Responsa in a Moment
Volume 20, Number 1
October 2025
A Kohen who killed someone in battle – may he recite Birkat Kohanim (the Priestly Blessing)?
(Orah Hayyim 128:35 )
By Rabbi David Golinkin
With feelings of joy over the release of our hostages from Gaza.
May God enable us to give a proper Jewish burial to all the bodies which remain there.
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A note of explanation for Jews in the Diaspora: Outside of Israel, Kohanim usually recite Birkat Kohanim in the loud repetition of the Amidah only on Rosh Hashanah, Yom Kippur and the three pilgrim festivals. In Israel, Kohanim recite Birkat Kohanim every day. Hence the importance of the question below. DG.
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A question from a soldier who served approximately 400 days of reserve duty in Gaza: I am a Kohen, and during my army service I had to kill terrorists. We would enter a building, they would fire at us, and we would return fire and kill them. We also blew up tunnels or tunnel entrances, and presumably killed additional terrorists without knowing how many. Am I permitted to recite Birkat Kohanim (the Priestly Blessing)?
Responsum:
I. The stringent approach of the Babylonian Talmud and those who ruled accordingly
It is written in the Book of Isaiah 1:10–15:
10 Hear the word of the Lord, you rulers of Sodom; listen to the teaching of our God, you people of Gomorrah. 11 “What do I care for the multitude of your sacrifices?” says the Lord. “I am sated with burnt offerings of rams and the fat of fattened animals; the blood of bulls, lambs, and goats I do not desire. 12 When you come to appear before Me, who asked this of you, to trample My courts? 13 Do not continue bringing worthless offerings; incense is an abomination to Me. New moon and Sabbath, the calling of assemblies — I cannot endure iniquity combined with solemn gathering. 14 Your new moons and your appointed festivals My soul hates; they have become a burden to Me, I am weary of bearing them. 15 And when you spread out your hands, I will hide My eyes from you; even though you multiply prayers, I will not listen — your hands are full of blood.
According to the biblical parallelism within verse 15, the prophet Isaiah is saying that when the people of Israel pray to God, He will not listen because they have killed people or committed serious sins.
Indeed, in the Babylonian Talmud, Berakhot 32b (and from there in Yalkut Shimoni on Isaiah, end of paragraph 387, ed. Hyman, p. 10), Rabbi Elazar understood the phrase “when you spread out your hands” literally, as referring to prayer. But there is a second interpretation there:
Rabbi Yohanan said: Any Kohen who has killed a soul may not raise his hands [in the Priestly Blessing], as it is written: “[When you spread out your hands…] your hands are full of blood.”
It is worth noting that the reading “Rabbi Yohanan said” appears only in printed editions of the Talmud beginning with the Soncino edition of 1484. Most of the early authorities who cite this passage do so without attribution, while in the manuscripts and among the Geonim and Rishonim — such as Halakhot Gedolot and the Rif — the reading is: “Rabbi Elazar said.”(1)
In any case, the Babylonian Talmud understood the beginning of the verse as referring to the priestly spreading of hands for Birkat Kohanim, and the phrase “your hands are full of blood” literally, as referring to murderers. That is, if the Kohanim kill a soul, God will hide His eyes from them, and therefore they may not recite the Priestly Blessing.
And so ruled Rabbi Shimon Kayara (Sura, Babylonia, ca. 825) in Halakhot Gedolot, Hilkhot Kohanim (ed. Warsaw, 1875, fol. 45c = ed. Hildesheimer, Jerusalem, 1972, Part I, p. 467):
Rabbi Elazar said [this is his reading in Berakhot]: Any Kohen who has killed a soul may not raise his hands, as it is written: “Your hands are full of blood.”
And so ruled Rav Hai Gaon (Pumbedita, Babylonia, 939–1038) in slightly different language in a letter to the Kohanim of Africa (Otzar Hageonim on Kiddushin, Responsa section, paragraph 419, p. 189): “Any Kohen who sheds blood may not ascend the platform [for the Priestly Blessing]” and then he quotes the verse from Isaiah 1:15.
