Tag Info

Hot answers tagged

22

In Tanach I find the following cases (there may be others I've missed): Moshe's court executing the blasphemer (Lev. 24:23) ...and the Shabbos violator (Num. 15:36) Yehoshua's court executing Achan for taking from the spoils of Jericho (Josh. 7:25) Navos being executed by the court of Jezreel on charges of blasphemy and cursing the king (I Kings 21:13). ...


15

The RaMBa"M is likely quoting this directly from the Gemara in Sanhedrin 2A (Hebrew, English): סנהדרין גדולה היתה של שבעים ואחד וקטנה של עשרים ושלשה מנין לגדולה שהיא של שבעים ואחד שנאמר אספה לי שבעים איש מזקני ישראל ומשה על גביהן ר' יהודה אומר שבעים The Great Sanhedrin consisted of seventy-one members; the small sanhedrin of twenty-three. Whence do ...


13

A convert can: Judge a case as part of a beis din that has been accepted by the Yisrael Force a judgment on another convert Force a judgment even on a Yisrael if the converts mother or father was born of a Yisrael A pure convert cannot: Force judgment on another Yisrael These laws are based on the double language of שׂוֹם תָּשִׂים עָלֶיךָ מֶלֶךְ, ...


12

About your second question, defending himself by killing his executioners: Mishneh Lemelech (Hil. Rotze'ach Ushemiras Nefesh 1:15) implies that no. He says that in cases where extrajudicial killing is permitted (e.g., a goel hadam pursuing a murderer, or a zealot attempting to kill a Jew consorting with a gentile woman), then the intended victim may indeed ...


9

From Torah.org (quoting Pischei Choshen, Halvahah 2, note 72): The legal concept of "statute of limitations" is not recognized by the halachah From Daas Torah blog: There is no statute of limitation for crimes in halacha From Matzav.com (concerning loans: In principle, there is no statute of limitations on a loan in halacha (other than ...


8

As stated above, the death penalty was exceedingly rare. Just regarding the burning part, fascinatingly the Talmud says that to burn someone at the stake is a violation of "love your fellow like yourself." Instead, a death sentence of "burning" is carried out by pouring molten lead down their throat. Still not fun, but it's seen as I believe less painful ...


8

Technically, jutky is correct: once the Great Sanhedrin moved out of their office in the Beis Hamikdash, forty years before it was destroyed, capital punishment was no longer carried out. (Shabbos 15a, et al) That said, we do find sporadic cases where a beis din executed someone judicially in later times. One is in Sanhedrin 52b, where a kohen's daughter ...


7

I haven't studies the sources inside, but a couple observations, and some places to do more research: There are several different ways that DNA may be used in Halacha, and these ways may have different laws. There's using DNA for paternity tests in cases of inheritance, which may (or may not) be different than paternity cases that concern Mamzerut. In ...


7

The Otzar Beit Din is when the Beit Din pays the farmer to collect their produce for the community. The farmer is then a shaliach, and you are not buying the fruit. You're paying him for his effort. Then, when the consumer buys it, he is paying back the Beit Din, again, not buying the fruit. Otzar Beit Din, however, still has kedushat shvi'it, so it cannot ...


6

There are appeals, but only in some cases: From the pasuk containing וְנָקִי וְצַדִּיק אַל-תַּהֲרֹג, we learn that you do not punish an acquitted person- even if we find out he is not righteous. We also do not punish a righteous man, even if he wasn't acquitted. Sanhedrin 33b So in punitive cases, guilty verdicts may be appealed (by anyone, not just the ...


6

Judicial execution is not the same as murder. The same torah that says "do not murder" also calls for the death penalty for certain transgressions, so there must be a difference. Tractate Sanhedrin discusses capital punishment in a fair bit of detail. There are strict rules, but nonetheless a death sentence is possible and does not violate lo tirtzach.


6

Bamidbar 27:3, quoting Tz'lofchad's daughters, who were seeking land in Israel: אָבִינוּ מֵת בַּמִּדְבָּר וְהוּא לֹא הָיָה בְּתוֹךְ הָעֵדָה הַנּוֹעָדִים עַל ה׳ בַּעֲדַת קֹרַח כִּי בְחֶטְאוֹ מֵת…‏ Our father died in the desert; he was not among the group who met against God in the group of Korach, but died for his own sin… The Sifre (ad loc.) ...


6

R' Samson Raphael Hirsch, when describing your case about a thief's slavery, writes that the Torah's system of punishment is much better than the prevailing system of imprisonment, which basically destroys the perpetrator. This implies that jail is never found as a punishment in Judaism. That being said, there are times where someone is guilty of a severe ...


