Shalzed waits for ben gvir

Shalzed stopped me on my way to buy a post-Passover pizza to ask about Israel’s death penalty law.

Shalzed stopped me on my way to buy a post-Passover pizza to ask about Israel’s death penalty law.

If the same crime gets different punishments, is it still justice?

As soon as Passover was over, I started walking over to Stop’n Shop to buy a frozen pizza. The truth is, it took nearly the whole holiday to finish leftovers from the seder, and I loved my mom’s brisket and sweet potatoes. But I was ready for some chametz. As I got to the parking lot, Shalzed called.

“Did you hear that Israel passed a law giving the death penalty for Palestinian terrorists, while exempting Israelis?” he asked.

“I heard.” There had been lots of talk about it at shul.

“So the same crime gets different punishments depending on who does it?” Shalzed asked.

That made me feel uncomfortable, but Israel also has special security challenges to deal with. “It’s to deter terrorists,” I said.

“But there can be terrorists on both sides.” The Stop’n Shop sign began to look twisted, and the grocery store seemed to be getting farther away. “Punishments should be the same, no matter who commits the crime.”

Stop’n Shop seemed to dissolve into thin air. It felt like I was in a thick fog. I extended my arms but couldn’t feel anything around me. Then I was in what I could tell at once was an Israeli settlement due to the rows of red-roofed houses rising against the dry, hilly landscape. Shalzed was next to me, and he immediately stepped forward and called to a heavyset man wearing a suit and large kippah who was about to get into the back seat of a large, black car that was waiting in the driveway. “Why should the death penalty be only for Palestinians, but not Israelis?” Shalzed asked.

It was easy to recognize that he was talking to was Itamar Ben Gvir, since his picture was in the news so often. He gave Shalzed a long look. “It’s not just about Palestinians, the new law applies to anyone who’s goal is to destroy the state of Israel,” he said.

“So why doesn’t it apply to Israelis who kill Palestinians?” Shalzed asked.

I really hoped Ben Gvir wouldn’t respond with something about how the Torah regards killing Jews as more severe than killing people who aren’t Jewish. “Thou shalt not murder applies to everybody,” I added.

A woman came out of the house, holding something in her hand. As soon as she saw us she stepped back inside, behind the door, probably because her head was uncovered. “Itamar, you forgot something,” she yelled.

Ben Gvir seemed annoyed, but went back. Then he smiled when he saw what was in her hand.  It was a pin with an image of a noose that he promptly put on his jacket. It made me upset how he celebrated the death penalty like that. “What’s discriminatory is calling Palestinian terrorists freedom fighters and saying that Palestinians who have killed Jews are somehow political prisoners who should be set free,” Ben Gvir said as he reapproached the car.

“What does that have to do with the death penalty?” I asked.

He turned to face me, hands on hips. He seemed so adamant that I almost felt frightened and took a step back. “The human rights groups are so racist and biased that they want every Palestinian prisoner released, no matter their crimes. If we don’t use the death penalty, they’ll keep trying to force us to set them free.”

Shalzed frowned. “There are Palestinians Israel has held in prison for years,” he said.

Ben Gvir shook his head. “Look at how many we had to free to get the hostages from Gaza. Every minute we keep Palestinians alive in jail, it’s an incentive for them to take hostages to trade. And the world encourages it.”

He was certainly right about that. I thought back on when Israel released over a thousand prisoners in return for Gilad Shalit. “But will it really work?” I asked. “Even if Israel executes Palestinians guilty of murder, there will still be lots more in jail.”

“It’ll be a deterrent,” Ben Gvir said. His phone rang. He listened for a moment, then said b’seder. “Bibi wants to talk to me, and he’s coming on the line in a minute.”

“Haven’t most Earth countries stopped using the death penalty altogether?” Shalzed asked.

Ben Gvir gave him a funny look. “Not Iran. Not Saudi Arabia- they carry out executions at a rate of one person per day. Hamas executes anyone they believe is a traitor. And the world is all up in arms because we want to kill terrorists.” Ben Gvir raised his palms in the air.

“The Jewish tradition is very hesitant about the death penalty,” I said. Last year, in my 8th grade  class, I had the kids read the Mishnah which says that a beit din which carries out the death penalty more than once in seventy years is a killer court.

“That’s in normal times,” Ben Gvir said. “Today we have a whole Palestinian society trying to destroy us, while most of the world applauds.”