And so ruled the Rif, Rabbi Isaac Alfasi (North Africa and Spain, 1013–1103), in his Halakhot on Tractate Megillah (Chapter Hakorei Omed, ed. Vilna, folio 16a):
Rabbi Elazar said [this is his reading in Berakhot]: Any Kohen who has killed a soul may not raise his hands, as it is written: “Your hands are full of blood.”
Maimonides (Spain, Morocco, Egypt, 1138–1204) likewise ruled according to the Babylonian Talmud in Laws of Prayer and the Priestly Blessing 15:3: (2)
A Kohen who has killed a soul [even unintentionally] and even if he has repented, may not raise his hands, as it is written: “Your hands are full of blood,” and it is written: “When you spread out your hands…” etc.
And so ruled Rabbi Moses of Coucy (France, 1250) in Sefer Mitzvot Gadol, Mitzvot Aseh 20 (ed. Venice, fol. 104a):
Six things prevent a Kohen from performing the priestly blessing… One who has killed a soul, even unintentionally, may not raise his hands, as it is written: “Your hands are full of blood, and when you spread out your hands…” etc.
And so ruled Rabbi Yitzhak of Corbeil (d. 1280) in Sefer Mitzvot Katan, paragraph 113 (ed. Satmar, 1935, p. 88):
One who has killed a soul even unintentionally may not raise his hands, as it is written: “When you spread out your hands… your hands are full of blood.”
And so ruled Rabbi Aharon Hakohen of Lunel in Orḥot Ḥayyim, Laws of Priestly Blessing, paragraph 16, ed. Florence, 1750, fol. 109c = Kol Bo, paragraph 125, ed. David Avraham, Vol. 7, Jerusalem, 2002, p. 522), ca. 1300, following the aforementioned ruling of Maimonides:
A Kohen who has killed a soul may not raise his hands, even if he killed unintentionally, and even if he has repented.
And so ruled Rabbeinu Yeruham (Toledo, written in 1340), Netiv 3, part 6, ed. Venice, 1553, folio 27d = ed. Yair Hazzan, vol. 1, Jerusalem, 2019, p. 95:
A Kohen who has killed a soul may not raise his hands, because of “Your hands are full of blood.” This is clearly stated in Berakhot… and there are those who explain [i.e., Maimonides] — even if it was unintentional.
And so ruled Rabbi Ya’akov ben Asher (d. Toledo, 1340) in Tur Orah Hayyim 128 (Tur Hashalem, vol. 2, p. 18):
A Kohen who has killed a soul, even unintentionally, may not raise his hands, as it is written: “When you spread out your hands, I will hide My eyes from you; even though you multiply prayer, I will not listen — your hands are full of blood.”
And so ruled Rabbi Yosef Karo (Safed, 1555) in Shulhan Arukh, Orah Hayyim 128:35:
A Kohen who has killed a soul, even unintentionally, may not raise his hands, even if he has repented.
This was also the opinion of Rabbi Levi ibn Haviv (Spain, Jerusalem, and elsewhere, 1483–1545; Responsa Maharalbah, paragraph 117), regarding a Kohen who murdered a young man in Egypt, although he did not issue a clear ruling in order to avoid conflict with the rabbis of Egypt.
This was also emphasized by Rabbi David Halevi, the Taz (Poland, 1586–1667), in his commentary on Shulhan Arukh, Orah Hayyim 128, subparagraph 32. Since the verse states “even though you multiply prayer,” “it implies that repentance does not help.”
Thus, it seems that the halakhah is clear and straightforward: A Kohen who has killed a soul, even unintentionally, and even if he has repented, may not raise his hands to recite the Priestly Blessing.
