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 ...
- 41.7k
9
votes
Accepted
Is one obligated to report a crime he witnessed?
The Gemara
This would seem to be rooted in a machlokes Tannaim, between R’ Elazar son of R’ Shimon and R’ Yehoshua ben Karchah.
As recorded in Bava Metzi’a 83b, R’ Elazar was appointed as a police ...
- 34.1k
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
...
- 47.8k
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
...
- 47.8k
5
votes
Could this passage have any relevance to artificial intelligence?
The Talmudic tractate called Bava Kamma, in many places, discusses the meaning of the various "damagers" mentioned in the Torah for various liabilities. The first page of Bava Kamma, explains that the ...
- 10.7k
4
votes
Where is the Halacha about a single available Cohen committing a crime?
It’s in the second Tosafos on Yevamos 7a:
שנאמר מעם מזבחי - ואפי' אם אין שם כהן אחר ראוי לעבודה שהעבודה נדחית וא"ת ודלמא התם לאו משום דרציחה דחיא עבודה אלא משום דגברא הוא דלא חזי כדאמרי' (ברכות ...
- 3,197
4
votes
Does the Torah ever mention jail as a punishment for a crime?
Source of incarceration in the Torah through Beis Din (Moshe Rabeinu)
Vayikra 24,12:
'ויניחהו במשמר לפרש להם על פי ה
And they put the person who cursed in prison inorder to learn from Hashem ...
- 11.4k
4
votes
Accepted
Why would a third witness ever testify?
The answer is: Because in the case of non-monetary issues it's a compulsory Mitzvah (and not voluntary) to give testimony.
As the Sefer HaChinuch (Mitzva 122) describes it:
מצות עדות - להגיד העדות ...
- 42.8k
4
votes
Accepted
Can one be compelled to testify?
The only way to be sure Lehalacha that a man is withholding testimony is if 2 Eidim (witnesses) were to witness that this person (or these 2 people) saw the occurrence, and they can only be sure he ...
- 11.4k
3
votes
Is there an idea of Beit Din unlawfully pardoning, as opposed to unlawfully killing?
The idea of letting off all death penalty defendants was broached in the Mishnah (Makkot 7a):
רבי טרפון ורבי עקיבא אומרים אילו היינו בסנהדרין לא נהרג אדם מעולם רשב״ג אומר אף הן מרבין שופכי דמים ...
- 49.1k
3
votes
Double jeopardy: can one be prosecuted twice for the same crime
I may be misunderstanding your definition of double jeopardy: it seems to mean the inability to try a person a second time of the same charges, not to use witnesses more than once.
If so, HaRav ...
- 2,087
3
votes
A fully documented Sanhedrin trial to understand the process?
While not an actual trial, the Mishnayoth in Sanhedrin starting at Chapter 3 describe precisely how various trials are run.
Starting with how to choose the judges for a small 3-man Bet Din to how the ...
- 42.8k
2
votes
Accepted
How can one know if he is chaiv keret?
Karet does not require witnesses or a warning. These are required for a punishment given by a human court, so that the human court knows that the sin was intentional. So for a penalty of lashes or the ...
- 3,036
2
votes
Does the Torah ever mention jail as a punishment for a crime?
The gemara in Moed Katan 16a learns about prison from a verse in Ezra and applies it to a person who does not obey the court orders
And from where do we derive that we may shackle his hands and feet,
...
- 47.8k
2
votes
Does the Torah ever mention jail as a punishment for a crime?
A prison is explicitly mentioned in Ber 39:
"וַיִּקַּח אֲדֹנֵי יוֹסֵף אֹתוֹ וַיִּתְּנֵהוּ אֶל־בֵּית הַסֹּהַר מְקוֹם אֲשֶׁר־אֲסִירֵי הַמֶּלֶךְ אֲסוּרִים וַיְהִי־שָׁם בְּבֵית הַסֹּהַר׃
So Joseph’s ...
- 25.7k
2
votes
Does the Torah ever mention jail as a punishment for a crime?
THe whole topic is discussed in length here: Incarceration as a Modality of Punishment
Let me recap in my [philosophical] words:
There are two "legal systems" in the Jewish Law: one that is ...
- 25.7k
2
votes
Does the Torah ever mention jail as a punishment for a crime?
There are different Proofs in the ת"נח for the fact that בית דיו isn't limited to the "חייב OR פוטר" in The חמישי חומשי תורה . )
Society can't function like that, (unless the best Majority of people ...
- 467
2
votes
Can Noahides work as criminal prosecutors?
In Leviticus 5:1 it states: “and he is a witness - either he saw, or he knew”
The Gemara (Shevuos 34a) learns from here, that there is a case where it is possible to rely on a witness who knows ...
- 3,197
1
vote
Can Noahides work as criminal prosecutors?
I've been wondering about a similar thing for a long time, can a jewish woman be a judge in secular courts since halachically women can't be judges for Noahides?
I don't see a heter, but I do see frum ...
- 344
1
vote
Can Noahides work as criminal prosecutors?
Based on the article you referenced I understand that Rabbi Kagnoff was answering your question.
Jews are bound by two legal systems: the Torah law and the secular law. The Torah law consists of the ...
- 2,181
1
vote
Definition of "witness" for purposes of Devarim 19:15
They have to see the actual offense. As the Rambam says,
אין בית דין עונשין באומד הדעת אלא על פי עדים בראיה ברורה. אפילו ראוהו העדים רודף אחר חבירו והתרו בו והעלימו עיניהם או שנכנסו אחריו לחורבה ...
- 2,201
1
vote
Are there any exceptions to the two-witness rule in Devarim 19:15?
One case in which a single witness is accepted is monetary cases. Let's say Reuven says to Shimon, "where is the money that I loaned you?", and he has one witness that the loan indeed ...
- 3,262
1
vote
Why do the sages care if the condemned continues to deny his guilt to the end?
What is the problem with the simple understanding of the Minshna?
The Minshna is saying that we must try to get people to do Teshuva.
Having the ability to say a statement which has the meaning that "...
- 7,466
1
vote
How many witnesses have to concur - two or three?
Rambam Hilchot Edut 5:3-4:
מַה שְּׁנַיִם נִמְצָא אֶחָד מֵהֶן קָרוֹב אוֹ פָּסוּל בָּטֵל הָעֵדוּת אַף שְׁלֹשָׁה וְהוּא הַדִּין לְמֵאָה. נִמְצָא אֶחָד מֵהֶן קָרוֹב אוֹ פָּסוּל בְּטֵלָה הָעֵדוּת בֵּין ...
- 41.7k
1
vote
Can one be compelled to testify?
While not a direct proof, there is perhaps some roundabout evidence from the Talmud in Pesachim 12b. The Talmud there had been discussing at length the possibility of witnesses mistaking the times ...
- 49.1k
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