I heard a voice that sounded like Bibi come from Ben Gvir’s phone. He gave us a wave, then jumped into the back seat of the car as he put the phone to his ear. The driveway started to look curved, and then wavy, as the car sped off. A moment later I was back outside Stop’n Shop.

When I got to the entrance, a guy wearing a store apron was opening the door to let people out. “We’re closed,” he called at me.

I decided to try 7 Eleven. On the way, I passed a house with signs that said ‘End Israel Apartheid’ and ‘Equal Rights for Equal People’ in every window. I understood why Israel wanted the death penalty. But if the same crime leads to death for Palestinians but not Israelis, is there really equal justice?

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For more background on Israel’s new death penalty law from CNN, click here.

shalzed and simon in the knesset

Death Penalty Only for Palestinians? Shalzed Confronts Ben-Gvir Outside the Knesset

Death Penalty Only for Palestinians?

Shalzed Confronts Ben-Gvir Outside the Knesset

This week Shalzed and Simon head to Jeruslaem. Shalzed wants to understand why Israel is considering a law which punishes those who attack Israelis differently than those who attack Palestinians- a seemingly clear violation of the principle of equality before the law which is fundamental to human rights.

Death Penalty Only for Palestinians? Shalzed Confronts Ben-Gvir Outside the Knesset

First period I teach seventh grade Chumash, then I have a period free. Unfortunately, an older woman named Rosalie Steinburger who has been teaching second grade for over 40 years, is off that period too while her class has either music or gym. Every time she sees me she asks when I’m going to get married and whether I’d be interested in meeting her niece. But this time, to my surprise, it wasn’t Rosalie but rather Shalzed waiting for me in the teacher’s lounge.

“I don’t understand,” he said as soon as I came through the door.

Crazy as it seems, talking to a blue-skinned alien with pointy ears was becoming normal for me, but I wondered how Rosalie, or any of the other teachers, would react if they walked in. “Don’t understand what?” I asked him. “And how did you get into the school?”

“In Israel, a law imposing the death penalty only on terrorists who kill Israeli citizens just passed a Knesset committee, while specifically exempting those who kill Palestinians or others. It impinges on due process and takes away the right to seek clemency. This law is obviously discriminatory and violates human rights.”

“It’s because Israel is tired of terrorists being exchanged for hostages,” I told him.

I heard what sounded like Rosalie’s gentle footsteps in the hall. “You know this is the teacher’s lounge, don’t you? Anyone can come in?”

Shalzed shrugged. I guess he wasn’t worried about having to answer questions. I wondered if maybe I was becoming a little bit possessive towards him. Was I concerned Shalzed might develop other friends on Earth besides just me? “How can Israel even consider such a law?” he asked, ignoring me. “Who would propose such a thing?”

“It’s Itamar Ben-Gvir.” I told him. “He’s from the far right.”

Just as Rosalie started to open the door, I felt myself floating in the dark corridor with little points of light that I was starting to get used to. A moment later Shalzed and I were outside the Knesset, where Ben Gvir was walking towards a waiting black SUV.

“Slicha,” Shalzed called. I wondered if that was the only word he knew or if he could actually speak Hebrew. Or maybe he had a way of learning any Earth language? “Don’t you know that Article 7 of the Universal Declaration of Human Rights says that everyone is entitled to equal protection under the law? So how can you propose a bill that creates one punishment for Palestinian terrorists but a different one for everyone else?”

Ben Gvir stopped and put his hands on his hips. “Palestinians also want to be treated differently than Israelis,” he said. “Didn’t you see them cheering when we released convicted killers in exchange for our hostages as part of the ceasefire? They want Israelis who attack them to be punished severely, while we let their terrorists go.”

I noticed Ben Gvir had a small pin shaped like a noose on his lapel. I’d already seen countless photos of that on Facebook. “Why do you have to wear that?” I asked him. “Don’t you understand the harm you are causing? It makes it look like Israel doesn’t care about international law and is out to kill Palestinians.”

“I don’t care what antisemites think,” he said.

Shalzed crossed his arms. “You can hardly call people who oppose having capital punishment for Palestinians but not for Jews antisemites,” he said.

“If they hold Israel to one standard and the rest of the world to another, then they’re antisemites,” Ben-Gvir replied. “As soon as the ceasefire went into effect, Hamas started rounding people up, and without any due process had then blindfolded and shot them in the head. They called that a security operation. And those same people who said nothing about that are now all up in arms when Israel wants to impose the death penalty to help keep our citizens safe from terrorists?”

