==Rabbi J. David Bleich==

Concerning the Maimonides exclusive use of capital punishment for Noahide violations, most rabbinic authorities disagree and hold that it means "punishments up to and including capital punishment" and that a system of fines is meant to be set up, though Jewish law has no say in the severity of punishments.

Rabbi Aharon Soloveitchik, "On Noachides", Beis Yitzchak 19:335-338 (5747) and Rabbi J. David Bleich "Mishpas Maves..." writes that a person who violates the Noachide laws and thus poses a danger to others could be killed using the pursuer rationale; Indeed, even a Jew could be punished under that rationale. However, a violation of the purely theological components of the Noachide law cannot result in punishment according to this rationale.<ref>''[http://www.jlaw.com/Articles/noach2.html The Obligation of Jews to Seek Observance of Noahide Laws by Gentiles]'' by [[Michael Broyde]]</ref>

So too, it is likely that Jewish law recognizes as proper a Noachide law which provides a sanction for violations other than the death penalty. Noachide law is authorized even to execute. It is not, however, obligated to execute for all violations. See generally, Rabbi Aaron Soloveitchik and Rabbi Bleich cited above. See also Chelkas Yoav Tanyana 14. In particular this must flow logically from the opinion of the Ramban that dinim incorporates the obligation to create a system of financial law. That means a system of fines must be created for various infractions.<ref>ibid</ref>

==Rabbi Moshe Feinstein==

In 1981, the late Rabbi Moshe Feinstein addressed this question in

Igrot Moshe<ref>Igrot Moshe, Choshen Mishpat, Vol. 2 ch. 68</ref>. He wrote that the Torah

prescribes capital punishment for a number of grave offenses,

including murder, certain types of kidnapping, adultery and idol

own benefit. The punishment, however, was not to be inflicted because

of hatred for the offender or concern for the survival of society, for

it is the Jewish belief that G-d will punish the offenders (.<ref>BavaMetzia 83b). </ref> The purpose of inflicting capital punishment for these

offenses is to educate people about the severity of the offenses,

rather than to end the life of the offenders.<ref>Source: [http://www.faqs.org/faqs/judaism/FAQ/06-Jewish-Thought/section-22.html Question 12.21: What is the Jewish position on Capital Punishment?]</ref>

Jewish law strongly emphasizes the significance and value of every

The question of capital punishment under the Noahide code was

discussed in the Talmud. <ref>See B. Talmud, Sanhedrin 57a-b. </ref> It wasdecided that all seven Noahide laws are capital crimes. (<ref>Maimonides,Mishneh Torah, Judges, the Laws of Kings 9:14) </ref> Under Noahide law one

may be executed based on the testimony of one witness or a confession,

and without a prior warning. (<ref>Maimonides, ibid, 9:14; Chinuch ch. 26)</ref>

According to one opinion, a criminal might be executed under Noahide

law based upon circumstantial evidence (.<ref>Rabbi Z.H. Chayoth, Ma'aritzChayot, Vol. 1 ch. 49). </ref> According to Maimonides, non-Jews are required

to establish a judicial system and apply the Noahide law, including

the imposition of capital punishment (.<ref>Maimonides, ibid, 9:14). </ref> It

would appear, then, that American courts might be required under

Noahide law to impose capital punishment for the violation of any one

application of strict evidentiary and procedural rules as in Jewish

law. For instance, the testimony of one witness or the defendant's

confession might suffice to convict a defendant (.<ref>Rabbi B. Ashkenazi'scommentary (Shita Mekubetzet) on Bava Metzia 83b-84a, citing Ritva)</ref>

Although the principle of dina de'malchuta dina was primarily intended

to subject Jewish people to the authority of a non-Jewish state, it

Feinstein, are limited to trials conducted according to biblical law.

A Jewish king, however, is not subject to these restrictions and may

execute criminals more easily than a Jewish court. (<ref>Maimonides,Mishneh Torah, Kings, 3:10, 4:1-3; Drush ha-Ran, ch. 11). </ref> The

principles which guide a non-Jewish king regarding capital punishment

are more readily compared to those which guide a Jewish king, rather

scholars believe that the power of a non- Jewish king or government to

try criminals is based on the Jewish king's prerogatives under Jewish

law. (<ref>Rabbi M. Meterani, Kiryat Sefer, the Laws of Robbery and LostObjects Ch 5; Maimonides, Guide for the Perplexed, Vol. 3, ch. 40).</ref>

Consequently, a non-Jewish king is not subject to the restriction

applied to Jewish courts with regard to punishment of criminals.

~~==Rabbi J. David Bleich==~~

==See Also==

* [[J. David Bleich|Bleich, Rabbi J. David]]. "Mishpat Mavet Bedenai Benai Noach," Jubilee Volume in Honor of Rabbi Joseph D. Soloveitchik 1:193-208 (5754);

==~~Footnotes~~References==

[[Category:Legal Rulings]]

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