II. The Lenient Approach of the Talmud Yerushalmi
However, the approach of the Talmud Yerushalmi is opposite to that of the Babylonian Talmud. It appears in Yerushalmi Gittin, Chapter 5 (Ms. Leiden, ed. Akademia, 5:8, col. 1078 = ed. Venice, 5:9, fol. 47b) and I am correcting the word in brackets based on the Ra’aviyah (paragraph 151, ed. Aptowitzer, vol. 1, p. 154) and the Beit Yosef (on Tur Orah Hayyim 128, s.v. kohen sheharag et hanefesh):
[Lest] you say: “So-and-so engages in illicit sexual intercourse and sheds blood — and he blesses us?!” Says God: “And who is blessing you? Is it not I who blesses you?” As it is written: “And they shall place My name upon the children of Israel, and I shall bless them” (Numbers 6:27).
In other words, according to the Yerushalmi, the behavior of the Kohen is irrelevant. The Kohen is merely a conduit, and the blessing comes from God Himself. The Rif ruled over 900 years ago that when there is a dispute between the Babylonian and Jerusalem Talmuds, one rules according to the Babylonian Talmud (Hilkhot Harif, end of tractate Eruvin, ed. Vilna, fol. 35b). However, many early authorities, as we will see below, used the lenient approach of the Yerushalmi in order to limit the sweeping prohibition found in the Babylonian Talmud.
III. Limiting the Prohibition in the Period of the Rishonim and Aharonim
Indeed, during the period of the Rishonim (ca. 1000-1550), halakhic authorities began to limit the scope of the Babylonian Talmud’s ruling in Berakhot:
His devoted disciple, Rabbi Yitzhak of Vienna, explains (Or Zarua, part 2, paragraph 412, ed. Zhitomir, 1862, folio 83d = ed. Mekhon Yerushalayim, 2010, vol. 2, p. 470): “But if someone shed blood or committed sexual immorality incidentally, and is not well-known or habitually sinful, such a person may raise his hands and it is perfectly acceptable.” He then quotes the Yerushalmi and concludes: “And this is the halakhah.”
This interpretation does not align with the plain meaning of the Babylonian Talmud, but many have cited it to adopt a more lenient position.
This interpretation also does not align with the plain meaning of the Babylonian Talmud.
A Kohen who circumcised a baby and the baby died, may still raise his hands in the priestly blessing. This is not comparable to the Kohen who killed a soul as discussed [in Berakhot], because that case refers to intentional killing, as it is written: “Your hands are full of blood.” And if you wish to say that the Talmud in Berakhot also refers to unintentional killing, this case is different, because [the mohel] acted with the intention of fulfilling a mitzvah…
In other words, even if the Talmud in Berakhot intended to include a Kohen who killed unintentionally, this case is different because the mohel acted for the sake of a mitzvah. This ruling was also codified in Shulhan Arukh, Orah Hayyim 128:36. We will return to this point below.
5. Rabbi Hezekiah de Silva (Italy and Jerusalem, 1659–1698) ruled in Peri Hadash on Orah Hayyim 128:35: “But if he was forced to kill, he may raise his hands.” This ruling is also cited in Ba’er Heitev, subparagraph 59. We will return to this point below.
6. The Tur and Beit Yosef, Orah Hayyim 128 cite many authorities, beginning with Rabbeinu Gershom and Rashi, who ruled that a Kohen who converted to Christianity and then repented is permitted to raise his hands. From this, the Rema (in both the long and short versions of Darkei Moshe) concluded: “It seems that the same applies to a Kohen who killed and repented, we rule that he may raise his hands, for he is no worse than a Kohen who converted.”
And so ruled the Rema in his glosses to Shulhan Arukh, Orah Hayyim 128:35: “Some say that if he repented, he may raise his hands. One should be lenient with penitents and not lock the door in their faces, and this is the custom.” Many later authorities quoted the Rema and agreed with his opinion — see the list in Keter Ephraim, p. 387.
IV. A soldier who is a Kohen who killed someone in the line of duty
Now we shall present the modern halakhic authorities who addressed our specific question directly: Is a Jewish soldier who is a Kohen and killed someone in the line of duty permitted to raise his hands in the Priestly Blessing?
In general, all the halakhic authorities who dealt with this issue ruled in the affirmative, but they arrived at this conclusion for very different reasons.
