Rabbi Shlomo Aviner is Head of Yeshivat Ateret Yerushalim and author of over 150 books on a wide range of Jewish themes.
Question: Should the President grant a pardon to the Prime Minister?
Answer:
Generally speaking, there is no place for granting pardons. Law is law, judgment is judgment. Every person must be judged according to his actions, whether he is the simplest citizen or the king of Israel.
On the contrary - it is an honor for the Prime Minister and for any public official to be judged like any other person. If he did nothing wrong, why should he hide behind immunity? He should prove his innocence.
However, sometimes there is another consideration, such as pikuach nefesh (a matter of saving lives) for the nation. Our Prime Minister needs to remain Prime Minister because of pikuach nefesh, for we do not see anyone else as competent to serve as Prime Minister - neither in the coalition nor in the opposition. Perhaps someone exists, but on the face of it, there is no one.
We need him to deal with the economic crisis, the war, enemies from without and within, tensions inside our society, etc. There will be great damage if there is an unsuitable Prime Minister. Therefore, in this emergency situation for the country, a pardon should be granted.
True, generally a pardon is given after a verdict has been issued and after the person has admitted to the offense - but the laws of pardon differ from country to country. There are different types of pardons. A pardon, in general, is an expression of the attribute of kindness (chesed). There is the attribute of judgment, and there is the attribute of kindness.
Therefore, since the Prime Minister is needed, these legal proceedings should be set aside. This is a temporary ruling (hora’at sha’ah) to set aside judicial action against the Prime Minister because he is essential - all the more so here. We are not entering into conditions or details, but only the principle.
Conclusion:
It seems that in our case, a pardon should be granted to the Prime Minister, because it is a national necessity.