Soccer Dad

No blood

This week the Virginia legislature rejected a bill that would allow a homeowner to use deadly force when confronting an intruder. Here's how an opponent of the bill put it

"The current law is not bright and clear because the world is not bright and clear," Bushnell said. "This bill is a license to kill."

These comments are notable because in the Bible the assumptions, according to a classic Jewish commentary, Rashi, are reversed.

Exodus 22:1

If while breaking in, the thief is discovered and he is struck and dies he has no blood.

RASHI

He has no blood - RASHI: This is not murder, for he (the intruder) is as if dead already. From this the Torah teaches us that if one comes to kill you, you should rise early to kill him. And in this case (our verse), he (the intruder) has come with intent to kill you, for he knows that no one will stand by and see someone run off with his money and remain silent. Therefore on this understanding he entered - that if the owner will stand up against him he will have to kill him.

According to Rashi, then, there's an assumption that the intruder is prepared to kill the homeowner if he's interfered with. This presumption according to Rashi is that the homeowner's life is in danger from the intruder and therefore he is permitted any means to defend himself.

In contrast, according to Virginia common law the danger the intruder presents to the homeowner is uncertain, therefore it is up to the homeowner to determine if deadly force is required.

According to the Bible (Torah) there is an exception. In the next sentence it says "If the sun shines, he does have blood ..." In other words only in a case where it is clear that the intruder has no deadly intent - i.e. that a father broke into a son's house - is the homeowner liable for killing him.

It would appear that the law in Virginia as it stands now is not consistent with the biblical principle of self defense. Virginia puts the burden of justifying force on the one whose domain was violated; the Torah gives him the benefit of the doubt.

Technorati tags: crime, self-defense.