However, this approach is highly problematic in the eyes of many Jews today. First, as Rabbi Uziel emphasized, it is not at all clear that the verse in Isaiah refers only to Jews who killed other Jews.
Second, the Talmud in Berakhot says: “A Kohen who killed a nefesh [a soul]” and, as Rabbi Shimon Sofer explained some one hundred years ago: “This implies any soul whatsoever — whoever it may be — even if not Jewish.”
Moreover, Rabbis Ovadia Yosef and Waldenberg quote Rabbi Yissachar Ber Eilenburg (author of Be’er Sheva, Poland and Moravia, 1570–1623) in his work Tzeidah Laderekh on Rashi to Parashat Mishpatim (folio 69a). He learned from the Mekhilta (on Exodus 21:14, Mishpatim, ed. Horovitz, p. 263) that if a Jew kills a non-Jew, his judgment is in the hands of Heaven, and therefore a Kohen who killed a non-Jew may not raise his hands. Rabbi Eilenburg concluded: “This seems correct in theory, but not in practice.” However, Rabbi Uziel apparently ruled this way in practice based on the Mekhilta.
Furthermore, as we have proved elsewhere in detail (Golinkin, 2014), it is forbidden to kill a non-Jew. Therefore, in my opinion, a Kohen who killed a non-Jew in battle has still taken “a soul”, and this is not the reason to permit him to raise his hands in the Priestly Blessing.
However, two major halakhic authorities understood coercion differently. Rabbi Shimon Sofer wrote: “The soldiers were all coerced to shoot at their enemies… and since [the Kohen] was coerced, he is included in [giving] the blessing.” And so wrote Rabbi Ovadia Yosef: “If so, the Kohen who stands before enemy armies and is exposed to danger, there is no greater coercion than this. ‘If someone comes to kill you, rise early to kill him first’ (Berakhot 62b).” In other words, the coercion is not the draft, but rather the soldier’s need to defend himself from the enemy — just as in your case.
This means that if serving in the army is a mitzvah, then a Kohen who killed terrorists in battle is still permitted to raise his hands. Indeed, I have demonstrated elsewhere (Golinkin, 2024) at length that an 18-year-old Jewish boy is obligated and commanded to serve in the IDF — because of milhemet mitzvah (a commanded war), pikuah nefesh (saving lives), dina de’malkhuta dina (the law of the land is the law), love your neighbor as yourself, Kiddush Hashem (sanctifying God’s name), and other reasons. Therefore, if a Kohen is obligated and commanded to serve in the army for all these reasons, how can one possibly suggest that if, during his service, he was forced to kill terrorists, he is forbidden to raise his hands in blessing?!
Indeed, this was emphasized by six prominent modern halakhic authorities in relation to various wars:
All the more so here, where Kohanim who are IDF soldiers stand to defend Israel and our Holy Land — there is no doubt that they are performing a great mitzvah by confronting enemy armies that come to sow destruction and to kill, destroy and annihilate men, women, and children. This is what Maimonides ruled in Chapter 5 of Hilkhot Melakhim [as I too cited in my responsum mentioned above – DG] — that defending Israel from enemy attack is considered a milhemet mitzvah [a commanded war]. Therefore, there is absolutely no doubt that these Kohanim are fit to perform the priestly blessing… It is appropriate to say to them: ‘May your hands be strengthened, and may your strength be blessed.’ ”
I agree with every word, and it is chilling to read Rabbi Ovadia Yosef’s words from 1978, which describe exactly what Hamas yimah shemam did on October 7, 2023.
This [disqualification from reciting the priestly blessing] applies only if the killing was not in accord with Jewish law. But a Kohen who killed Israel’s enemies in war is fit to perform the priestly blessing — just like Pinhass ben Elazar and the Hasmoneans, who fought Israel’s enemies and thereby expressed their Priesthood.
Therefore, there is no reason for concern. According to all the halakhic authorities mentioned above, you are permitted to raise your hands in the priestly blessing, especially since everything you did was in fulfillment of the mitzvah of serving in the IDF.
