Questions tagged [capital-punishment]
Questions pertaining to capital-punishment according to Jewish law.
143
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What is the basis in the Torah permitting a king to kill someone?
Rambam in the laws of kings 3:10 states
כל ההורג נפשות שלא בראיה ברורה. או בלא התראה. אפלו בעד אחד. או שונא שהרג בשגגה. יש למלך רשות להרגו ולתקן העולם כפי מה שהשעה צריכה. והורג רבים ביום אחד ותולה ...
2
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34 views
How did the altar indicate that the sons of Shaul were to be killed?
In Yerushalmi Sanhedrin 6:7 (also found in bYevamot 78b with an alternate girsa) King David uses the altar to indicate which of Shaul's son's should be given over to the Gibeonim.
אמר להן הריני ...
3
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3answers
136 views
Why wasn't Reish Lakish punished for his crimes as a bandit?
Rabbi Shimon Bar Lakish is known to have been a bandit before repenting and becoming a Rabbi.
Banditry involves thievery and violence.
Would the Sanhedrin/Beis Hamidrash have an obligation to flog ...
3
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0answers
69 views
What are the implications of “deserving death”?
The Sources frequently say that certain people "deserve death". Examples in the Talmud:
He who transgresses the rulings of the Sages deserve death. [Berakhot 4b]
He who emits semen in vain ...
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1answer
86 views
When is ignorance of the law an excuse?
In capital cases (say, murder or adultery), ignorance of the law is a valid
defense. A Jewish court requires two witnesses to give evidence that the
defendant was taught ahead of time that his action ...
4
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2answers
309 views
Does Talmud introduce death penalties not mentioned in the Torah?
Does the Mishna or Gemara introduce any sin as liable for the death penalty, not mentioned in the Torah?
6
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2answers
1k views
How should the 23rd judge vote?
Capital cases go to a court of 23 judges. A majority is required to convict, except that if all 23 vote to convict, the defendent goes scot-free.
If 22 judges have already voted to convict, and the ...
3
votes
1answer
61 views
Should repentance and Yom Kippur save someone from capital punishment?
In Yoma 86a we find the following Tannaic statement
If one commits a transgression that warrants karet or a sin punishable by death from the earthly court and then repents, repentance and Yom ...
2
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0answers
46 views
What was the consequence of Yael's sin?
The gemarah (Horiyot 10b, Nazir 23b) states that Yael sinned for the sake of God in sleeping with Sisra. I would like to know what consequence, if any, there was for this sin. Was her husband ...
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2answers
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How can a rapist in the field be executed, if there were no witnesses?
The pasuk in Devarim 22:25 says
But if a man finds the betrothed girl in the field, and the man overpowers her and lies with her, then only the man who lay with her shall die.
Now, the man can ...
5
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1answer
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A rebellious elder is executed on the festival? How does that work?
The mishna in Sanhedrin 11:4 says that the rebellious elder is not executed by his local court but is instead taken to Yerushalayim and executed on the next festival in front of all the people.
...
2
votes
1answer
91 views
Is one liable for murdering after being sentenced to death?
If one was sentenced to death by a Sanhedrin. After leaving the court to his death execution he kills a bystander.
Is he liable for that murder?
If yes, is he re-judged? Or it depends on what kind ...
3
votes
1answer
91 views
Legal status of one sentenced to death until execution?
What's the legal status of one who's sentenced to death by a court (say smoked on Shabbos) from the moment of the verdict till the actual death:
What're his economical rights (his property, estate, ...
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47 views
Weren't Dor Hamidbar exempt from all Mitzvos as “already sentenced to death”? [duplicate]
IIRC, one who was sentenced to death is considered already dead (גברא קטילא)(San 85a, but exact source needed) (or is it only about losing his property?).
When G-d sentenced all 20-60 y.o. Jews to die ...
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41 views
Sins incurring death according to Ari Z"L
In the Kriyat Sh'ma al HaMittah of the Ari Z"L there is a section of viduy which confesses sins which call forth particular death penalties.
Is there any explanation of what these four sins are (as I ...
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0answers
68 views
How was the appropriate death penalty decided for each sin?
There are four capital punishments (Skilah, Sreifah, Hereg and Chenek) and there seems to be a hierarchy in terms of severity (heavy to light) but is there any discussion of how the specific crime ...
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3answers
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Why were Er and Onan punished if they were under 20?
As seen from this question, the Heavenly Court does not punish an individual (at least in this life) if he or she is under 20.
However, according to Seder Hadoros (Year 2217) Er and Onan were 7 or 8 ...
5
votes
2answers
85 views
Source for the requirement for an action to be within “toch k'dei dibbur” of a warning for Capital Punishment
In order for a person to be killed by Beis Din via a capital punishment, there needs to be:
a) 2 witnesses (Deuteronomy 19:15) that saw him transgress a sin that is liable to death.
b) a warning (&...
