Wasn’t it a crime for samurai to slay someone with a sword?

Thursday 29/02/2024 | 23:29 PM

Samurais sometimes appear in movies and dramas cutting down townspeople and farmers.
Did the samurai always carry a sword and was it okay to slay people when and where they wanted?

There was a special law that allowed samurai to kill someone. This was called “kirisute gomen”.　Some people may have thought it was a crime, because it’s dreadful to have a law that makes it okay to slay a person. However, the rules were very strict.

For example, it was acceptable to slay a person in this case:

You are a farmer living in these times and a samurai walks past you. You say to your friend next to you in a small voice:

“That samurai is so ugly. Is he a human being?”

You thought you said it quietly, but the samurai overheard you. In that case, he is allowed to slay you and he will not even be legally punished. You will not even have the opportunity to say that you were just joking.

So, in what cases is it acceptable to slay someone? These are the 5 main tenets of the rule:

If you are insulted even if the other party does not attack you, the law is put into motion.

It is only okay if it is immediately after the insult.
No holding a grudge, letting the moment pass, and then killing the person later.

You have to finish them off in one move.
Your opponent is an unarmed opponent. You must kill them with a single blow. If you swing your sword repeatedly, you are guilty of murder.

Only the wakizashi (short sword) is allowed to be used.
The samurai’s main weapon is a long Japanese sword, but it was forbidden to use this weapon. They could only use their short Japanese sword, the wakizashi.

There must be witnesses. It is hard on the townspeople if they are killed because of an accusation. With witnesses present, one must report the incident to the officials as soon as it happens.

The samurai will have his Japanese sword confiscated temporarily, but if it is determined that the judgement was appropriate, the sword will be returned. The samurai himself will then be detained until the investigation is completed.

Witnesses are therefore essential, so many samurai did not walk alone and were accompanied by servants.

This does not mean that anyone was allowed to slay someone, but that it was acceptable under these strict rules. Still, it is an outrageous law from the perspective of the person being killed.

If you ever go back in time and meet a samurai, please don’t say anything like, “What a weird hairstyle”!

ABE KENGO