David Golinkin
Jerusalem
27 Tishrei 5786
Notes
It is worth noting that in paragraph 151 (ed. Aptowitzer, vol. 1, pp. 154–155; ed. Mekhon Harry Fischel, Jerusalem, 2023, vol. 1, pp. 211–212; ed. Doblitsky, vol. 1, p. 118), the Ra’aviyah offers two other solutions to the contradiction between the Yerushalmi and the Bavli – see ibid.
Bibliography
I. Responsa until the 16th Century
Ibn Haviv – הרב לוי אבן חביב, שו”ת מהרלב”ח, לעמבערג, תרכ”ה, סימן קי”ז
Ibn Zimra — הרב דוד אבן זמרא, שו”ת רדב”ז, ניו יורק, תשכ”ז, חלק ד’, סימן אלף קצ”ח (קכ”ח)
Maharam of Rothenburg — שו”ת מהר”ם בן ברוך, דפוס פראג-בודאפעשט, תרנ”ה, סימן א’
Maharam of Rothenburg — תשובות פסקים ומנהגים, מהד’ יצחק זאב כהנא, חלק א’, ירושלים, תשי”ז, סימן מ”א
Rav Hai Gaon — תשובה של רב האי גאון אל כהנים באפריקי, אוצר הגאונים למסכת קידושין, ירושלים, ת”ש, חלק התשובות, סימן תי”ט, עמ’ 189
II. Responsa of the 20th-21st Centuries
Adler – הרב שמריה מנשה אדלר, מראה כהן, סימן קמ”ז-ק”נ
Feinstein — הרב משה פיינשטיין, אגרות משה, יורה דעה, חלק ב’, ניו יורק, תשל”ג, סימן קנ”ח בסוף
Felder — הרב גדליה פלדר, יסודי ישרון, חלק ב, ניו יורק, תשט״ז, עמ׳ נ’-נ”ד
Fried — הרב נתנאל הכהן פריד, פני מבין, חלק א’, מונקאטש, תרע”ג, השמטות, סימן רל”ט
Golinkin, 2014 – David Golinkin, “What does Halakhah say about the murder of Muhammad Abu Khdeir and other attacks against innocent Arabs”, Responsa in a Moment, Vol. III, Jerusalem, 2014, No. 17; also at schechter.edu
Golinkin, 2021 – David Golinkin, “How should a person repent for causing an accidental death?”, Responsa in a Moment, Vol. V, Jerusalem, 2017, No. 10; also at schechter.edu
Golinkin, 2024 – David Golinkin, “Does Jewish law require yeshivah students to be drafted at age 18?”, Responsa in a Moment, Vol. VI, Jerusalem, 2024, No. 3; also at schechter.edu
Leiter — הרב זאב וואלף לייטער, בית דוד, חלק ב’, ווין, תרצ”ב, סימן ע”א
Litwin — הרב חיים יהודא לייב ליטוין, שערי דעה, לעמבערג, תרל”ח (כהן שהרג יהודי אחר שתקף אותו בכלי ברזל, תוך כדי הגנה עצמית)
Melamed — הרב אליעזר מלמד, פניני הלכה: תפילה, מהדורה חמישית, הר ברכה, תשע”ח, עמ’ 310-309; שם, ליקוטים א’, הר ברכה, תש”פ, עמ’ 282
Posek — הרב הלל פוסק, הלל אומר, תל אביב, תשט”ז, סימן ס”א
Rivlin — הרב יצחק ריבלין, ספר תורת המחנה, חלק א’ (חסרים מקום ושנת ההדפסה), סיכום בעמ׳ ט”ו, סעיף כ”ג; ותשובה, שם, י”ג:כ”ג, עמ׳ 138-137 (על חייל שהרג חייל אחר בשוגג במהלך תרגיל)
Schwadron — הרב שלום מרדכי שבדרון, מהרש”ם, חלק ה’, סייני, תרפ”ו, סימן ל’ (כהן שזרק מנורה על חבירו ונפטר החבר לאחר שמונה ימים)
Schwartz — הרב יוסף שווארץ, ויצבור יוסף, גראסווארדיין, תרצ”ו, סימן ל”ו (טרם ראיתי את התשובה הזאת)
Shapira — הרב צבי הירש שפירא, צבי תפארת, מונקאטש, תרע”ב, סימן ל”ז
Sofer – הרב יעקב חיים סופר, כף החיים לאורח חיים קכ”ח:ל”ה-ל”ו
Sofer — הרב שמעון סופר, התעוררות תשובה, חלק ד’, בודאפעסט, תרצ”ד, סימן י”א
