Capital Punishment in Noahide law

From Wikinoah English
Revision as of 11:01, 31 January 2007 by Abrahamson (talk | contribs)

(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)
Jump to: navigation, search

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.[1]

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.[2]

Footnotes

  1. The Obligation of Jews to Seek Observance of Noahide Laws by Gentiles by Michael Broyde
  2. ibid