Skip to main content
21 votes
Accepted

(Why) May a Beit Din refuse to bury a body in order to coerce a man into giving a divorce?

In this particular case R. Lau was upholding the UOR’s ruling. The latter’s ruling (viewable here) was based on Rema (EH 154:21), citing earlier authorities, who permits to withhold any aid to a “...
Oliver's user avatar
  • 12k
14 votes
Accepted

Why does a small sanhedrin have 23 judges rather than 21?

My understanding of the Mishnah is as follows: The court must contain at least 20 members because the court must be able to simultaneously contain an "assembly" of convicters and an "...
Alex's user avatar
  • 49.6k
11 votes

"She may marry any Jewish man"

They meant "other than a Kohen, she can marry any Jewish man that a born-Jewess can marry"; her status as a convert poses no additional issues. (In fact, she can marry more men than a born-Jewess, as ...
Shalom's user avatar
  • 134k
11 votes
Accepted

Eidim Zomemim in a case of seeing a new moon

According to Rabbi Akiva Eiger, (Shu"t RA"E Mahadura Kama 176, cited here) they are not punished by the hand of man: וגם משום מלקות, נראה דלא לקו, דלא שייך בזה 'לא תענה ברעך' דהא לא העידו ...
Loewian's user avatar
  • 17.8k
11 votes
Accepted

Why is the talmud concerned about judges being swayed by each other only for capital cases?

Tosafot on Sanhedrin 36a s.v. dinei nefashot is bothered by your question as to why we're not concerned that junior judges can't argue on the senior judge in monetary cases. They suggest two possible ...
Joel K's user avatar
  • 43.8k
9 votes

Does the Torah ever mention jail as a punishment for a crime?

Rambam Hilchot Rotzeach 4:3: הַמַּכֶּה אֶת חֲבֵרוֹ בְּאֶבֶן אוֹ בְּאֶגְרוֹף וְכַיּוֹצֵא בָּהֶן אוֹמְדִין אוֹתוֹ. אִם אֲמָדוּהוּ לְחַיִּים נוֹתֵן חֲמִשָּׁה דְּבָרִים וְנִפְטָר. וַאֲפִלּוּ חָלָה ...
Joel K's user avatar
  • 43.8k
9 votes

Is one liable for murdering after being sentenced to death?

The Mishna in Sanhedrin 9:4 says that one can be obligated in a more severe death penalty for a second offence that occurred after being sentenced to a less severe death penalty for a different action....
Salmononius2's user avatar
  • 6,803
9 votes
Accepted

How should the 23rd judge vote?

As noted in this question, Ohr HaChaim to Shemot 23:2 writes that the 23rd judge must vote guilty, as he believes, even though that will result in the accused going free. He explains the reason ...
Joel K's user avatar
  • 43.8k
8 votes

Why do Jews use lawyers in beis din?

You happen to have a very good point,in fact the Shulchan Aruch CM 13:3 and the Sma 12 write that the dayanim should really only hear from the person himself and not from a toein. In this article ...
sam's user avatar
  • 42.2k
8 votes
Accepted

Could a Jewish court try and execute a non-Jew?

Rambam writes in Hilchot Melachim uMilchamoteihem 9:14 that non-Jews are commanded to establish courts to try those that transgress the seven Noachide commandments (which include murder). A non-Jew ...
Joel K's user avatar
  • 43.8k
8 votes
Accepted

Killing someone with Shem or kishuf(magic)

--Part 1: Aggadah/Kabbalah As explained in Who says Moshe sinned for killing the Egyptian and why, the Zohar (Raayah Meheimna, Parshas Mishpatim) explains that one who kills in this way is liable for ...
רבות מחשבות's user avatar
7 votes

Yeshiva University RIETS Semicha Yorei and Yadin

My personal experience in the program gives me the following perspective: Overall, it's an incredible program which empowers the Talmid with tons of time to learn and grow in his Torah and leadership ...
MDjava's user avatar
  • 2,230
7 votes
Accepted

Can halacha of Eidim Zomemim be applied in today's times? (ex: $ cases)

Yes. Shulchan Aruch, Choshen Mishpat 38:1 שנים שהעידו באחד שחייב לפלוני מנה ובאו שנים והכחישום או הזימום ה"ז פטור if the witnesses he needs to pay 100 ($) are zomemim, he needs not to pay. ...
kouty's user avatar
  • 22.8k
7 votes
Accepted

Is kiddushin which a man was coerced to do valid

In Bava Basra 48b (as well as numerous other places, see מסורת הש׳׳ס), the Gemara says "תליוה וקדיש קידושיו קידושין" - "if he 'hung' her [aka forced her] to accept Kiddushin, it is ...
moses's user avatar
  • 3,667
6 votes

Would a Jew be allowed to go to a Sharia court instead of a beis din under any circumstances?

In most countries, the Sharia court is not the same as a secular (government legal system court) and would probably have no more authority in a non-Muslim society than a bais din. In that case, one ...
sabbahillel's user avatar
  • 43.2k
6 votes
Accepted

Can you convert without a rabbi?

