לעילוי נשמת

יואל אפרים בן אברהם עוזיאל זלצמן ז”ל

Question: I am interested in purchasing firearms for personal protection, particularly within the context of today’s American “social climate,” with increased antisemitism. What is the Torah’s perspective on owning guns? I would appreciate it if you could relate to Shulchan Aruch, Choshen Mishpat 427:7-8 and 409:3 about having dangerous things and animals around?

Answer: It is good that you realize that guns not only protect but also can cause danger to its owners and their surroundings. We, of course, are not experts in the tradeoffs for each specific case, but will try to provide a general Torah perspective. Torah Judaism is often based on finding the critical balance, and we start with your well-chosen sources. Although the Shulchan Aruch (427:8) says literally to remove and guard from any “stumbling block that can endanger a life,” we are not actually commanded to remove the dangerous things, but to manage them properly so that the danger is removed or sufficiently limited. Roofs and pits are dangerous, but they serve purposes; therefore, the roofs are to be fenced and the pits covered (ibid. 7). One may own and use oxen, but they must be guarded when proven necessary (see Shemot 21:29).

The Torah requires Jews to be prepared to protect each other. including from attacking enemies or bandits (see Rambam’s Sefer Hamitzvot, Lo Taaseh 297; Yereim 196). One is allowed to use force even to repel a burglar, even though this could cause the death of either the burglar or the homeowner (see Rashi to Shemot 22:1; Magen Avraham 329:5). To make this feasible, the average person needs a weapon, and every time period has its example. In fact, when Chazal discusses going to repel an attack, it talks about taking weapons—even on Shabbat (Eruvin 45a).

On the other hand, weapons are not glorified in Jewish thought and practice. We find an aversion between things of special sanctity and weapons. Metal could not be used in building the Beit Hamikdash because of its use for swords (Shemot 20:21; Melachim I, 6:7). One should avoid (when possible) having (uncovered) weapons in a shul (Shulchan Aruch, Orach Chayim 151:6; Mishna Berura ad loc. 22). Connection to the sword is fundamental to Eisav’s being (Bereishit 27:40), whereas Yaakov was a peace lover who used weapons only as necessary (see ibid. 22 and ibid. 32:8-9 with Rashi).

The main difference between the prohibition of having a dangerous animal and the permissibility of having weapons is that the animal is liable to act without its owner’s approval, whereas a person is presumed to use his weapons properly until proven otherwise. Also, even dangerous animals are permitted, based on special need (a dangerous location) and/or precautions (always tied up) (Bava Kama 83a; Shulchan Aruch, Choshen Mishpat 409:3).

This does not mean that it is wise for any given individual to possess guns. Accidents occur, guns can be stolen and their presence can “up the ante” of a conflict. Some prefer more defensive precautions, e.g., pepper spray, connectivity with security services. But the weighing of plusses and minuses depend on the time and place, as well as the individual’s circumstances, skill and training.

It is interesting to contrast the firearm policies of the United States and the Jewish state. In America, the Second Amendment guarantees (on some level—let’s avoid debate) the rights to “bear arms,” even when few have served in the armed forces. In Israel, where a high percentage of the population has/does serve, one needs special circumstances to be eligible for a private gun license. It also requires significant training in usage and safety precautions. Israeli society has shown repeatedly that—in our circumstances—it is crucial to have guns in any vicinity, but not in the hands of every citizen.

While we leave the details to experts, we agree that the safety of Jewish communities and individuals may be enhanced by more access to firearms than in the past. An individual should consider his specifics to determine whether he is best served by having a gun.

Rabbi Mann is a dayan for Eretz Hemdah and a staff member of Yeshiva University’s Gruss Kollel in Israel. He is a senior member of the Eretz Hemdah responder staff, editor of Hemdat Yamim and the author of “Living the Halachic Process, Volumes 1 and 2” and “A Glimpse of Greatness.”