben-Gvir first presented it in the Knesset. L’chaim is but one of many Jewish organizations standing firmly against this bill and the death penalty as a whole. Just as there have been proponents of the death penalty since time immemorial in the Jewish tradition, there are, of course, those among them who support this bill now. In the malaise of debate over this bill, it is easy to lose sight of the scope and scale of the specifically rabbinic voices currently in opposition to the death penalty. Upon closer examination, this number is prodigious and is worthy of review in this liminal moment for Israel and the Jewish world.

The Current Context: Responding to a Recent Op-Ed

In a recent op-ed in the Times of Israel entitled “On Ben Gvir’s death penalty law controversy,” Dr. Alex Sternberg and David Levine, formerly of the Jewish Defense League, singled out this author and Rabbi Yitz Greenberg for our public advocacy against this bill. They disparagingly referred to us as “two liberal and woke voices.” The writers disapprovingly referred to Rabbi Greenberg as “a rabbi no less” when they cited his and my references to some of the statements of Moses ben Maimon, commonly known as Maimonides or the Rambam (1138-1204), regarding the death penalty. They erroneously asserted that we “opined that capital punishment is not ‘Jewish’ and [that we] failed to state that there were numerous examples where the Talmud and the Torah mandated the death sentence in specific circumstances.” They added that we “need to relearn the Rambam and the other Jewish sources [we] misquoted.” The authors later stated that they  “fear that Messrs. Zoosman and Greenberg are naïve in their worldview,” asking at one point: “Has Zoosman thought this nonsense out?” They conclude that “the death penalty is just. It is definitely Jewish. This law must be approved,” and that “confusing compassion with justice undermines society’s fabric. The Rambam understood this. Messrs. Greenberg and Zoosman do not.”

All personal attacks aside, these comments merit a response that clarifies a few significant points. First and foremost, while I cannot speak for Rabbi Greenberg, I can certainly convey that he is much more than what the authors seem to dismissively refer to as “a rabbi no less.” Rabbi Yitz (Irving) Greenberg is a prominent American Orthodox rabbi, theologian, and activist known for pioneering Holocaust theology and fostering Jewish-Christian dialogue. He is a Harvard-educated historian who founded CLAL: The National Jewish Center for Learning and Leadershipand led efforts to establish the US Holocaust Memorial Museum. I am honoured that the authors would deign to couple me, who is “a cantor no less,” with this highly prominent modern rabbinic voice.

Beyond the lack of proper kavod (respect) due to Rabbi Greenberg, the authors falsely claim that he and I seem to believe that Jewish tradition has never allowed for the death penalty. This could not be farther from the truth. We have made clear that there can be no doubt that Jewish tradition did create space for a death penalty, both in the Torah and in various places in the Talmud. It is equally clear, however, that Chazal (חז”ל)  – Chachameinu Zichronam Livracha (חכמינו זכרונם לברכה – “Our Sages, of blessed memory”) – provided such prodigious safeguards over the implementation of the death penalty as to render it virtually impossible to carry out. This pattern reflects the fact that Jewish tradition places the highest possible value on human life. It was for this reason that our sages erected those extraordinary barriers around the use of the death penalty, teaching that a court that executes even once in seventy years is considered destructive. This moral caution reflects a foundational Jewish commitment to the sanctity of life.

Readers might gain the impression from the author’s op-ed that Rabbi Greenberg and I – being, as they write, “two liberal and woke voices” – are in the minority on our views about the death penalty among Jews and – in the case of Rabbi Greenberg – rabbinic authorities. There are indeed many rabbis – and cantors like myself – among the 4,300+ members of L’chaim! Jews Against the Death Penalty. There are likewise many rabbinical voices among the American Jewish Committee and the Jewish Council for Public Affairs, both of which have been longstanding opponents of the death penalty. Still, these are not specifically rabbinical organizations. A reminder may be in order, then, of just how many rabbinic voices stand against capital punishment.

Reform and Conservative Judaism

It is well-known that “the major Jewish movements in the United States all have specific policies supporting either abolition of the death penalty, or a moratorium on its use.” Since 1959, the Central Conference of American Rabbis (CCAR), which currently encompasses 2,200 rabbis  – “no less” – and the Union for Reform Judaism (URJ) have formally opposed the death penalty, considering it a “stain upon civilization” and morally unjustifiable.” Conservative Judaism also generally opposes the death penalty, urging its abolition. The Rabbinical Assembly (RA), the international association for Conservative rabbis, has approximately 1,500 to 1,700 members who look to the Committee on Jewish Law and Standards (CJLS) for rulings on various issues of Jewish law. On October 15, 2013, by a vote of 20 in favor, none opposed, and none abstaining, the CJLS approved Rabbi Jeremy Kalmanofsky’s seminal teshuvah (responsum) entitled “Participating in the American Death Penalty.” Like Rabbi Greenberg and me, Rabbi Kalmanofsky concluded that “given the weight of precedent, it would be false to assert that Jewish law forbids capital punishment.” However, this fact did not stop the committee from ruling that “we urge the American federal and state governments to renounce capital punishment except in the rarest cases. Religious Jews should advocate for that position as the superior moral stance and best public policy.” Votes in favor included Rabbis Aaron Alexander, Pamela Barmash, Miriam Berkowitz, David Booth, Elliot Dorff, Baruch Frydman-Kohl, Susan Grossman, Joshua Heller, David Hoffman, Adam Kligfeld, author Jeremy Kalmanofsky, Gail Labovitz, Amy Levin, Jonathan Lubliner, Daniel Nevins, Paul Plotkin, Avram Reisner, Elie Spitz, Barry Starr, and Loel Weiss.

