New answers tagged capital-punishment
0
Based on Rashi ad. loc., there is a debate whether נפש תחת נפש, "life for life" in that verse is to be taken literally, and the assailant/murderer is liable for capital punishment, or if that phrase, too, is figurative, like the phrases in v. 24-25, and the defendant merely liable for monetary compensation. If the latter, the defendant pays the full (market)...
3
The Torah requires for misas Beis din (death penalty) we have to be 100% sure that the perpetrator knew what he was doing and that he didn't forget the warning/didn't know what he was doing was bad, hence one needs warning תוך כדי דיבור (within the time of a greeting to ones teacher) to warn the guy prior to his sin, see Kesubos 33a. Otherwise they'd kill ...
5
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 anguish.
-Damages: If he put out his eye, cut off his arm or broke his leg, the injured person is considered as if he were a slave being sold in
the market ...
4
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, כא) מכה אדם ומכה בהמה מה מכה בהמה לתשלומין אף מכה אדם לתשלומין
(My translation with help from steinzaltz): Why (does it say) “An eye for an eye”? The Torah ...
-3
Welcome to Judaism, I mean, welcome to the idea of opposite approaches. The contradiction you present stems from two different approaches to the idea of Jewish Justice or Judgement - should it come from G-d or from us.
The first approach you cited, is the mainstream following of G-d's law "על פי שנים עדים קיום דבר", i.g. unless a lengthy list of ...
0
Rashi on that Passuk (based on the abovementioned Gemara in Sanhedrin) writes that while the event with the blasphemer occurred chronologically at the same time as the one who collected wood on Shabbos, they were incarcerated in separate prisons since it was unclear what punishment the blasphemer would get, while it was known that the wood collector was ...
4
You are interpreting the Mishna incorrectly.
As the Bartenua already teaches us:
ואפילו היו מאה. כתות שהעידו זו אחר זו בעדות אחת וכת אחת הזימה את כולן, כולן יהרגו:
Even if there were a hundred. pairs that testified one after the other with one testimony and one pair zommemizes all of them, all of them are killed.
The Rambam learns the Mishna ...
Top 50 recent answers are included