6
votes
1answer
130 views
Is the punishment for loshan hara death or tzaraas?
What is worse loshan hara about a thing or about a person?
We see that Miriam said Lashan Hara about a person and got Tzoraas
We see the meraglim said Lashan Hara about trees and stones and received ...
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0answers
42 views
(How) was Joshua allowed to trick Achan?
In Sanhedrin 43b it says that Joshua tells Achan that if he confesses he will be pardoned (והיפטר). Rashi explains that Joshua verbally deceived Achan into confessing, making Achan think he would not ...
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44 views
What is one's liability for intentionally exposing someone to a dangerous virus?
Consider Reuven, who takes an airborne virus (however he got it) and sticks it in Shimon's air vent. As Shimon is continuously exposed to this virus, he becomes progressively sicker.
What is Reuven's ...
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vote
3answers
276 views
Does an eye for an eye mean monetary compensation? [duplicate]
That's what I've heard it means. So the judges don't really pluck out the other defendants' eyes due to a plaintiff complaints. However, the judge would require the defendant to compensate for the ...
6
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1answer
105 views
How does frequency of a Sanhedrin killing make sense in light of the concept of “Kippah”?
The mishnah on Makkos 7a states:
סנהדרין ההורגת אחד בשבוע נקראת חובלנית רבי אליעזר בן עזריה אומר אחד לשבעים שנה רבי טרפון ורבי עקיבא אומרים אילו היינו בסנהדרין לא נהרג אדם מעולם רשב"ג אומר אף הן ...
2
votes
1answer
83 views
(How) did the M'kallel know he was doing something the warranted death?
In Vayikra 24:12 it says they placed the person who cursed God in jail. The gemarah (Sanhedrin 78b) explains that Moshe did not know if this person's actions warranted the death punishment and that ...
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1answer
146 views
How is the law in a case of multiple edim zomemim justified by Chachomim?
Mishna Makkos 1 (5) describes the case of witness who are zomemim.
The mishna according to Chachomim (with whom the halacha goes) says
If others [i.e. another pair of witnesses] come and are ...
2
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0answers
49 views
Why does a Na'arah Me'orasah convert who has illicit relations not receive Skilah?
Kesuvos 4:3:
הַגִּיּוֹרֶת שֶׁנִּתְגַּיְּרָה בִתָּהּ עִמָּהּ, וְזִנְּתָה, הֲרֵי זוֹ בְּחֶנֶק. [...] הָיְתָה הוֹרָתָהּ שֶׁלֹּא בִקְדֻשָּׁה וְלֵדָתָהּ בִּקְדֻשָּׁה, הֲרֵי זוֹ בִסְקִילָה. [...] הָיְתָה ...
4
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3answers
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What is the theological basis for changes in the practices of Judaism over the centuries?
There are many events or practices in the Old Testament which might seem brutal to a modern Western person; for example, I remember reading a passage about a man who was stoned to death for collecting ...
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0answers
41 views
Why is one obligated to the death penalty if he follows Beis Shamai
Why is it, that if one were to follow Beis Shamai's halachic opinions, he'd be obligated to the death penalty, as we see the Gemara in Brachos 11a says that:
רב נחמן בר יצחק אמר עשה כדברי בית שמאי ...
3
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2answers
38 views
Who must forewarn transgressors?
The Gemara in Makkot 6b says that a transgressor in capital cases is never executed unless his two witnesses were the ones who forewarned him, because the Torah says: "At the mouth [Al pi] of two ...
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98 views
How can Kares be greater than execution by beis din (and also eternal according to R' Kapach)?
In this exposition of what kares means, the following view is quoted:
[...] R. Yosef Kafach (Mishneh Torah, Hilkhos Teshuvah ch. 8 n. 4) offers a different interpretation. He suggests that the Rambam’...
5
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2answers
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Is kares a greater punishment than capital punishment, or vice versa?
In many cases (e.g., no warning, no witnesses) a capital crime is not punished by a beis din, but instead the offender gets kares. Let's assume for the purposes of this question that kares includes ...
9
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1answer
124 views
How was the Mekalel given the death penalty if the punishment wasn’t known?
Inspired by How was the Mekoshesh given the death penalty if the punishment wasn't known yet?
The OP there asks how the Mekoshesh, the one who chopped wood on Shabbos could be put to death if he ...
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2answers
538 views
How was the Mekoshesh given the death penalty if the punishment wasn't known yet?
How was the Mekoshesh, the man found gathering wood on Shabbat in Sh'lach L'cha, given the death penalty if the punishment wasn't known yet, so he couldn't have been warned, being that the warning ...