Closely related to Conservative Judaism, the Masorti Movement generally opposes the death penalty, aligning with a long-standing rabbinic tradition that makes its application effectively impossible and morally repugnant. Like Conservative Judaism, while acknowledging that the Torah allows for capital punishment, the Masorti movement emphasizes that the sages of the Talmud added so many stringent conditions—such as requiring specific witnesses and explicit warnings—that it became a “fantasy” or legally impossible to carry out.

Orthodox Judaism

There are approximately 1,000 members of the Rabbinical Council of America (RCA), which is affiliated with The Union of Orthodox Jewish Congregations of America, more commonly known as the Orthodox Union(OU). The OU acknowledges the theoretical legal basis for the death penalty. Still, like millennia of rabbinic voices before them and their rabbinic peers, they have expressed concerns about human fallibility and have called for a moratorium on the death penalty “pending the implementation of appropriate reforms”  — among them, steps to address issues of fairness in the judicial system, in particular allegations of racial bias in administering the death penalty.

Modern Orthodoxy specifically, while acknowledging the theoretical biblical validity of capital punishment, overwhelmingly opposes its practical application in the modern era. While it does not hold a uniform official policy against it, the Modern Orthodox Jewish community generally supports abolition or moratoriums. This position stems from the extreme procedural restrictions in Talmudic law that made executions nearly impossible and the belief in allowing maximum time for repentance. Many emphasize that evidentiary requirements—such as the presence of direct, qualified witnesses and a formal warning immediately before the crime—were designed to be impossible to meet. A concern that many Orthodox rabbinic opponents also convey is that the death penalty denies an individual the necessary time for teshuvah (repentance). Many authorities further argue that capital punishment cannot be carried out without the Sanhedrin (the supreme religious court) and the Beit Hamidrash (the Temple), which do not exist today. Many Orthodox thinkers argue that the modern justice system is too flawed to authorize the taking of life. The prevailing trend within Modern Orthodoxy, therefore, leans toward abolition, viewing it as inconsistent with Jewish values in the current era. An illustrative example is Death Penalty Action Advisory Board Member and Modern Orthodox Rabbi Rabbi Shmuly Yanklowitz, who has spoken out publicly about the need for Judaism to support death penalty abolition. In 2017, Rabbi Yanklowitz spearheaded astatement signed by over 100 rabbis that called for the end of the “cruel practice” of capital punishment. As the op-ed authors know well, Rabbi Yitz Greenberg himself identifies as a Modern Orthodox rabbi. Rabbi Greenberg has, of course, openly articulated his opinion in the Jerusalem Post that the death penalty debate places the inherent “Jewish reverence for life” against death penalty bill-architect Justice Minister Itamar Ben-Gvir’s “cheapening of life.” Rabbi Greenberg added that “in degrading terrorists and criminals, Itamar Ben-Gvir is trashing Jewish religious values and cheapening everybody’s life.”

Reconstructing Judaism

Reconstructing Judaism (the central organization of the Reconstructionist movement) and its affiliates strongly oppose the death penalty, urging its abolition in the United States and elsewhere. This organization is affiliated with more than 350 Reconstructionist rabbis serving nearly 100 congregations and various other roles across the movement. Their position on capital punishment is based on the movement’s commitment to evolving Jewish tradition, which emphasizes that the preservation of life is the highest value and that capital punishment, while mentioned in the Torah, should be considered a practice to be left in the past. TheReconstructionist Rabbinical Association (RRA) has formally gone on record opposing the death penalty in all circumstances. Like their Reform counterparts, the movement rejects the death penalty because it is a “stain upon civilization,” is prone to irreversible mistakes, and often produces racially disparate outcomes. While acknowledging that the Torah and Talmud contain provisions for the death penalty, Reconstructing Judaism follows the tradition of the sages who made the application of capital punishment virtually impossible. The movement emphasizes the capacity for teshuvah and rehabilitation, arguing that society should focus on rehabilitating individuals rather than executing them.