6

The concept of prison does not exist in The Torah. The closest thing that the Torah has to 'imprisonment' are the cities of refuge where someone who kills unintentionally has to go to and where he has to remain until the death of the current Kohen Gadol, and excommunication where the person who is excommunicated is socially isolated until the excommunication ...


6

אף על פי שבית דין של שלושה, בית דין שלם הוא, כל זמן שהן רבים, הרי זה משובח Although a court of three is considered as a complete entity, whenever there are more judges, it is praiseworthy. Rambam Sanhedrin 2:13 (English)


5

About monetary matters there is a quote in the gemarah: "Bei Dina Basar Bei dina lo daiki". (A court doesn't look after another court). The reason given is that if one could, there would be no end to the matter (one would go around looking for a court that agrees with him) and because we have an assumption that court rules correctly. Nowadays, many poskim ...


5

Agreed that a person found guilty should accept their sentence; here's a different source. There are several different Midrashic explanations to Deuteronomy 25:11-12, involving a woman trying to save her husband. Several say the phrase to save her husband from his fellow excludes either saving him from an agent of the courts (carrying out the death ...


5

Choshen Mishpat - Shach 17:2 indicates in the name of the Raavan that it fell by the wayside since today no one wears a Uztila of 100 Mana.


5

To show you how important Shalom Bayis is.


5

The isur comes from som tasim alecha melech- all appointment that you do should be from your brethren. This refers to positions where you are forcing people into judgement. But in a "non-appointed" position where the baal din or the noder comes of his own volition, that isn't a problem. (Aruch Hashulchan C.M. 7:1)


5

According to Beth Din of America, Reuvain can end up with Shimon in Beit Din in three ways: Parties may end up before a beth din either: under a preexisting contractual provision that requires the resolution of a dispute before that beth din, after they have mutually agreed to have that beth din decide a dispute or because they have ...


4

Rashi states in Devarim Chapter 1, Verse 15: אנשים חכמים וידועים: אבל נבונים לא מצאתי. זו אחת משבע מדות שאמר יתרו למשה ולא מצא אלא שלש, אנשים צדיקים, חכמים וידועים: According to Rashi, it would seem that Moshe was only able to find men with some of the traits and not all of them. Yisro was identifying the ideal candidate. However, as we know in life, ...


4

according to the hebrew wiki the capitol punishment was canceled 40 years before destruction of the second temple.


4

Rabbi Yonatan claims (Sanhedrin 71a) to have seen a ben sorer u'moreh and sat on his grave. There are difficulties taking this at face value (this is part of a machloket about whether ben sorer u'moreh ever happened. Also, Rabbi Yonatan was a cohen), but if we do take it at face value, it implies that the sanhedren at one point executed a ben sorer u'moreh. ...


4

Best interest of child. Rule of thumb (all else being equal) in defining that is: age six and under, with mom. Seven and older: boys with dad, girls with mom. But there are instances where best interests of child will mean all with mom; all with dad; or even neither parent and foster care. (As heard from Rabbi Hershel Schachter on yutorah.org)


4

Journal of the Beth Din of America 1:1, page 32: -3. Non- Jews: Tashbetz assumes that, technically speaking, the prohibition against litigating in secular court would apply even in the context of a non-Jewish adversary. However, one may assume that a non-Jew will not willingly appear before a beit din, and accordingly one may bring the non-Jew before ...


4

A search found the following on the consequences of a shtar siruv: 1) Rabbinical Council of America “Jun 1, 1993 -- RESOLUTION: MATTER OF PRE-NUPTIAL AGREEMENTS & RECALCITRANT SPOUSES” Resolved, that any person against whom there is an outstanding Shetar Siruv, issued by a Beit Din consisting of three Orthodox Rabbis, in regard to matters of ...


4

The torah itself never discusses imprisonment. Penalties for transgressions include restitution, financial penalties, lashes, becoming a slave, and capital punishment, but imprisonment as a final outcome isn't discussed. (I don't know how to prove a negative, sorry.) See Ypnypn's answer for something that looks like imprisonment but isn't. And ...


3

From Rambam, Hilchos Sanhedrin Ch. 2 (Chabad.org) it appears that, for the most part, the appointment of judges was the responsibility of the Supreme Sanhedrin: Halacha 8 Our Sages relate: From the Supreme Sanhedrin, they would send emissaries throughout the entire land of Israel to seek out judges. Whenever they found a person who was wise, ...



Only top voted, non community-wiki answers of a minimum length are eligible