==Rabbi J. David Blech and Rabbi Ahron Soloveichik==

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~~Soloveichik, "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 Soloveichik and Rabbi Bleich cited above. ==Rabbi Yoav Yehoshua, Chelkat Yoav Tanyana==

~~So too~~Rabbi Yoav Yehoshua's, ''Chelkat Yoav Tanyana'' 14 (c 1880), holds that 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 Nachmanides that dinim incorporates the obligation to create a system of financial law. 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 inIgrot Moshe<ref>Igrot Moshe, Choshen Mishpat, Vol. 2 ch. 68</ref>. He wrote that the Torahprescribes capital punishment for a number of grave offenses,including murder, certain types of kidnapping, adultery and idolworshiping. The transgressors in these cases, he explained, arecapable of committing all kinds of atrocities and cruel acts for theirown benefit. The punishment, however, was not to be inflicted becauseof hatred for the offender or concern for the survival of society, forit is the Jewish belief that G-d will punish the offenders.<ref>BavaMetzia 83b</ref> The purpose of inflicting capital punishment for theseoffenses 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 everysoul, including those of offenders. For this reason only atwenty-three member court, a small Sanhedrin, is authorized to trycapital crimes. Only prominent scholars, well-versed in the wisdom ofthe Torah as well as in other scholarly disciplines, and who possessexcellent values, qualify for membership on this court. A candidatemust be humble, G-d fearing, one who despises money, a lover of truth,beloved by people for his qualities of goodness and humility, and whois sociable, self-composed, compassionate and not the subject of anygossip. For this reason a childless person or a very old one, who hasforgotten the pain of raising children, is not qualified formembership on the court, because this person might lack compassion andbecome unduly harsh with offenders. Furthermore, these righteous andexcellent judges cannot try offenders of capital crimes in a courtthat consists of less than twenty three members. In addition, threerows of scholars (candidates for serving on the court) are seated infront of the court, watch the proceeding and alert the court to anyerror which might lead to an unlawful conviction. These scholars,however, cannot intervene when the error favors the defendant.Circumstantial evidence is inadmissible; to convict the defendant twoqualified witnesses who have no material interest in the case arerequired. Prosecution witnesses are disqualified if they are motivatedby a desire to testify in order to escape punishment. The witnessesmust be warned about the graveness of perjury in general and inconnection with capital punishment in particular. Furthermore, thedefendant must have been warned prior to committing the crime aboutits severity and must have acknowledged an awareness of it. Because of all these requirements, execution of criminals in theJewish community was rare, taking place only once in many years.Furthermore, capital crimes were tried only at the time of the HolyTemple, in which the Great Sanhedrin, consisting of seventy onemembers, was housed. Following the destruction of the Temple, capitalcrimes were not tried in Jewish courts even when they were grantedjurisdiction by the state to try Jewish criminals according to Jewishlaw. These rules, however, applied in normal times when murder was rare andcommitted as a result of unrestrained passion or during a dispute overproperty or because of injury to one's honor. In case one killed outof cruelty and indifference of the prohibition of murder, or whenmurder became widespread, the strict evidentiary and procedural rulesin favor of defendants in criminal cases were relaxed, and criminalswere convicted and executed. Note that the above deals with caseswhere Jews are governing Jews under Jewish law. With respect to countries such as the United States, one must look atthe imposition of capital punishment under Noahide law, which appliesto non-Jewish people, or the power of a king or a state legislature toimpose capital punishment, based upon the principle of dinade'malchuta dina, literally, "the law of the state is the law." Theauthorization for the imposition of capital punishment and therelevant evidentiary and procedural rules under Noahide law or theprinciple of dina de'malchuta dina are entirely different from thoseunder Jewish law. The question of capital punishment under the Noahide code wasdiscussed 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 onemay 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 Noahidelaw based upon circumstantial evidence.<ref>Rabbi Z.H. Chayoth, Ma'aritzChayot, Vol. 1 ch. 49</ref> According to Maimonides, non-Jews are requiredto establish a judicial system and apply the Noahide law, includingthe imposition of capital punishment.<ref>Maimonides, ibid, 9:14</ref> Itwould appear, then, that American courts might be required underNoahide law to impose capital punishment for the violation of any oneof the seven Noahide laws based upon one-witness testimony,circumstantial evidence or a defendant's confession. Similarly, the imposition of capital punishment by a non-Jewish stateunder the principle of dina de'malchuta dina does not require theapplication of strict evidentiary and procedural rules as in Jewishlaw. For instance, the testimony of one witness or the defendant'sconfession 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 intendedto subject Jewish people to the authority of a non-Jewish state, itcould a fortiori apply also to non-Jewish people. This is because theunderlying theories of this principle, e.g., the people's impliedconsent to the state's authority, or the power of the state to expeldisobedient inhabitants, applies to everyone. The restrictions inJewish law on the execution of criminals, delineated by RabbiFeinstein, are limited to trials conducted according to biblical law.A Jewish king, however, is not subject to these restrictions and mayexecute criminals more easily than a Jewish court.<ref>Maimonides,Mishneh Torah, Kings, 3:10, 4:1-3; Drush ha-Ran, ch. 11</ref> Theprinciples which guide a non-Jewish king regarding capital punishmentare more readily compared to those which guide a Jewish king, ratherthan those which are applied by a Jewish tribunal. Furthermore, somescholars believe that the power of a non- Jewish king or government totry criminals is based on the Jewish king's prerogatives under Jewishlaw.<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 restrictionapplied to Jewish courts with regard to punishment of criminals.

==See Also==

* [[Capital Punishment in Jewish Law]]

* [[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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