Jewish Renewal

Similarly, rabbinic members of the Jewish Renewal movement, which is generally characterized by a commitment to social justice, pacifism, and progressive, transdenominational, and mystical approaches to Judaism, often take a strong stance against the death penalty. The Jewish Renewal movement includes OHALAH, the Association of Rabbis and Cantors for Jewish Renewal, which has over 200 members, including rabbis, cantors, and rabbinic pastors. Renewal’s ALEPH Ordination Program has ordained over 220 rabbis as of recent counts. While the Renewal movement has not issued an official statement on the death penalty, many of its rabbis align with the broader, liberal, and progressive Jewish community in advocating for the abolition of capital punishment. This opposition is rooted in the belief that all life is sacred and created in the Divine image, leading to a focus on rehabilitation and repentance (teshuvah) rather than vengeance. Similar to the Reconstructionist, Reform, and many in the Conservative movements, many Jewish Renewal rabbis view the death penalty as an outdated, cruel, and inhumane practice that should not be part of a modern legal system. As an active member of OHALAH myself, though I have not met all members over the years, this author has yet to personally encounter one rabbinical colleague who supports Israel’s death penalty bill.

Modern Israeli Rabbinic Voices

Many rabbinic death penalty abolitionist voices in modern-day Israel draw upon these rabbinic voices in opposition to the death penalty. Rabbi, lawyer, and Member of the Knesset Gilad Kariv is a leading opponent of the bill to impose the death penalty on terrorists in Israel, characterizing it as a “populist,” “unconstitutional,” and “extremist” measure that will lead to the intensification of terrorism rather than its eradication. He has argued that the legislation is unbefitting of a democratic state and that it constitutes a “racist law”.  Kariv has consistently opposed the proposed bill initiated by National Security Minister Itamar Ben-Gvir and other right-wing members. He has been removed from Knesset National Security Committee sessions multiple times for clashing with Ben-Gvir and for protesting the behavior of proponents who wore symbols representing different methods of execution.

I personally witnessed many other Israeli rabbinic abolitionists when I had the profound honor of representing L’chaim members at a powerful gathering of Israeli and Jewish human rights groups for a webinar focused on the proposed bill to impose the death penalty on non-Jewish terrorists. Rabbis for Human Rights in Israel (RHR) hosted an online Hanukkah event titled “We Will Drive out the Darkness by Increasing the Light.” Representing RHR were its Executive Director – and October 7th terror attack survivor –  Rabbi Avi Dabush, as well as Rabbi Kobi Weiss. Both rabbis have passionately spoken against the death penalty bill in the Knesset recently. They were joined by Rabbi Jill Jacobs, the Executive Director of T’ruah: The Rabbinic Call for Human Rights for a most enlightening conversation that framed the death penalty within Jewish law and the lighting of the Hanukkah candles. Rabbis for Human Rights has 100-170 members, including ordained rabbis, rabbinical students, and rabbinic leaders from various denominations. T’ruah: The Rabbinic Call for Human Rights, in turn, represents a network of more than 2,300 rabbis and cantors from all streams of Judaism across North America, as well as members in Israel. The contemporary rabbinic voices in these groups merit serious consideration for anyone evaluating the death penalty from a rabbinic lens.

Heeding L’chaim’s Call

As the various rabbinic sources above demonstrate, there are indeed mul­tiple reas­ons for Jews to oppose the death penalty. Not all rabbinic voices will agree on the reason, but many do indeed concur that Israel’s death penalty bill must not come to fruition. A forthcoming Jewish communal statement from various partnering Jewish and communal organizations will soon reflect this truth. As for L’chaim, we have outlined many of these reasons for supporting abolition – and others – in a recent Hanukkah post that enumerated “8 Reas­ons to Vote Against the Death Penalty this Hanukkah.” Beyond the religious arguments cited above, the death penalty – first and foremost – would incite martyrs and invite murders in Israel. It furthermore viol­ates the human right to life, always con­sti­tutes tor­ture, risks execut­ing the inno­cent, is racist in its applic­a­tion, and – from Adolf Hitler to Don­ald Trump to Ben-Gvir – has been used as a polit­ical tool, par­tic­u­larly dur­ing elec­tion cam­paigns. L’chaim has also illus­trated how many exe­cu­tion meth­ods are dir­ect Nazi legacies, includ­ing fir­ing squad, gass­ing, and lethal injec­tion. Famed death pen­alty abol­i­tion­ist Elie Wiesel best artic­u­lated L’chaim’s stance when he said of cap­ital pun­ish­ment – in the shadow of the Holo­caust – that “death should never be the answer in a civ­il­ized soci­ety.” Members of the Knesset – and all death penalty proponents –  should heed Wiesel’s mes­sage and the thousands of rabbinic voices that stand with him in recog­nizing that executions are not the answer – and that Israel’s proposed death penalty bill should not be the answer now.

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