Questions tagged [hasraah-warning]

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10
votes
2answers
197 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
2answers
78 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
88 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. ...
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 ...
3
votes
3answers
176 views

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, ...