Questions tagged [capital-punishment]
Questions pertaining to capital-punishment according to Jewish law.
156
questions
1
vote
1answer
93 views
What crime was committed by one who touched the mountain?
From what I have learned, different sins which are punished via the court system deserve different types of death penalties. In Parshat Yitro (19:12-13), the text indicates that one who touches the ...
4
votes
2answers
143 views
Why was the Sanhedrin so opposed to execution?
Why was the Sanhedrin opposed to using the death penalty most times?
2
votes
1answer
115 views
Why aren't all judicial powers stripped, why only capital punishment?
Why is capital punishment only adjudicated when the Temple is standing? If it is because the Sanhedrin needs to convene at the designated location described in Devarim 17:8, then wouldn't the rest of ...
3
votes
2answers
386 views
Judaism position on Mishmeret HaTzniut
What is the Judaism's position on establishing a Va'ad Mishmeret HaTzniut, a private organisation which enforces tzniut rules in a specific community/town. At times they may use intimidation or ...
3
votes
1answer
272 views
How can Rashi (Makkos 5a) suggest that a murderer could escape the death penalty by admitting liability?
In Maseches Makkos 5a , Rashi D.H. מאי טעמא דבעידנא דקא מסהדי maintains that
ואילו הוה אתי ומודה הוה מיפטר
that the accused who stands to be executed by Beis Din could have got
out of the punishment ...
1
vote
2answers
47 views
In Golden Calf tragedy, who was hit with Heavenly plague?
Th the aftermath of the Golden Calf there were two rounds of executions: the massacre of 3000 fellow Jews and the Heavenly plague:
"וַיַּעֲשׂוּ בְנֵי־לֵוִי כִּדְבַר מֹשֶׁה וַיִּפֹּל מִן־הָעָם ...
0
votes
1answer
74 views
How were the 3000 victims of the Golden Calf Massacre different from the rest?
In the Golden Calf massacre roughly 3000 people were killed:
"וַיַּעֲשׂוּ בְנֵי־לֵוִי כִּדְבַר מֹשֶׁה וַיִּפֹּל מִן־הָעָם בַּיּוֹם הַהוּא כִּשְׁלֹשֶׁת אַלְפֵי אִישׁ׃"
"The Levites did ...
-1
votes
1answer
67 views
How Golden Calf massacre can be reconciled with the Halachah
In Moses' words, God ordered a massacre in a very specific way: infidels should be executed with swords, and one should target his own relatives first:
".וַיֹּאמֶר לָהֶם כֹּה־אָמַר ה' אֱלֹהֵי ...
0
votes
2answers
133 views
Arguments for the abolishment of death penalty
I read that Judaism has stopped executing the death penalty foreseen in the Law.(1).
It seems that the Sanhedrin stopped executing the death penalty not out of a free decision but because it was ...
1
vote
1answer
82 views
Murder by infectious disease
If someone intentionally infects another with a potentially deadly disease from which the victim ultimately dies, assuming he was forewarned and it was witnessed by valid witnesses, would a Sanhedrin ...
1
vote
2answers
155 views
Why weren't Tzaddok and Baytos put to death?
Why weren't Tzaddok and Baytos, fathers of the Tz'ddokim and Baytosim, put to death as z'kenim mamrim?
1
vote
2answers
140 views
Delayed Judgement on Rosh Hashana
I heard that the judgement determined on Rosh Hashana does not start to get carried out until some date after the chagim, possibly in Marcheshvan or later. Is anyone familiar with this teaching and ...
-1
votes
2answers
102 views
Does God punish a sinner before the sin is committed?
Follow up to the question "By what standards does Judaism hold infants accountable for sin?". The issue raised was how could God hold infant Amalekites accountable for sins they did not ...
0
votes
2answers
83 views
How Could David Kill the Ger Amaleki Based on Halacha?
In Shmuel Bet, David Hamelech kills the Ger Haamaleki for killing Shaul.
However, the only reason he knew this was because of his own admission.
How does this relate to אין אדם משים עצמו רשע, the fact ...
3
votes
2answers
157 views
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 ...
4
votes
1answer
106 views
How did the altar indicate that the sons of Shaul were to be killed?
In Yerushalmi Sanhedrin 6:7 (also found in bYevamot 79a 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
votes
3answers
151 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
votes
0answers
79 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 ...
-1
votes
1answer
95 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
votes
2answers
331 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
votes
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
78 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
votes
0answers
59 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 ...
10
votes
2answers
220 views
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
votes
1answer
1k views
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
103 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
98 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, ...
1
vote
0answers
48 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 ...
0
votes
0answers
49 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 ...
2
votes
0answers
91 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 ...
10
votes
3answers
2k views
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
99 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
150 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 ...
2
votes
0answers
50 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 ...
3
votes
0answers
51 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 ...
2
votes
3answers
325 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
votes
1answer
121 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
93 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 ...
1
vote
1answer
155 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
votes
0answers
57 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
votes
3answers
187 views
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 ...
1
vote
0answers
45 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
votes
2answers
43 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 ...
1
vote
0answers
122 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
votes
2answers
172 views
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
votes
1answer
140 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 ...
7
votes
2answers
572 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 ...
4
votes
0answers
110 views
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
...
2
votes
2answers
229 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
votes
4answers
455 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 ...