The Crocodiles Of Itamar Ben Gvir

Rabbi Shay Tahan

It sounds almost like something from a bizarre movie: a prison surrounded by trenches filled with crocodiles. Yet this is precisely the unusual security proposal being advanced by Israel’s National Security Minister, Itamar Ben-Gvir. The plan calls for Nile crocodiles to be placed in trenches surrounding Ketziot Prison in southern Israel, where Palestinian security prisoners, including detainees from Gaza, are being held.
In this article, we will examine the relevant sources in Chazal and the poskim concerning dangerous animals, the obligation to avoid creating situations of danger, and the extent to which one may introduce and maintain inherently dangerous animals in an area where people are present.

The Torah establishes that, under ordinary circumstances, when an animal causes damage, its owner is liable for only half of the damage. Such an animal is considered tam, meaning that it has not yet established a pattern of causing damage. After the animal has caused damage on three occasions and thereby established itself as one that is likely to cause harm, it becomes a mu’ad, and its owner is liable for the full amount of the damage.

The Mishnah (Bava Kamma 15b), however, teaches that this rule does not apply equally to all animals. Certain animals are considered mu’ad from the outset, meaning that their dangerous nature is so well established that they are treated as mu’ad even before they have caused any damage. The Mishnah lists several examples, including the lion, wolf, bear, leopard, and snake. Since these animals are inherently dangerous, they are considered mu’ad from the outset, and their owners are subject to the greater liability associated with a mu’ad.

In light of this principle, one might ask whether a crocodile should likewise be included among the animals that are mu’ad from the outset. A crocodile is a large and inherently dangerous wild animal, capable of causing severe injury or death. Unlike a domesticated animal, it cannot ordinarily be presumed to be harmless simply because it has not previously caused damage.

The discussion, however, goes beyond the question of financial liability. The Maharshal, in his Yam Shel Shlomo, makes a significant point concerning dangerous animals. He writes that, in addition to the owner’s liability for damage caused by such an animal, one is not permitted to bring such wild and dangerous animals into his possession in the first place.

This introduces a second and fundamentally different halachic question. The first concerns liability for damages: if a dangerous animal causes injury or property damage, what responsibility does its owner bear? The second concerns the very act of keeping the animal: is a person permitted to keep a dangerous creature when doing so creates a potential danger to others?

This distinction is particularly relevant to the proposed use of crocodiles at a prison. Even if the crocodiles were to be kept in specially constructed trenches, securely separated from the prisoners and from the general public, and even if their sole purpose were to provide an additional layer of security, the question remains whether halachah permits the deliberate introduction and maintenance of such inherently dangerous animals in an area where human beings are present.

Thus, the issue is not merely what the halachah would require if a crocodile escaped and caused damage. The more fundamental question is whether one may create such a potential danger in the first place.

To explore this question, we must turn to another Mishnah in Bava Kamma (79b), which addresses the question of keeping a potentially dangerous animal. The Mishnah teaches that one may not raise a dog unless it is kept securely chained. The Gemara (83a) further explains that there are circumstances in which a person may keep a dog for security purposes. For example, people who live near the border of enemy territory may keep the dog chained during the day and release it at night while they sleep, allowing it to protect them from potential danger.

From this discussion, we can potentially derive two important principles relevant to our case.

First, the danger posed by an animal may be mitigated when the animal is properly secured and prevented from coming into contact with people.

Second, the Gemara establishes that there are circumstances in which a dangerous animal may be kept for a legitimate security purpose. The Gemara specifically discusses people living in dangerous areas who are permitted to keep a dog for protection.

Thus, the proposed use of crocodiles presents two possible grounds for leniency: the animals are intended to be securely contained, and their presence serves a legitimate security purpose.
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