DID OR DID NOT
DR. BARUCH GOLDSTEIN
MASSACRE 29 ARABS?

by Rabbi Dr. Chaim Simons

chaimsimons@gmail.com

© Copyright. Chaim Simons, 2003

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This book is dedicated to Truth and Justice

In the interests of truth and justice, a Commission of Inquiry should be established - the composition of which to be acceptable both to the Israeli authorities and to the Goldstein family - whose sole function would be to determine whether the killings by Dr. Baruch Goldstein should be classed as a massacre of Arabs or a pre-emptive strike to prevent a massacre of Jews.

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Message from the Author to the Readers

I sincerely hope that this book will lead to the establishment of a Commission of Inquiry.

I am sure that readers will wish to make comments on this book and I shall be very happy to receive them. Provided the comments are relevant, respectable and not illegal, I will publish them in a supplement to this book on this site on the internet, even if I personally do not agree with such comments. Readers may send them to me by e-mail at chaimsimons@walla.com

I should also be very happy to meet with anybody to discuss the contents of this book.

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ACKNOWLEDGMENTS

A book of this sort cannot be written without the help and assistance of numerous people. Along the entire journey. I found people to be invariably helpful and I gratefully acknowledge their assistance.

These people include:

• Judge Meir Shamgar, the then President of the Israel Supreme Court and Chairman of the Shamgar Commission and Judge Alon Gillon, Registrar of the Shamgar Commission, for assisting me in gaining access to the Shamgar Commission’s archival material.
• Judge Uri Goren, President of Tel-Aviv District Court for allowing me to refer to a file in the Court’s archives.
• Judge Yitzchak Anbar, Vice-President of the Jerusalem Magistrates Court for allowing me to refer to a file in the Court’s archives.
• The Staff of the Israel State Archives.
• Rachel Marcus, Director of the Knesset Archives and her Staff.
• The Staff of the Tel-Aviv District Court.
• The Staff of the Jerusalem Magistrates Court.
• The Director and Staff of the Hashomer Archives, Kfar Giladi.
• The Lawyers Shmuel Casper, Gidi Frishtik and Naftali Werzberger and their respective Staffs for giving me access to their files (after obtaining permission from the respective parties to these files).
• The Librarians and Staff of the Law Library at the Hebrew University Mount Scopus Jerusalem.
• The Librarians and Staff of the Jewish National and University Library Givat Ram Jerusalem.
• The Librarians of the Kiryat Arba Public Library.
• Members of the family of Dr. Baruch Goldstein, Dan Nimrod, the Editor of the Suburban (Quebec), Itamar Shneiweiss, Avraham Ben-Yosef, Dina Ben-Har, Michael Ben-Chorin, Yoel Lerner, Yosef Dayan, for copies of papers in their possession.
• Rabbi Shimon Ben-Zion, Rabbi David Shisgall, Rabbi Shalom Horowitz, Lawyer Tzvi Noach, Members of the family of Dr. Baruch Goldstein, Avraham Ben-Yosef, Michael Ben-Chorin, Yitzchak Bouaniche, Batya Cohen, Yitzchak Matoof, Itamar Marcus, for oral information.

I apologise to anyone I may have omitted.

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CONTENTS

SECTION 1 – HUMAN RIGHTS
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Purim 1994
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Justice justice shalt thou pursue
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Condemnation and more condemnation!
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May one criticise?

SECTION 2 – THE SHAMGAR COMMISSION
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A study of the findings of the Shamgar Commission
Gaining access to the archival material
Were Arabs planning an attack against the Jews?
Was Baruch Goldstein aware of a planned Arab attack?
Did Baruch Goldstein pre-meditate the killings?

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What if a Government fails to act?

SECTION 3 – KILLINGS SANCTIONED BY LAW
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Introduction
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Killing as an act of self-defence
Are pre-emptive strikes permitted?
Various questions on pre-emptive strikes and self-defence

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Killing due to necessity
The innocent must unfortunately suffer
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Killing during a war
War is cruelty and you cannot refine it
Are the PLO and Hamas at war with Israel?
Sermons in the Mosques calling for Holy War against the Jews

SECTION 4 – THE CONSEQUENCES
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Introduction
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Baruch Goldstein’s grave
The fight to demolish the grave area
Partisan action at Baruch Goldstein’s grave
The grave of Izz al-Din al-Kassam
Pandora’s Box

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The widow’s pension
How did Baruch Goldstein die?
The fight for the pension

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Baruch Goldstein prior to Purim 1994
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The Memorial Book – “Baruch Ha-Gever”

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EPILOGUE

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FOOTNOTES

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BIBLIOGRAPHY

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GLOSSARY

FACSIMILES OF SELECTED DOCUMENTS REFERRED TO IN BOOK
* There are 20 files containing a total of over 200 pages of facsimiles. The division of files was made on the basis of space considerations and not on subject natter
* Greater clarity of the facsimiles can be obtained by enlarging them on the computer screen.
* It was not possible to bring a facsimile of every reference brought in the book. As a general rule I limited them to material directly connected to Baruch Goldstein, and for this reason no facsimiles are brought for Section 3 of the book.
* I tried to keep the facsimiles in the same order as they are referred to in the book.
* Almost every facsimile has written above or below it the word “ref” followed by the number of the footnote given in the book.
* In a number of cases, there is more than one reference contained in a particular facsimile. In general I have quoted just the first one.
* In cases where the document was not in English, I have appended a very short description of it.
* It is strongly recommended, and I even say essential, that these facsimiles be used in conjunction with the book.

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Translation into Hebrew of above book
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A Critical Study of the Shamgar Commission on the actions of Baruch Goldstein at the Cave of the Patriarchs in Hebron in February 1994.
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Translation into Hebrew of above paper
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