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Questions tagged [capital-punishment]

Questions pertaining to capital-punishment according to Jewish law.

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21
votes
6answers
2k views

Am I liable to be stoned for my devotion to Hashem and the Jewish people?

I have spent over 2 years to this day praying for the Jewish people from the Koren Siddur and Machzorim. I have with my Rebbe's help tried to follow Jewish customs and laws, to my best ability. ...
30
votes
3answers
817 views

Is it a mitzva to escape the death penalty?

If someone is being led to his death by bes din (a Jewish court), is he supposed to try to escape, since, in general, saving one's own life is paramount? More: normally, we say that if someone is out ...
9
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2answers
469 views

History of Capital Punishment

When is the most recent documented occurrence in Jewish history of a beit din carrying out the death penalty? Or if historical documentation is lacking, when is the most recent time in Jewish history ...
24
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5answers
880 views

Is it a sin to escape the death penalty?

If someone is sentenced to death by a Jewish court and is being held prisoner until the sentence can be carried out, if he escapes, is that a sin for him?
1
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1answer
301 views

When did the practice of Exodus 35:2 stop?

Exodus 35:2 JPS ב שֵׁשֶׁת יָמִים, תֵּעָשֶׂה מְלָאכָה, וּבַיּוֹם הַשְּׁבִיעִי יִהְיֶה לָכֶם קֹדֶשׁ שַׁבַּת שַׁבָּתוֹן, לַיהוָה; כָּל-הָעֹשֶׂה בוֹ מְלָאכָה, יוּמָת.‏ Six days shall ...
7
votes
1answer
330 views

How should a modern non-Jew interpret commandments in the Torah that they perceive to command individual violence?

If a non-Jew is interested in Judaism, how should they approach commands in the Torah like Exodus 21:17, Exodus 31:14, Leviticus 20:13? Should these passages be seen not just as command not to do the ...
3
votes
1answer
234 views

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 ...
7
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1answer
75 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 ...
5
votes
2answers
524 views

The stoning of Achan's family

Deuteronomy 24:16 says “The fathers shall not be put to death for the children, neither shall the children be put to death for the fathers; every man shall be put to death for his own sin." Why then ...
5
votes
2answers
177 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 ...
5
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0answers
198 views

Did Pharaoh attempt to kill Moses during the plagues

Given that Moses was a wanted fugitive (Ex.2:15) and that he was destroying the land of egypt with the plagues, and a general nuisance to Pharaoh were there attempts to kill him by Pharaoh. (by for ...
5
votes
2answers
186 views

Yumatu and the plural in Dev 24

Devarim 24:16 makes a statement which is central to Jewish theology. The posuk makes clear that a father will not be put to death for the sins of his son and that a son will not be put to death for ...
3
votes
1answer
84 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, ...
6
votes
1answer
165 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 ...
11
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3answers
711 views

Why was an imperfect world instructed in capital punishment?

So, according to wikipedia (I know... but still it was the best source I could find) Leading rabbis in Reform Judaism, Conservative Judaism, and Orthodox Judaism tend to hold that the death penalty ...
5
votes
2answers
152 views

Arba Misos Beis Din- 1 Mitzvah or 4?

Tosfos on Makos 2a (Kol Hazomemin) brings a Tosefta which says that if you can't give someone their destined Arba Misos (meaning the one their Aveira warranted), you can give them a different one, ...
4
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2answers
241 views

Why did Moshe insist on killing the Midianite babies?

After the Midianites enticed the Israelites to fornicate and worship their false deity (Baal of Peor), Moshe launched a surprise attack and slaughtered all the adults, but the warriors left the ...
12
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1answer
245 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 ...
11
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2answers
1k views

Did Kozbi deserve to die?

In the end of Parshas Balak (Bamidbar 25:8), Pinchas kills an Israelite who was cohabiting with a Midianite woman in front of the Jewish people. I understand that the Israelite deserved to be killed ...
11
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1answer
552 views

How were men allowed to watch an execution?

It says in Maseches Sota (8a) that that if a woman would be punished by stoning, she would be stoned virtually unclothed, and men would be allowed to attend. The Gemara says that there is no concern ...
10
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2answers
196 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 ...
10
votes
1answer
159 views

When do other punishments other than death penalty, exempt one from a fine?

I'm not well-versed in the laws of various punishments and how they interact in the g'mara. I've seen places -- most recently Ketubot 45, today's daf -- where it says that somebody is punished with ...
9
votes
1answer
232 views

Is there still yibum if executed by beis din?