Tchorsh — הרב כתריאל פישל טכורש, כתר אפרים, תל אביב, תשכ”ז, סימן ל”ג
Uziel — הרב בן ציון מאיר חי עוזיאל, משפטי עוזיאל, מהדורה תניינא, חלק א, ירושלים, תש”ז, סימן י; והשוו הרב פלדר, עמ’ נ”ב, לפסק נוסף של הרב עוזיאל בנדון
Waldenberg — הרב אליעזר ולדינברג, ציץ אליעזר, חלק י”ד, ירושלים, תשמ”א, סימן ס’
Winkler — הרב מרדכי יהודה ליב וינקלער, לבושי מרדכי, אורח חיים, מהדורה תניינא, בודאפעשט, תרפ”ב, סוף סימן י”ז
Wosner — הרב שמואל הלוי וואזנער, שבט הלוי, חלק א’, בני ברק, תש”ל, סימן מ”ג (על כהן שפגע ברכבו באיש זקן והלה נפטר לאחר שלושים יום)
Yosef — הרב עובדיה יוסף, יחוה דעת, חלק ב’, ירושלים, תשל”ח, סימן י”ד. (והשוו שם, חלק ה’, סימן ט”ז, על כהן שהרג את הנפש בתאונת דרכים)
Yosef — הרב יצחק יוסף, ילקוט יוסף, שארית יוסף, חלק ג’, ירושלים, תשנ”ו, עמ׳ ר”ד. (סיכום של דברי אביו ביחוה דעת, חלק ב’)
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(image: IDF Soldier Using a Thermal Scope in Gaza, 2024, IDF Spokesman Unit, via wikicommons CC BY-SA 3.0)
Rabbi Prof. David Golinkin was born and raised in Arlington, Virginia. He made aliyah in 1972, earning a B.A. in Jewish History and two teaching certificates from The Hebrew University in Jerusalem. He received an M.A. in Rabbinics and a Ph.D. in Talmud from the Jewish Theological Seminary of America where he was also ordained as Rabbi.
Prof. Golinkin is President Emeritus of The Schechter Institutes, Inc. and President Emeritus of the Schechter Institute of Jewish Studies in Jerusalem, where he also serves as a Professor of Talmud and Jewish Law. For twenty years he served as Chair of the Va’ad Halakhah (Law Committee) of the Rabbinical Assembly which writes responsa and gives halakhic guidance to the Masorti (Conservative) Movement in Israel. He is the founder and Director of the Institute of Applied Halakhah at The Schechter Institute whose goal is to publish a library of halakhic literature for Jews thoughout the world. He is the Director of the Center for Women in Jewish Law at the Schechter Institute whose goal is to publish responsa and books by and about women in Jewish law. He is also the founder and Director of the Midrash Project at Schechter whose goal is to publish a series of critical editions of Midrashim.
In June 2014, Rabbi Golinkin was named by The Jerusalem Post, as one of the 50 most influential Jews in the world. In May 2019, he was awarded an honorary doctorate by the Jewish Theological Seminary. In November 2022, he received the Nefesh B’Nefesh Bonei Zion Award for his contributions to Israeli society in the field of education
Prof. Golinkin is the author or editor of 65 books dealing with Jewish law, Talmud, Midrash and prayer, as well as hundreds of articles, Responsa and sermons.
For a complete bio click here.