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Questions tagged [capital-punishment]

Questions pertaining to capital-punishment according to Jewish law.

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Source for אין מזהירין מן הדין

The Gemara has a rule, אין מזהירין ואין עונשין מן הדין - we do not warn (source a negative commandment) or punish (source for the punishment of a negative commandment) from the logic of a קל וחומר. ...
moses's user avatar
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2 votes
1 answer
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Was Yehonatan a mored b'malchut?

In Shmuel 19:1 Shaul, the king, clearly gives instructions to kill David, which he reinforces even after swearing not to kill David (v.6) by sending soldiers to kill David and even going himself to do ...
rikitikitembo's user avatar
1 vote
2 answers
236 views

Can/should anyone kill a mored b'malchut?

If someone is found to have rebelled against the king (mored b'malchut), by say directly disobeying a king's order, does the rebel need to have the crime adjudicated in court or can (should?) anyone ...
rikitikitembo's user avatar
0 votes
1 answer
167 views

Was a "rebellious son" ever executed?

The Torah tells us that a rebellious son (בֵּ֚ן סוֹרֵ֣ר וּמוֹרֶ֔ה) must be put to death. [Deuteronomy 21:18-21] The Talmud [Sanhedrin 71a] says: "This never happened and never will." But ...
Maurice Mizrahi's user avatar
4 votes
5 answers
308 views

Let's Kill Hitler

There is a popular moral question - if you had access to a time machine that was capable of allowing you to do so, should you go back in time and kill Hitler when he was a child, before he had a ...
Moses Supposes's user avatar
0 votes
0 answers
126 views

Punishments for certain ervahs

This table below is from a chumash from the parsha Acharei. It is shown that a union with a sister is punished by lashes, if it was intentional plus witnessed plus a warning. I think the punishment ...
Mars Sojourner's user avatar
1 vote
1 answer
415 views

What was the minimum age to receive the death penalty?

When it was a possibility, what was the minimum age to receive the death penalty? Was it 13?
Renan Suchmacher's user avatar
2 votes
1 answer
195 views

How does halacha deal with idolatrous parents?

Query coming from some of the answers to this question: How should one prioritize honoring parents in comparison with other laws? 'Rabbi Eliezer was asked: “How far does the honor of parents [extend]”?...
ANH's user avatar
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1 vote
1 answer
139 views

Caret for an intentional Sin punishable by Death when there are no witnesses

We know that Sins punishable by death are punished when there are witnesses and warning. We also know that when there are no witnesses, but the sin is made intentionally, the punishment is Caret (1). ...
kouty's user avatar
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1 vote
1 answer
174 views

How do you punish a murderer without witnesses?

Imagine such a case: A woman walks into a girls bathroom with a machine gun, killing someone. Note: This is not the only case where we cannot punish the criminal. This would apply, in my opinion, to ...
fartgeek's user avatar
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-6 votes
2 answers
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Why does a Kutit child who had sexual relationship with a Jew deserve death? [closed]

I found this link online but found nothing else similar to it anywhere else. I attempted to ask a rabbi who outright refused to read the link and explain it so I’m even more confused. Rambam, the Laws ...
jewishboy's user avatar
3 votes
2 answers
1k views

Why is this person deserving of death?

הַהוּא גַבְרָא דְּקָא מְצַלֵּי אֲחוֹרֵי בֵּי כְּנִישְׁתָּא, וְלָא מַהְדַּר אַפֵּיהּ לְבֵי כְּנִישְׁתָּא. חֲלַף אֵלִיָּהוּ. חַזְיֵיהּ, אִידְּמִי לֵיהּ כְּטַיָּיעָא, אֲמַר לֵיהּ: כְּדוּ בָר קָיְימַתְּ ...
Dude's user avatar
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1 vote
1 answer
568 views

Was the King suppose to expose the death penalty when the court could not?

As the rules of the court were so strict, was the King suppose to execute justice? In modern times there are cases where say a mob boss orders multiple murders and there are no witnesses. I assume the ...
Raul Valdez Jr.'s user avatar
4 votes
2 answers
171 views

The weird example of a woman seizing a man him by his genitals

"If two men get into a fight with each other, and the wife of one comes up to save her husband from his antagonist and puts out her hand and seizes him by his genitals, you shall cut off her hand;...
Al Berko's user avatar
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1 vote
1 answer
173 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 ...
rosends's user avatar
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4 votes
2 answers
197 views

Why was the Sanhedrin so opposed to execution?

Why was the Sanhedrin opposed to using the death penalty most times?
Raul Valdez Jr.'s user avatar
2 votes
1 answer
129 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 ...
GGG's user avatar
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3 votes
2 answers
413 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 ...
Moz's user avatar
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3 votes
1 answer
307 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 ...
Avrohom Yitzchok's user avatar
1 vote
2 answers
128 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 ...
Al Berko's user avatar
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0 votes
2 answers
1k 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 ...
Al Berko's user avatar
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-1 votes
1 answer
77 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 ...
Al Berko's user avatar
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0 votes
2 answers
179 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 ...
Jeschu's user avatar
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1 vote
1 answer
102 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 ...
Loewian's user avatar
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1 vote
2 answers
224 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?
Harel13's user avatar
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1 vote
2 answers
192 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 ...
Ari's user avatar
  • 395
-1 votes
2 answers
121 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 ...
RandomUser's user avatar
0 votes
2 answers
119 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 ...
talmidforlife's user avatar
3 votes
2 answers
201 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 ...
rikitikitembo's user avatar
4 votes
1 answer
182 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 ...
rikitikitembo's user avatar
3 votes
3 answers
174 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 ...
Clint Eastwood's user avatar
3 votes
0 answers
90 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 ...
Maurice Mizrahi's user avatar
-1 votes
1 answer
132 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 ...
Maurice Mizrahi's user avatar
4 votes
2 answers
363 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?
barlop's user avatar
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6 votes
2 answers
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 ...
Maurice Mizrahi's user avatar
3 votes
1 answer
119 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 ...
user9806's user avatar
  • 2,256
2 votes
0 answers
78 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 ...
rikitikitembo's user avatar
10 votes
2 answers
260 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 ...
user9806's user avatar
  • 2,256
5 votes
1 answer
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. ...
Monica Cellio's user avatar
2 votes
1 answer
116 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 ...
Al Berko's user avatar
  • 26k
3 votes
1 answer
101 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, ...
Al Berko's user avatar
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1 vote
0 answers
49 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 ...
Al Berko's user avatar
  • 26k
0 votes
0 answers
58 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 ...
rosends's user avatar
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2 votes
0 answers
159 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 ...
rosends's user avatar
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10 votes
3 answers
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 ...
Dan Weisberg's user avatar
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5 votes
2 answers
134 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 (&...
alicht's user avatar
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6 votes
1 answer
204 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 ...
hazoriz's user avatar
  • 7,526
2 votes
0 answers
58 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 ...
rikitikitembo's user avatar
4 votes
0 answers
59 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 ...
DonielF's user avatar
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2 votes
3 answers
391 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 ...
user4951's user avatar
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