Skip to main content
13 votes

Why were Er and Onan punished if they were under 20?

This exact question was asked by the Tosafist R. Yehuda Ben Elazar in his commentary to Genesis 38:10: וא"ת למה נענשו ער ואונן והלא לא היו אלא בני ח' שנה כדאי' בסדר עולם ואמרי' בית דין של מעלה ...
Alex's user avatar
  • 49.6k
12 votes

What stops a modern Jew from practising stoning?

The death penalty is not carried out nowadays due to the fact that we no longer have a standing Temple nor do we have an actual Sanhedrin with semikhah. (Semikhah is an unbroken chain of Rabbinic ...
ezra's user avatar
  • 18.8k
10 votes

How was the Mekoshesh given the death penalty if the punishment wasn't known yet?

This is addressed by Sanhedrin 80b. It’s a dispute to begin with whether the particular form of death needs to be specified in the warning: תניא ושאר חייבי מיתות שבתורה אין ממיתין אותן אלא בעדה ...
DonielF's user avatar
  • 34.4k
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

Sudden Menstruation and Sex

Accidental violation of the prohibition of Niddah warrants a Korban Chattat like most Karet prohibitions (Kereitot 1:1-2). The same applies if after intercourse blood is discovered to have been ...
Double AA's user avatar
  • 99.8k
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

A rebellious elder is executed on the festival? How does that work?

Artscroll answers your questions in their notes to this Mishna In general, once someone has been sentenced to death, the court must execute him on the same day to spare him the emotional agony of ...
mbloch's user avatar
  • 53.1k
8 votes

Is a married rape victim to be put to death according to Deuteronomy 22:22?

(Usual disclosure -- Jews do not carry out the death penalty today!) Goodness no. That was talking about if she cheated of her own free will. Read it in context of the next few verses. (Please use a ...
Shalom's user avatar
  • 134k
7 votes

Does teshuva remove punishment?

There is a disagreement between the Rambam and the Raavad regarding the Ir Hanidachas - wayward city, whether it is possible to remove the punishment if the town did indeed repent. The Rambam (עבודת ...
Shoel U'Meishiv's user avatar
7 votes

Are we still obligated to do capital punishment for Karet?

Excellent question. The answer to your question can be found in Sanhedrin 41a ארבעים שנה קודם חורבן הבית גלתה סנהדרי וישבה לה בחנות ואמר רבי יצחק בר אבודימי לומר שלא דנו דיני קנסות דיני קנסות ...
Bach's user avatar
  • 2,773
7 votes

Capital punishment in Persia

According to Tosafos in Eiruvin 48, Haman and his sons were hung without their heads: והא דכתיב בתרגום מגילת אסתר פרשנדתא איצטליב על תלת אמין וכן כולם Implied question: It says in the Targum of ...
user6591's user avatar
  • 33.8k
6 votes

Why does the Gemara go through each death penalty?

Ever play scissor paper rock...? Sometimes if A is greater than B and B is greater than C then certainly A is greater than C. This is true if we compare something like mathematical amounts (like ...
David Kenner's user avatar
  • 10.8k
6 votes

Pinchas-style act nowadays

The mishna says הבועל ארמית קנאין פוגעין בו. This is a limited law for only one specific case of a sexual sin. The gemara limits further and says that one can only kill the perpetrators in the case ...
ykay says Reinstate Monica's user avatar
6 votes
Accepted

Yom Kippur more lenient than Shabbos?

The Gemara in Megila 22b inform us: נקוט האי כללא בידך כל דטפי ליה מילתא מחבריה טפי ליה גברא יתירא הלכך בר''ח ומועד דאיכא קרבן מוסף קורין ארבעה ביו''ט דאסור בעשיית מלאכה חמשה ביוה''כ דענוש כרת ששה ...
Danny Schoemann's user avatar
6 votes
Accepted

If somebody is over 60 and does an aveirah for which the punishment is misah biyedei shamayim, what happens?

