November, 2021
Among the many shul and rabbinical challenges over these difficult past two years was the issue of security. Cases of hate ‘events’ against shuls and frum people were on the rise -from the severe to the petty -and balla battim were understandably concerned.
For some, the additional security apparatuses we put in place was enough -from panic buttons fashioned all around the shul to security guards. But others wished to have even more reassurance.
These people requested that those members with active carry licenses should be able to bring their gun to shul. More, I was informed that there are frum organizations that train members in creating a wise protection and defense group within the shul. They give courses in shooting, defense and fighting.
Suffice it to say that most shul memberships are divided on these issues, as the topic of gun control is a hot button issue. So while many would feel more at ease if responsible and trained members have guns, others feel the exact opposite.
This is a debate that far proceeds American politics, and it is indeed one that goes back to parshas Bereishis (4:23 with Kli Yakar s.v. ki and yeled)).
Lemach had three sons. The first he taught shepherding, the second music, and the third he taught war and weapon fashioning and handling. His wives were not happy with this last development. But Lemach responded (and this is a direct translation) “It is not weapons that kill people, rather people kill people, and this can be done with no weapons…” So we see, clearly, ein davar chadash tachas hashamash -there is nothing new under the sun!
In addition to the politics is the issue of the halacha of guns in general and in a beis haknesses.
In the parsha of Pinchas killing Zimri, we find Pinchas making a point to first exit the assembly of bnei yisroel and to only then take his weapon:
“Vayakom m’toch ha’eidah, vayikach romach b’yado -He arose from amidst the assembly and he took a spear in his hand” (Bamidbar 25:7)
From this pasuk chazal conclude:
“From here, we learn that one does not enter the beis hamedrash with a weapon” (Sanhedrin 82a).
However, curiously, when the Shulchan Aruch records this halacha (151:6) he does so in a measured way, and specifies a particle type of weapon: “Some say that it’s forbidden to (even) enter (a Shul) with a long knife…”
Why would the Shulchan Aruch write ‘some say’ when it is a clear gemara?
Some suggest that this because the gemara only references a beis hamidresh which has a higher degree of kedusha than a shul, so perhaps this ruling does not extend to a shul (see sources in shu’t Tzitz Eliezar 10:18).
Nevertheless, we pasken like this halacha, disallowing weapons even in a shul.
The poskim explain the reason behind this halacha as being due to teffila carrying the power to extend life. We therefore avoid materials that could, chalilah, shorten it.
Based on this reasoning, this halacha would apply to any deadly weapon, not just a knife or spear. Also, because it is the act of teffilah that invites this concern, some suggest that even one davening at home should remove all weapons from that room during that time.
Some poskim suggest that the reason the Shulchan Aruch specifies a ‘long knife’ is due to the fact that it is difficult to conceal. A short knife may therefore be allowed (see, e.g., Taz at length). Some see this as a possible allowance for guns in shul as well –when held discreetly in holsters or covered with one’s tallis.
However, even if one accepts this sevara, a tool, unlike a knife, that is only used as a weapon of war, like a gun, may still be a concern in just being in a shul, even if concealed (see Tzitz Eliezar ibid.).
In the end, we seem to pasken that it is best not to bring even a small, concealed gun into shul. If that is difficult, then one should remove the bullets. At the very least, no one should be able to sense that the gun is there.
However, in the words of the Tzitz Eliezar, the above is only true in times of low/no security risk. Yet, if there is a threat, then of course a gun would be allowed in a shul (although it should still be concealed if possible). He goes on to suggest that a soldier may have an additional heter in that his gun is seen simply as part-and-parcel with his standard attire and his weapons therefore do not bring any unique attention that counter teffila.
But the above halacha is not the only concern. Most balla battim who are demanding guns in shul are asking for this specifically on Shabbos.
Now. there is some debate at to which category of muktzah a gun falls under –which makes a significant difference in how one may or may not handle such weapons when not in a moment of danger (see Shemiras Shabbos K’Hilchoso ch.20 footnote 29; cf., e.g., Shulchan Shlomo 308:16, Nishmas Avraham 308:19;6, and shu’t Rivivos Efraim 4:88).
Most assert that a gun does have a usage that concerns no melacha, making it a kli shemelachto l’heter (Shulchan Shlomo, ibid.)and allowed to be handled on Shabbos.
What is this usage> Well, by simply brandishing a gun one can put fear in the heart of one’s attacker. Indeed, that may be guns most common usage -not being used to shoot but rather to scare.
Many of us have seen frum IDF soldiers carry guns on Shabbos even when in a safe and protected area. This is the IDF’s policy, and found in their ‘Toras HaMachaneh’: all soldiers should carry weapons on Shabbos when active, even when not for protection.
Yet for non-soldiers, what type of risk would allow one to carry a gun on Shabbos, both in lieu of those who say it is indeed a muktzah concern, and in a place with no eruv?
After the Har Nof massacre in a shul, their Chief Rabbi, Rav Dovid Yosef (son of Rav Ovadia) ruled on this and a number of Shabbos/gun issues (interview on Kol B’Rama radio, 26th of cheshvan 2014).
He first made a point to state that while it is true that nothing stands in the way of pikuach nefesh, this doesn’t mean that we should have a needless amount of protection on Shabbos kodesh. “One needs to act based on the potential of saving even one life, and not based on sheer panic or dread”, he said.
However, he continued to state that due to the pressing threats, all those who own a gun should have it on their person on Shabbos.
Dealing with issues of carrying is far more severe, as one may be potentially dealing with a deoraisa. Therefore, a rav may suggest that such weapons be kept safely in shul, or to carry with a shinuy.
Some may wonder that, perhaps, we should hire a private, non-Jewish security force be hired to avoid these issues. However, the Shulchan Aruch rules (328:12) that when it comes to sakana it is wiser to have a Jew be the one to be mechalel Shabbos (cf. Rema; see Aruch HaShulchan at length).
While we hope that the risk today in America is nominal at worst, each rav will have to decide what is best for their individual shuls. As Rav Moshe Feinstein writes in a teshuva, emunas chachamim in our leaders –and their decisions – alone can be its own great source of protection and beracha.
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