In the wake of the devastating Oct. 7 Hamas attack on Israel, forensic experts are facing unprecedented challenges in identifying victims. A groundbreaking article by Rabbi Professor Neriah Gutel reveals how advanced scientific methods and Jewish law are being combined to declare individuals deceased.
The identification of some victims has hinged on the tiniest of bone fragments or solely on eyewitness testimonies. Gutel's article in the annual Thumin, published by the Zomet Institute, unveils this extraordinary fusion of religious tradition and cutting-edge science in addressing the identification of fallen soldiers without recoverable remains.
Rabbi Menachem Perl, who heads the institute, notes in the annual that many contributors tackle war-related issues. This period "will be etched in memory as one of Israel's most harrowing. The catastrophic blow that struck us on Simchat Torah morning has left an indelible mark."
The identification of fallen soldiers remains one of Israel's most sensitive topics, rarely discussed in public forums. Gutel, a reserve lieutenant colonel who initially led the team making final determinations on fatalities, offers a rare glimpse into the painstaking process of identifying victims from that tragic Saturday, often with scant evidence.
He details two particularly challenging cases. In the first, on Oct. 9, a bullet-riddled military vehicle assigned to a missing soldier was discovered in a combat zone. The soldier was nowhere to be found, presumed abducted. "Bloodstains marked the seat back in the lower back and shoulder areas. Nearby, small bone fragments were recovered." DNA analysis conclusively matched the skull fragments and blood to the soldier. Forensic experts determined that such catastrophic skull damage was incompatible with survival.
The second case unfolded at an IDF outpost. "Numerous soldiers had taken shelter in one building. Terrorists surrounded it, unleashing a barrage of small arms fire, machine gun rounds, shoulder-launched missiles, grenades, and explosives, before setting it ablaze." The few who escaped described an inferno of unimaginable intensity, convinced that survival was impossible. Fire and rescue reports corroborated this assessment, noting the presence of lethal toxins in the smoke and the respiratory damage caused by extreme heat. Tragically, among the recovered bodies, one soldier's remains were completely absent.
Gutel's article grapples with the religious quandary of declaring these soldiers fallen according to Jewish law, despite the lack of direct evidence. He explores the use of advanced technologies, particularly DNA analysis, citing Rabbi Zalman Nechemia Goldberg's post-9/11 ruling that DNA evidence could be used for identification.
For the soldier who vanished from the vehicle, Gutel stated: "The conclusion was unequivocal – this was indeed our fallen soldier, with a probability of one in a billion."
He noted that the soldier had recorded himself in the vehicle, and substantial blood evidence and bone fragments were recovered nearby. The soldier's body was later found during the ground operation and laid to rest.
The case of the second soldier, lost in the terrorist-ignited blaze, presented an even greater challenge with no physical evidence. Here, Gutel cited a ruling by Rabbi Ovadia Yosef related to the 9/11 attacks, stating that eyewitness testimony placing the individual at the scene could be sufficient to declare them killed.