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0answers
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Can a King execute Kohen Gadol that he thinks is מורד במלכות?
While Kohen Gadol is a citizen, he belongs to a different "authority" that a King is obligated to respect (see Rambam Melachim 2, 5):
"אבל כהן גדול אינו בא לפני המלך אלא אם רצה ואינו עומד לפניו
...
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2answers
214 views
Are observant Jews of today more pious than observant Jews of the Sanhedrin period?
Allow me to explain the logic of the question:
During the time of the Sanhedrin, a Jew could be put to death for not following the law. While it was certainly enforced for things like murder, it ...
9
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4answers
418 views
Could a Jewish court try and execute a non-Jew?
When capital punishment was possible, could a beit din try and sentence a non-Jewish defendant that committed a capital crime? Or would a non-Jew whose transgression affected Jews never be tried by a ...
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0answers
244 views
Do Karaite Jews still believe that adulterers should get the death penalty?
This is a genuine question. As a Christian, I am often asked by atheists why I don't think adulterers should get the death penalty when Leviticus 20:10 clearly says that they should. My response to ...
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0answers
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Capital Punishment and Kares simultaneously
I always understood that if a person does something that warrants capital punishment, and there are witnesses who warned them against the crime, that's all they are punished with. If it was done ...
4
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1answer
112 views
If somebody is over 60 and does an aveirah for which the punishment is misah biyedei shamayim, what happens?
I was learning today's Tanya (יג תמוז, beginning of אגרת התשובה פרק ד)
I have a question based on the following part:
כשעבר עבירה שחייבים עליה כרת, הי׳ מת ממש קודם חמשים שנה
A violator of a sin ...
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1answer
43 views
is a animal more responsible then a child? if yes why?
if an animal kills a Jew it deserves the death penalty source
if a child (under 13/12) kills a Jew he is completely free (no consequences)?
if yes why?
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1answer
75 views
Censuring a variant reading
In Leviticus 24:20 we read the phrase "an eye for an eye." The talmud teaches (in Bava Kamma and Ketubot) that this refers to monetary value. Is there any source which criticizes a literal reading?
...
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2answers
246 views
What stops a modern Jew from practising stoning?
What stops a modern Jew from practising stoning? why don’t observant Jews keep the laws of death penalties as prescribed in the Torah?
5
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1answer
208 views
Capital punishment in Persia
This is not a Purim joke. Translations of the Book of Esther say the king sentenced people to be "hanged". But modern translations (including Sefaria) say they were "impaled". They translate "ha-...
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2answers
140 views
What does the Halakhah says regarding Devarim, 22.13-21 regarding מוציא שם רע - Motzi Shem Ra?
I am an Italian gentile believer in HaShem, who engages in the observance of the noahide precepts, as commanded by the Creator in the Torah.
I have never understood the exact meaning of Devarim 22:13-...
12
votes
1answer
262 views
No obligation of counting birthdays and knowing one's age?
Age is a very important part of Jewish Halakha, with many dates being critical for one's responsibility, including Misos Beis Din (capital punishment). E.g. 3 year old girl can be betrothed and a male ...
5
votes
2answers
185 views
Yom Kippur more lenient than Shabbos?
The potential punishment for an av melacha on Shabbos is stoning (ch"v). (Obviously, only under certain circumstances and after repeated attempts to dissuade the sinner.) However, I learned here that ...
2
votes
1answer
165 views
What is the “death”? If Gentiles keep Shabbat?
What is the death? Physically? Or spiritually?
A gentile who abstains from melacha is liable to death as it says "day and night they shall not stop" (sanhedrin 58b)
2
votes
1answer
244 views
How did the talmud's description of stoning work in practice?
I am trying to understand the description of stoning given in Sanhedrin 45a (starting here). To summarize: They take the condemned to a place that is twice a man's height, the first witness pushes ...
2
votes
4answers
183 views
How can we reconcile Devarim 24:16 with BaMidbar 16:27?
It is written at BaMidbar 16:27 וַיֵּעָלוּ, מֵעַל מִשְׁכַּן-קֹרַח דָּתָן וַאֲבִירָם--מִסָּבִיב; וְדָתָן וַאֲבִירָם יָצְאוּ נִצָּבִים, פֶּתַח אָהֳלֵיהֶם, וּנְשֵׁיהֶם וּבְנֵיהֶם, וְטַפָּם (here it ...
8
votes
2answers
142 views
What is the significance of ובערת הרע מקרבך and ובערת הרע מישראל?
On seven occasions, Moshe tells the Bnei Yisrael to kill a sinner and “destroy the evil from your midst” - ובערת הרע מקרבך. These seven occasions are (all sources are in Devarim):
Executing a Navi ...