We see from the following Gemora, that between 60 and 80 if someone dies suddenly - [without being sick for three days - תוספות שבת כה. ד"ה וכרת], it is somewhat of a Kares. Moed Katan 28a: רב ...
פרי זהב's user avatar
6 votes

How was the Mekalel given the death penalty if the punishment wasn’t known?

The Chasam Sofer Kovetz Teshuvos 85 says that even though they did not know whether the Mekalel (blasphemer) was Chayav Misa(liable to death) or not, they still warned him that transgressing could ...
user15464's user avatar
  • 11.5k
6 votes

Does an eye for an eye mean monetary compensation?

Even before the Gemara, the Mishna on Bava Kamma 83b makes it clear : One who injures another becomes liable for five things: damages, pain, medical expenses, incapacitation, and mental ...
Maurice Mizrahi's user avatar
6 votes

Source for the requirement for an action to be within "toch k'dei dibbur" of a warning for Capital Punishment

In Kesubos 33a Rava says that warning has to be done toch kedei dibbur (within several seconds) so that we know the perpetrator did not forget the warning and act erroneously: אמר רבא תדע ניתרי בהו ...
user15464's user avatar
  • 11.5k
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
6 votes

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

The king (and the court at times) had special license to kill murderers who were not liable to execution by the court. See Rambam's Mishne Torah Rotzeach uShmirat Nefesh 2:4-5 (and 2:2 for the cases ...
mbloch's user avatar
  • 53.1k
6 votes
Accepted

Why is this person deserving of death?

Tosfos, Berachos 6b (ד"ה אחורי בית הכנסת) says that מיחזי כשתי רשויות Meaning the guy's making it look like there are two gods of equal power. Avodah Zara is a capital crime, so it seems to fit....
Adam's user avatar
  • 176
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

If a kohen participates in a stoning is he still allowed to bless the people?

R. Ephraim Bilitzer (Yad Ephraim no. 5), in addressing the question how could Phineas perform the priestly service after killing Zimri & Kosbi, admits as obvious that only a kohen who was not ...
Oliver's user avatar
  • 12.1k
5 votes
Accepted

How was the Mekoshesh given the death penalty if the punishment wasn't known yet?

Rashi and Rav Hirsch explain that Hashem had already commanded that he was subject to the death penalty, but they did not yet know the precise manner of the punishment. Shlach Lecha 15:34 They put ...
sabbahillel's user avatar
  • 43.2k
5 votes

Does an eye for an eye mean monetary compensation?

The Gemara on Bava Kama 83b: אמאי (שמות כא, כד) עין תחת עין אמר רחמנא אימא עין ממש לא סלקא דעתך דתניא יכול סימא את עינו מסמא את עינו קטע את ידו מקטע את ידו שיבר את רגלו משבר את רגלו ת"ל (ויקרא כד, ...
Lo ani's user avatar
  • 4,586
5 votes

Why were Er and Onan punished if they were under 20?

In Kallah Rabasi 4:6 it mentions the fact that Er and Onan were punished by heavenly court, followed by the fact that children can reach lofty levels. The Nachlas Yaakov, a commentary printed on the ...
פרי זהב's user avatar
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

How Could David Kill the Ger Amaleki Based on Halacha?

This exact question is asked by Malbim. איך הרגו על פי הודאת עצמו ואין עדים והתראה He provides three possible answers: The fellow was not Jewish and just as other judicial conditions do not apply ...
Alex's user avatar
  • 49.6k
5 votes
Accepted

How can Rashi (Makkos 5a) suggest that a murderer could escape the death penalty by admitting liability?

Many Achronim offer an answer for Rashi. The Pnei Yehoshua gives an answer based on a sugya in Bava Kama in regards to a מודה בקנס I will attempt to try and summarize his answer here. Rashi agrees ...
Chatzkel's user avatar
  • 13.1k

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