“Two wrongs don’t make a right,” I told him.

“There’s a Palestinian so-called human rights organization named Addameer,” Ben-Gvir continued. “They are all outraged by violence against Palestinians in the West Bank, claiming Israel is violating international law by not punishing those responsible more harshly. But at the same time they say Palestinians who have killed Israelis are political prisoners who should be released.”

“Why would a human rights group want convicted terrorists released?” Shalzed asked. I couldn’t help but chuckle at his surprise.

“There’s more,” Ben-Gvir continued. “There’s a 17 year old Palestinian named Mohammad Natsheh that we arrested for throwing Molotov cocktails. They say that because he’s under 18, he’s a child who should be released back home to his parents. But many of the settlers that have carried out arson attacks in the West Bank are also teenagers. Those they want in prison.”

“Itamar,” a woman wearing a businesslike skirt and blouse called as she walked towards us from the Knesset.

“I’ve heard enough from you already,” Ben-Gvir said.

When she got closer I saw from the woman’s ID badge that she was a government legal advisor. “I’m telling you again. Even if the law passes, it won’t take effect. It’s too vague, takes away judges’ discretion, and violates international treaties.”

Ben-Gvir waved his hand. “What’s important is to protect Israeli citizens from terrorists, not to follow treaties the world uses to condemn us while Hamas and all the other countries break them all the time.”

“There are lots of verses in the Torah that say there should be only one law, both for Israel and for foreigners that dwell in our midst,” I told Ben-Gvir.

“Did you tell that verse about one law to the hundreds of celebrities demanding that we free Barghouti? And the ones organizing the free Barghouti campaign?” Ben-Gvir asked.

“What does it have to do with Barghouti?” Shalzed responded.

“On the freemarwan.org website they claim Barghouti has been imprisoned unjustly because he was convicted by an Israeli court he does not recognize. You see, they don’t want equality. They want Palestinian terrorists to go free, while at the same time complaining we don’t punish Israeli citizens who attack Palestinians harshly enough.”

“Why is he in prison?” Shalzed asked.

“Because he helped orchestrate the murder of a group of innocent Israelis while they were just sitting eating at a restaurant,” Ben Gvir replied. “Imagine the world-wide calls for justice should an IDF soldier or Israeli citizen do that.”

“Do you want me to help you fine tune the language?” the legal advisor offered.

Ben-Gvir looked hesitant. “How?” he asked.

“Here is one example. The draft you submitted applies the death penalty only when the victim is an Israeli citizen,” she said. “That means it won’t apply to attacks on permanent residents or tourists.”

Ben-Gvir smiled. “That’s a good point. Let’s go.” He motioned to his driver to wait. “We can talk in my office.”

“This law is going to be used against Israel abroad,” I said. “It will make Israel be seen as racist.”

Ben-Gvir scoffed. “There will always be people who hate us,” he said. “Jews have been persecuted for thousands of years. What matters is that Israel defends its citizens.” He and the woman started walking back towards the Knesset building, as Ben-Gvir asked what alternate phrasings she recommends.

Shalzed looked at me. “I thought on Earth countries would compete to uphold human rights,” he said. “Not violate each other’s rights, then use each violation by the other as a justification to violate rights even more.”

All of a sudden I thought about third period. How long had we been gone? I had no idea how much time elapsed while we traveled. “I’m supposed to be teaching. . . “ I began.

Once more I was in the blackness, and then after what seemed like less than a minute I was back in the teacher’s lounge, in exactly the same spot as before I left. Rosalie Steinburger was pouring herself a cup of coffee by the sink.

“Is that Simon?” Rosalie Steinburger asked, speaking with her back to me. I looked around, but Shalzed wasn’t here.

“Yup, it’s me,” I said, trying to sound cheerful. I tried to think of an explanation if she asked me how I had just appeared.

She turned around, coffee cup in hand, and smiled. “This coming Friday night my niece Sarah will be at my house for Shabbat dinner,” she said. “Sarah is a lovely young woman, she’s about to be licensed as a speech therapist and is ready for her life to get going. Would you like to come over too?”

I swallowed, trying to think of an excuse. “I’m sorry, I can’t,” I told her. “I have a friend visiting from very, very far away. I promised him I’d be free.”

Rosalie Steinburger looked disappointed. “Maybe another time then,” she said as the school bell rang.

“Sure,” I told her. “I’m sorry, but something came up during second period and I wasn’t able to get much done. I have to run and make some copies before my next class,” I said as I slipped out the door.

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