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8

You are likely thinking of Rashi to Shemot 21:13: והא-להים אנה לידו: ולמה תצא זאת מלפניו, הוא שאמר דוד (שמואל א' כד יג) כאשר יאמר משל הקדמוני מרשעים יצא רשע, ומשל הקדמוני היא התורה, שהיא משל הקב"ה שהוא קדמונו של עולם. והיכן אמרה תורה מרשעים יצא רשע, והא-להים אנה לידו. במה הכתוב מדבר, בשני בני אדם, אחד הרג שוגג ואחד הרג מזיד, ולא היו עדים בדבר שיעידו, זה ...


7

I'd like to answer along two dimensions, one about capital punishment and one more broad. First, it is possible for the conditions to be met under which capital punishment can apply. Tractate Sanhedrin in the talmud discusses in great detail the relevant laws. We know that sentences of capital punishment were carried out in the past. They were rare, with ...


5

Thank you Fred for sourcing it. The majority opinion in the Talmud is that a warning "this carries the death penalty" is sufficient, without specifying what method of execution. As Rabbi Aryeh Kaplan's Living Torah puts it: Since it was not specified what must be done to him, they placed him under guard. The death penalty was specified (Exodus ...


4

You're mixing up one important point: the original decree was not overturned. Achashverosh says explicitly that it cannot be overturned (8:8). The second decree in Sivan merely gave the Jews the right of self-defense, to stand up and kill anyone who tries to attack them (8:11). Indeed when the day came the enemies tried to attack per the first decree and ...


4

Yes this law applies to everyone, even the king of Israel, the kohen gadol, or a previously verified prophet--see Sefer Hachinuch 517. In fact, there is a specific prohibition not to fear executing a false prophet (Sefer HaChinuch 519). Actually, there are some who say that the death penalty applies only to someone who could plausibly have been a prophet, ...


3

The Sheiltot (R. Achai Gaon, 8th c.) says that although a parent can forgo his honor, he cannot forgo the prohibition against striking and cursing. שאלתות (פ׳ משפטים סוף סא): האב שמחל על כבודו, כבודו מחול, ה״מ כבודו, אבל הכאתו וקללתו, לא. The Minchat Chinuch (R. Joseph Babad, 19th c.), on the other hand, holds that a father can forgo the prohibition against ...


3

It would seem from the order of the Rambam in הלכות סנהדרין והעונשין המסורים להם, that only the 4 capital punishments are included. The Rambam includes the force-feeding-execution in Ch. 18 along with the laws of lashes. ד מִי שֶׁלָּקָה בְּבֵית דִּין עַל אִסּוּר כָּרֵת וְלָקָה פַּעַם שְׁנִיָּה עַל אוֹתוֹ כָּרֵת עַצְמוֹ כְּגוֹן שֶׁאָכַל חֵלֶב וְלָקָה ...


3

Perhaps there was nothing particular about this act that justified her execution. However, it was still justifiable. The Beis Yosef Y.D 158, followed by the Rema (Darkei Moshe 158:2) and the Shach (158:2) understand, based on Tosefos to Avoda Zara 26a s.v. ולא מורידים, that when the Mishna says אין מורידים, it means that even though your average gentile ...


2

The links you provide have to do with giving up one's life to prevent committing a sin. I'll answer according to your question on rabbinical violations that carry a death penalty. There is a baraita found throughout the Talmud (such as Ber. 4b) which states: וכל העובר על דברי חכמים חייב מיתה Anyone who transgresses the pronouncements of the Sages ...


2

The Torah does not command individual violence. The penalty for individual violence is rather severe - and even if nobody got killed, the violent person would be required to pay the victim damages, embarrassment, injury, medical expenses and loss of work. Even if the damage was unintentional, the rule is that a person is always responsible for his ...


2

I am sorry that I don't remember who I heard this from, but I recall learning that the idea behind the death penalties was to show how serious the matter under discussion is. Violating Shabbos, for example, has a death penalty, even though it is almost never carried out, in order to teach that observance of Shabbos is more valuable than one's life. The ...


2

Targum Pseudo Jonathan 34:31 says that Simeon and Levi were using the city of Shechem as an example and a warning to any and all who would think of treating the daughters of Jacob in such a way. (This is echoed by the Yerushalmi Targum as well): And Shimeon and Levi answered, It would not have been fit to be said in the congregations of Israel that the ...


2

See the lengthy Ramba"n discussion on Bresihit 34:13 He struggles with various aspects of this question, and why eventually Ya'akov cursed Shim'on and Levi's anger. There are three aspects to what Ramba"n states: He delves into a discussion of the responsibilities of B'nai Noach to establish a court and try people who violated certain crimes. Ramba"n lists ...


2

I am going to point to a different mitzvah - Ben sorer umoreh requires that both parents willingly transport the child to Beis Din for both the initial warning and the final judgement. If either relents or refuses, the child cannot be punished. No such dispensation is provided for in the case of cursing or hitting your parents. @Shokhet notes that the ...


2

See Ramban Parshas Shoftim 17 11 on the passuk לא תסור מן הדבר אשר יגידו לך ימין ושמאל. Even if they tell you about the right that it is left or the left that it is right, these are the words of Rashi. The point is that even when you think they are mistaken, and it is clear in your eyes like your knowledge of right and left,do as they say. And do not say ...


1

Yes, It is a general principle in a milchemes-mitzva, a holy war, that one should wipe out the males, since it is presumed that they will grow up and take vengeance for the genocide of their parents. See the tract Toras Hamelech by Rabbi Ginsburg. As for the non-virginal women, it is not clear why they had to be killed. Perhaps it was unclear whether they ...


1

Moshe's command was to spare the maidens, (Bamidbar 31:18) but not the males. Since Moshe was an accepted prophet, there is a positive mitzvah to heed his words. The Gemara also brings up the idea (although it is not accepted) that a female convert 3 years and younger can marry a Kohen. Perhaps that has something to do with it? And our King David left no ...


1

Here is what stuck with me in this Parasha: ( using Stone edition Chumash) Ch 34 v: 30 ' ... making me odious among the inhabitants of the land.' So, Yaakov was fearing the other residents of the land as well as their opinions..as they traversed, but then the men slew the city, note in Chapter 35 V5 " They set out and there fell a GODLY terror on the ...


1

Below are excerpts from Rav Shimshon Rafael Hirsch and his explanation as to why they reacted as they did. Note that Yaakov objected to this and did not accept their justification of "hora'as shah". See the full explanation in the 5 volume Hirsch Chumash. Rav Hirsch says on 34:25 Now the blameworthy part begins, which we need in no wise excuse. Had ...


1

It wasn't the Beis Din who locked up the Mekoshesh, it was the people who saw. Another point is that the rule is when two laws conflict, it is actually the positive command that prevails. עשה דוחה לא תעשה. But more importantly, this is not a conflict. A conflict is when two laws happen to clash. This is a case where a specific rule exists inside the ...


1

There are many different interpretations of Deuteronomy 25:11-12, and once you get used to Rashi's reading it's hard to reread it. However, Rambam (and Rabbi Kaplan's translation) follows Sifrei's reading: Mister Cohen and Mister Levi are arm-wrestling, no one is in mortal danger; then Mrs. Cohen freaks out and is attempting to mortally wound Mister Levi. ...



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