Questions tagged [capital-punishment]

Questions pertaining to capital-punishment according to Jewish law.

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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 ...
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2answers
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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 ("...
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1answer
118 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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(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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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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3answers
201 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 ...
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1answer
78 views

Why isn't a warning required to obligate a fine?

The Torah says that by capital punishment (Hilchos Issurei Bi'ah 1:2) and by lashes (Hilchos Sanhedrin 16:4) a person must be given proper hasra'ah (warning) before a punishment can be administered. ...
4
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1answer
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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 ...
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1answer
63 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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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 ...
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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 ...
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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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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 ...
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2answers
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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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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 ...
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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 ...
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1answer
63 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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How was the Mekoshesh given the death penalty if the punishment wasn't known yet?

How was the Mekoshesh given the death penalty if the punishment wasn't known yet, so he couldn't have been warned, being that the warning must contain the exact punishment for that act?
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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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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 ...
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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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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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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 ...
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1answer
100 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 ...
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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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Censuring a variant reading

In Lev 24 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? More than ...
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2answers
182 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?
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1answer
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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
133 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-...
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2answers
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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 ...
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1answer
139 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)
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1answer
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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 ...
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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 ...
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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 ...
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Murderous Yibum

What is the Halacha in the following case: Reuven and Shimon are brothers. Reuven marries Rachel and has no children (Rachel is not pregnant). Shimon decides that he wants to be married to Rachel, ...
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1answer
432 views

Sudden Menstruation and Sex

I am having trouble finding any treatment of this topic on the internet. A couple who has been having sex suddenly discovers that a blood flow has begun. Are they liable for kareth? Leviticus 15 ...
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3answers
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If a kohen participates in a stoning is he still allowed to bless the people?

The shulchan aruch codifies that a Kohen who kills someone may not bless the people. If, in the times when the Sanhedrin administered capital punishment, a Kohen saw a situation that warranted the ...
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3answers
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How to understand Hilchot Mamrim 3?

In Hilchot Mamrim 3a, it states: מי שאינו מאמין בתורה שבעל פה, אינו זקן ממרא האמור בתורה, אלא הרי הוא בכלל המינים, ומיתתו ביד כל אדם. [ב] מאחר שנתפרסם שהוא כופר בתורה שבעל פה--מורידין ולא מעלין, ...
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1answer
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Why did God sanction killing everything that breathes against the 7 nations?

Why did God sanction killing everything that breathes against the 7 nations? Why did God sanction such a thing? How is every single person of these nations to blame? Deuteronomy 20:16 "However, of ...
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370 views

How many Israelites were punished for the golden calf?

We know that 3,000 were killed by sword as punishment for the sin of the golden calf. But how many were killed by the plague, and how many by the water ordeal? (How many of these were B'nei Yisroel ...
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1answer
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Why does the Gemara go through each death penalty?

The Gemara Sanhedrin 50a writes the order of the death penalties. It starts with Stoning, proving that Stoning is more severe than any other form of death penalty. Then it moves to Burning, proving ...
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1answer
129 views

Are we still obligated to do capital punishment for Karet? [duplicate]

According to Halacha and the Torah, are we still obligated to do capital punishment like stoning people for sins like breaking Shabbat? Is this rule kind of swept under the rug or is there a reason ...
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1answer
73 views

Theoretically, in a perfect environment, what would happen if a king would commit a capital crime?

The Mishna (according to the Gemara) says that kings of the house of Yehuda (basically, the good kings) and all kings before King Yannai would be judged, and the Radvaz writes that (in theory), a king ...
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54 views

Sanhedrin 6:6 - Halacha or common practice?

The Mishna in Sanhedrin 6:6 speaks about after a Sanhedrin kills a someone who is liable the death penalty: והקרובים באים ושואלין בשלום הדיינים. ובשלום העדים. כלומר שאין בלבנו עליכם כלום. שדין אמת ...
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2answers
195 views

Is a non-Jew executed in Beit Din hung? Is his body Promptly Removed?

Do the laws in Devarim 21:22-23 referring to the commandment to hang as well as the prohibition of leaving the body apply to a gentile who is executed by Beit Din in Eretz Yisroel? 22 And if a man ...
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1answer
91 views

Assisted suicide and Sabbath desecration

Someone with a chronic illness wants his Orthodox caretaker to remove him from life support. The sick man invites a pair of witnesses and a bet din of 23 into his hospital room where the witnesses ...
4
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1answer
139 views

Pinchas-style act nowadays

Is there any situation whereby a Pinchas-style execution would be justified nowadays? I am particularly interested in whether a 'zealous act' against a public sexually problematic sin is possible in ...
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0answers
65 views

How do modern Jews observe commands that talk about putting people to death? [duplicate]

Leviticus 20:10 talks about putting adulterous peoples to death. Deuteronomy 21:18-21 talks about putting a rebellious son to death: ... his father and mother shall take hold of him and bring ...
4
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2answers
375 views

Does teshuva remove punishment?

In Bamidbar 15, the text speaks of someone who commits an intentional sin (mentioning idolatry and blasphemy) and says that kareit is the punishment (if there was no warning) etc. Then the story of ...
6
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1answer
136 views

Death penalty for non-Jews

Murder in the Torah is punished by the death penalty, but with many conditions. Were the rules of death penalty the same for Jews and non-Jews living in the holy land? What were the differences? ...