Hot answers tagged

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 ...


5

Was Stoning Still Officially Practiced? As the previous answers have already said, no, it appears that stoning was abolished around the time of Jesus' birth. Did It Still Happen Anyway? Sometimes, but the best attested case took place under special circumstances. The historian Josephus writes of an instance in which stonings occurred, probably around the ...


5

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 ...


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

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, ...


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

Apparently there is a confusion in this question. When we speak with words specific to the modern language, and innocently utilize such words to translate the Torah, appear a confusion. If an adultery between a young bride and a man is heterosexual, You can change the title as "Stoning the heterosexuals" In the Greek antic civilisation, the practice of ...


3

Sanhedrin 81b (Art Scroll 81b1 and 81b3 and note 34) Bais Din could imprison him and feed him in such a way that his stomach bursts. This allows the Bais Din to handle murderers when we do not have two witnesses. We also see with Dovid and Shlomo Hamelech that the king had extrajudicial power to execute someone because of moreid bemalchus.


3

The Mishna (Sanhedrin 8:1) says the the word "son" is used intentionally to exclude a daughter, in this case. The Talmud (Sanhedrin 69b-70a) says that while it would be reasonable to also punish a wayward daughter, it is a divine decree that it is not so.


3

The law is exactly in accordance with the literal meaning of the verse in this case. "ונתנו אותו ביד גואל הדם" The Rambam codified this ruling in the halacha immediately following the halacha cited in @Danny Schoemann's now deleted response: רמב"ם הלכות רוצח ושמירת הנפש א:ב ‏ מִצְוָה בְּיַד גּוֹאֵל הַדָּם [לַהֲרֹג אֶת הָרוֹצֵחַ] שֶׁנֶּאֱמַר (במדבר ...


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

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 ...


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

במקום שיש חילול השם - אין חולקין כבוד לרב - "In an instance where there is desecration of G-d's name, we don't allot honor to a Rabbi". Humans who have debased themselves to the levels of animals (including the ben sorer umoreh) and have committed capital crimes are judged by the Torah as having forfeited to some degree their right to a certain level of ...


2

The עיקר תוי"ט on Mishna 9:5 in Sanhedrin (the one you quoted) brings a verse to explain why he deserves to be put to death; because he doesn't care about his life. דגברא בר קטלא הוא בידי שמים, וקרובי הוא דלא מקרב קטלי'. וכיון דקא מוותר ליה לנפשיה לעבירות של כרת, מקרבים ליה לקטלה עלויה. ורמיזא בקרא דכתיב תְּמוֹתֵת רָשָׁע רָעָה (תהילים ל"ד:כ"ב). ...


1

the torah is quite clear that sex between two males is a capital offense incurring stoning. it's not an exaggeration. though stoning is not like the islamic version of stoning. the talmud derives to chose a more humane version which is to be pushed off a high platform as explained in tractate sanhedrin. in the time of moshiach there will be no yetzer hara ...


1

I have a theory of why this method of execution is described. My theory is that the point of this Gemara is to provide an extreme example of the extent of the Sanhedrin's authority. The Gemara does not say that "this is what must be done to these people" but rather says that "this is what may be done" Below is an article detailing a gruesome method of ...


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 ...



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