Most dinim of Gerut are in the fourth chapter of Yevamot. A convert needs three [talmide Chachamim, added following Berayta 47a and the correction of Rabbi Yochanan on the berayta in 47b] (46b) ש"...
kouty's user avatar
  • 22.8k
6 votes
Accepted

What are the requirements to be killed in Beis Din?

Chabad.org summarizes the requirements Judaism and Capital Punishment However, Jewish law mandates many caveats to actually securing an execution. First of all there have to be two witnesses to ...
sabbahillel's user avatar
  • 43.2k
6 votes
Accepted

Don't have to articulate hataras nedarim?

The barebone Halacha is in Yoreh De'ah 228 - סימן רכח - דיני התרת נדרים - where it says that all that the 3 people need to say is מֻתָּר לָךְ - preferably thrice. So I'm not sure what the others ...
Danny Schoemann's user avatar
6 votes

Can a beis din rule in a case where they're biased?

Shulchan Arukh CM 7:12 כל דבר שיש לדיין בו צד הנאה אינו יכול לדון עליו Any matter that the judge has some benefit from, he is not allowed to judge it.
Double AA's user avatar
  • 99.8k
6 votes

Examples of a functioning Sanhedrin in the Talmud

There are at least several specific functioning Sanhedrins mentioned in the Talmud: King David's Sanhedrin They at once took counsel with Ahithofel and consulted the Sanhedrin and questioned the ...
Alex's user avatar
  • 49.6k
6 votes

How should the 23rd judge vote?

Sanhedrin 17a (translation modified from Sefaria): אמר רב כהנא סנהדרי שראו כולן לחובה פוטרין אותו מ"ט כיון דגמירי הלנת דין למעבד ליה זכותא והני תו לא חזו ליה Rav Kahana says: In a Sanhedrin ...
b a's user avatar
  • 24.8k
5 votes

Is it a mitzva to escape the death penalty?

Regarding the first question, if the convicted should attempt to run, there are two cases - first if the convicted is guilty, and second if the convicted knows himself to be innocent. The Minchas ...
Y     e     z's user avatar
5 votes

Does the Torah ever mention jail as a punishment for a crime?

You ask if the Torah prescribes locking someone away as a punishment. The Talmud Yerushalmi (Moed Katan 3:1) explicitly mentions this in a discussion of those allowed to cut their hair on Hol Hamoed ...
mbloch's user avatar
  • 53.1k
5 votes
Accepted

Have there been instances where decisions in the Sanhedrin or Rabbinical decisions concerning Jewish practice have been reversed upon later review?

In Berachot 23a the Sanhedrin ruled that tefillin must not be brought in a bathroom. So people would leave them outside. But they frequently got stolen. So the Sanhedrin reversed its ruling.
Maurice Mizrahi's user avatar
5 votes
Accepted

Can a Judge Issue a Ruling After his Death?

The Mishna in Sanhedrin 5/4 writes (copied from Sefaria) אָמַר אֶחָד מִן הַתַּלְמִידִים יֶשׁ לִי לְלַמֵּד עָלָיו זְכוּת, מַעֲלִין אוֹתוֹ וּמוֹשִׁיבִין אוֹתוֹ בֵינֵיהֶן, וְלֹא הָיָה יוֹרֵד מִשָּׁם ...
פרי זהב's user avatar
5 votes

What is the penalty for raping (or seducing) an unmarried non virgin girl in "Halaca"?

Basically -- there's the added, special, 50-shekel penalty for the specific cases mentioned by the Torah, on top of standard torts. The 50 is not actually the "loss in value", that's separate. Rambam,...
Shalom's user avatar
  • 134k
5 votes

Legal status of one sentenced to death until execution?

Rambam, הלכות סנהדרין פרק י"ג: Once the verdict [of death] has been rendered, [the convicted] is executed without delay on the same day. There is very little time between the verdict and execution, ...
Sam Goldberg's user avatar
5 votes
Accepted

Why does a "hung jury" have to go through the motions of persuading someone to change his vote, instead of just acquitting?

The Gemara is Sanhedrin 34a explains that the rule that an acquitting judge cannot change his mind is limited to the time when the judges are still discussing the case. However, when they take their ...
Joel K's user avatar
  • 43.8k
5 votes

To what extent can a Beit Din actually force someone to get married?

R. Eliezer Melamed writes in Peninei Halakhah, Simhat HaBayit uVirkhato 5:8 (Hebrew) as follows: According to R. Yosef Karo, Beit Din can force a twenty year old man to get married either by beating ...
Joel K's user avatar
  • 43.8k
5 votes

Why does the Torah have to explain why judges shouldn't take bribes?

Rav Hirsch explains this in Mishpatim 23:8 You shall not accept a bribe, for a bribe will blind the clear sighted and corrupt words that are right. RASHI You shall not accept a bribe: Even [...
sabbahillel's user avatar
  • 43.2k

Only top scored, non community-wiki answers of a minimum length are eligible