If a married man who is childless is executed by beis din, does his brother still have an obligation to perform yibum?
4
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3answers
154 views

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 ...
4
votes
1answer
114 views

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 ...
4
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3answers
251 views

Is it a mitzvah to save someone from execution by Beth Din?

I am wondering how the laws of pikuach nefesh might apply to a situation of mitath beth din. Would bystanders be obliged to save the condemned from his lawful execution? What about members of the beth ...
3
votes
2answers
265 views

How could they stone with esrogim without a court case?

The mishnah in Sukkah (48b) tells of a Tzadukki who, on Sukkot, performed a service in the temple incorrectly and all the people in the temple stoned him to death with their esrogim. I would like to ...
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 ...
1
vote
3answers
733 views

Should anyone be burned to death?

In Leviticus 20:14, it states that a man who has relations with a woman and also with her mother is a despicable lech, whose punishment is to be burned to death. This is one of two transgressions ...
9
votes
0answers
145 views

Looking for a particular idea from Reb Yonason Eibshitz

I recall reading a quote from Reb Yonason Eibshitz concerning a judge on a beis din of 23 faced with a strange situation. The defendant seems to the judge to be guilty of murder, but this judge is the ...
8
votes
2answers
212 views

Why was the man in Numbers 15 put to death?

Once, when the Israelites were in the wilderness, they came upon a man gathering wood on the Sabbath day. Those who found him as he was gathering wood brought him before Moses, Aaron, and the whole ...
7
votes
2answers
517 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 ...
6
votes
2answers
485 views

Laws regarding putting someone to death for violating the sabbath

Two witnesses go to the beit din and claim that so and so violated the sabbath on a biblical level. The witnesses claim they warned him in accordance with the rules and they did their part as ...
6
votes
1answer
235 views

Under what circumstances is a false virgin put to death?

Deut 22:13–21 says that if a man marries a virgin, is intimate with her, and then claims that she is not a virgin, and there is no evidence that she is a virgin, that she is stoned. That seems to be ...
5
votes
1answer
322 views

Where does the Talmud discuss the reason for Onan's death?

Genesis 38 says that instead of impregnating Tamar, Onan let his seed go to waste, and that this angered God, and therefore God killed Onan. I have a vague memory of reading somewhere in the Talmud ...
4
votes
1answer
104 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 ...
4
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0answers
100 views

Deadly force in self defense vs defense of others

In this answer Ephraim quoted the עץ חיים as quoting the רא"ם as saying that a נרדף - someone who is being pursued and could be killed - doesn't have to worry about using non-deadly force if it would ...
4
votes
2answers
652 views

What is the relation between transgressions punished with karet and those punished with death?

K'ritot 2a says there are 36 transgressions for which the punishment is karet and provides a list (including idol-worship, various sexual transgressions, eating chametz on Pesach, desecrating Shabbat, ...
4
votes
1answer
204 views

Is a speeding driver who causes damage exempt from paying due to his status as a Roidef?

On this forum they ask a very interesting question. What happens when a person who is driving a car is speeding, at a pace where a fatal accident could easily occur. He then crashes into another ...
3
votes
1answer
518 views

Victim of an Accidental Killing - Source

I recall learning (many years ago) that in a case of accidental killing that qualifies the "killer" to go to an Ir Miklat, the victim in the case was someone who deserved a death penalty but the human ...
2
votes
0answers
419 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 ...
2
votes
1answer
88 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 ...
2
votes
1answer
163 views

How can the prohibition against murder be reconciled with capital punishment in the Torah (mitath beth din)?

How can the prohibition on murder be reconciled with capital punishment in the Torah, i.e., mitath beth din? I understand that the death penalty was effectively abolished by the Sanhedrin in 30 CE. ...
2
votes
0answers
66 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 ...
1
vote
0answers
184 views

Turn yourself in for a capital offense?

This question assumes that one should accept his punishment after being convicted of a capital offense. Should one turn himself in to (Jewish) authorities after committing an offense for which he ...
1
vote
2answers
127 views

Ben Sorer U'Moreh and Embarrasment

Tosfos in the Gemarah Sota 10b writes that being מלבין את פני חבירו is a sin that one should rather give his life up for. Therefore, in the case of the Ben Sorer U'Moreh, why do we make such a big ...
1
vote
1answer
138 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 ...
1
vote
2answers
135 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 ...
1
vote
2answers
232 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 ...
0
votes
2answers
199 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?