What Does Halacha Rule About Killing Gentiles?

Natan asks: "Shalom and blessings. I am becoming more observant, and someone tried to challenge me with an ethical question from Halacha. They showed me a quote from the Rambam (Mishneh Torah, Laws of Murder and the Preservation of Life, Chapter 2, Halacha 11) which states that an Israelite who kills a resident alien is not executed for it by the court. They claim this implies that killing gentiles is akin to killing animals..."

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Shalom and blessings, Natan, and well done on your journey towards greater observance. With Hashem's help, may you rise and succeed.

In such questions, always remember that "Her ways are ways of pleasantness, and all her paths are peace" (Proverbs 3:17). Honestly, it is hard for me to grasp how anyone could imagine that Judaism would take the act of killing lightly. After all, our holy Torah taught the entire world the commandment "You shall not murder"!

In the Sefer Hachinuch, it is stated regarding the commandment "You shall not murder": "The sages taught that we are not to murder any living being in the world."

Halacha teaches us that theft from a gentile is forbidden, and even deception. How much more so is it forbidden to take a life.

The Torah, as we know, is the most printed and influential book in the world. Before it, the nations lived in an unimaginably low moral state. It was only the Jews who always sought to avoid war with other peoples. We Jews taught the entire world the value of human life, and thanks to the Torah, foundational laws such as "human dignity and freedom" were ultimately established.

As a point of comparison, look how advanced atheist nations like China, Germany, and Russia abandoned Torah ethics in the past century, leading to the murder of tens of millions of humans without batting an eye, because they trivialized the prohibition "You shall not murder." Without the belief that humans are created "in the image of Hashem," how can one understand that human life is more precious than that of microbes and animals? As Abraham our forefather said: "Surely there is no fear of Hashem in this place, and they will kill me" (Genesis 20:11).

Now regarding the source you mentioned from the Rambam's writings,

The Torah explicitly states: "You shall support the stranger and resident, so that he may live with you" (Leviticus 25:35). From this, the sages learned (in Pesachim 21b) "We are commanded to sustain the ger." These sources are undisputed, and it is a biblical commandment that the Rambam cites as law (Mishneh Torah, Laws of Kings and Wars, Chapter 10, Halacha 13). Furthermore, the Rambam rules that not only is it forbidden to kill a resident alien, but there is even an obligation to provide them medical attention free of charge (Mishneh Torah, Laws of Idolatry, Chapter 10, Halacha 3).

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Regarding your question, the Rambam clearly writes that a Jew who kills a resident alien even accidentally must go into exile (Mishneh Torah, Laws of Murder, Chapter 5, Halacha 3).

It's important to note that in Talmudic language (and also in the Rambam's), the term "exempt" refers only to exemption from the death penalty, not exemption from all punishment. Prisons were referred to as "houses of confinement" in rabbinic language.

The sin of a Jew who kills an innocent gentile is very severe. Not only will they be punished by imprisonment or exile, but they have also desecrated Hashem's name by their actions. As a result, they will be punished by divine justice, which is harsher than human punishment (Meshech Chochma, Parashat Mishpatim, and if he shall kill).

After establishing that Judaism absolutely prohibits killing an innocent gentile, we must next understand why there is still a difference in the physical punishment between a Jew who murders a gentile and a gentile who murders a Jew.

To draw a comparison, imagine a kingdom where a royal minister or chief physician commits a crime. Without a doubt, they will pay a heavy price for their crime, but the king is not willing to execute them due to their significant role in the kingdom. Similarly, on the battlefield, a soldier who disobeys an order faces immediate execution, whereas an officer might be subject to a more measured punishment due to their crucial role and importance.

It's crucial to understand there is no "racism" in these matters against the gentile, as every gentile in the world can choose to accept the yoke of Torah and mitzvot and thereby become an esteemed Jew themselves. It resembles a king who allows anyone in his domain to ascend to an important ministerial role if they wish. In Judaism, a person's importance is measured by the significance of their mission and role in the world. Notably, according to Halacha, a Jew who kills their gentile servant is liable to the death penalty, despite the servant's limited commandment obligations, as they have taken on a higher role in creation. This is how the Rambam rules: "One who kills his servant is killed for it because the servant has already accepted commandments and gained a share in Hashem's inheritance" (Mishneh Torah, Laws of Murder, Chapter 2, Halacha 10).

We learn from this that the Torah prohibits killing any person and teaches us the importance of the Jew's role in the world.