3.10.22


Here’s an ethical issue and Jewish source response:

Case

Isaac Goldstein owns Rocky’s Pawn Shop in Dallas, Texas, and sells a lot of guns.  J. David Bleich is a leading Orthodox legal scholar who wrote a public letter to Mr. Goldstein telling him it was wrong to sell guns.  He wrote, “A sticker on the door of your shop reads ‘Guns Don’t Cause Crime Any More Than Flies Cause Garbage.’”  Then he added, “Yes, Mr. Goldstein, flies do not cause garbage, but garbage does attract flies.  Guns may or may not cause crime, but crimes of violence cannot be committed without tools of violence.  Self-restraint in the sale of weapons is a small enough price to pay for even marginal enhancement of public safety.”  

Should a rabbi send a letter to a newspaper telling a Jew not to sell guns in his store?

Answer

There are two issues at stake here.  (1) What does Judaism have to say about selling guns? (2) Assuming that selling guns is a bad thing, is it ok to publicly embarrass someone in order to get him to stop?

[a]  In his public letter Rabbi Bleich quotes Maimonides (Hilkhot Rotzeah 12:12, paraphrasing Avodah Zarah 15b): “It is forbidden to sell heathens weapons of war.  Nor is it permitted to sharpen their spears, or to sell them knives, manacles, iron chains, bears, lions or any object which can endanger the public; but it is permitted to sell them shields which are only for defense.”  While there is a need to discuss the meaning of “heathen,” the basic goal of keeping society as a whole safe is clear.

[b] Rabbi Bleich continues to quote Maimonides, “By selling arms to a heathen one strengthens the hands of an evil-doer and causes him to transgress.  Anyone who strengthens the hands of a person who is blind (meaning that s/he does not see the path of truth because of the desire of his/her heart) is also violating the commandment, ‘You shall not put a stumbling block before the blind’ (Leviticus 19:14).  This makes, in Jewish terms, the person who sells the gun an accessory before the fact.”

[c] In Judaism, safety is a religious concern.  The Bible requires that a roof be properly gated in order to prevent people from falling off of it (Deuteronomy 22:8). This commandment is understood by the Talmud as a general directive to remove any safety hazard (Bava Kamma 15b, Shulchan Arukh HM 427:8).  Contemporary rabbinic authorities include in this commandment an employer’s responsibility to ensure occupational safety (Piskei Uziel 47) and an injunction against reckless driving (Minchat Yitzhak 8:148).  Someone who refuses to remove a safety hazard can be punished by excommunication (YD 334:7).  In general, safety regulations are treated with far greater stringency than any other section of halakhah (YD 116:7).

[d] Rabbi Bleich concludes: “Although halakhah is extremely concerned about safety, it does not prohibit the ownership of guns.  However, recognizing that a gun is a dangerous object, halakhah (like many current gun control laws) requires that owners and vendors of guns take all possible precautions to prevent their guns from causing any harm.”

[e] Therefore, there is a strong Jewish foundation for gun-control, though laws about owning a dangerous dog tell us (a) it is forbidden (Bava Kamma 79a), (b) unless there is a clear danger to the owner or his/her property (HM 409:3), (c) but then the responsibility to keep the public from harm falls on the owner in a big way (Shabbat 63b, Hullin 7b, Terumot HaDeshen 2:105).  This may give permission to own guns, but not to sell them, and puts a huge mandate on gun safety.

[f] We have spoken before about the mitzvah of tokekhekh (rebuke). (Lev.19:17)  It requires a person to tell another person when he is doing something wrong.  While embarrassment of another person is usually forbidden, (BM 59a) one is allowed to do so in order to prevent harm to person or property. (Yevamot 65b) 

Therefore, Rabbi Bleich’s actions are consistent with his understanding of Jewish law and seem to be appropriate.

Joel Grishaver, “You Be the Judge 3”, pgs. 47-49

Used with permission from Joel Grishaver