Capital Punishment in Noahide law - Revision history

WikSysop at 07:25, 24 August 2008

2008-08-24T07:25:27Z

WikSysop: /* Rabbi Moshe Feinstein */

2007-05-02T11:27:30Z

‎Rabbi Moshe Feinstein

WikSysop: /* Rabbi J. David Bleich */

2007-05-02T11:21:29Z

‎Rabbi J. David Bleich

WikSysop: /* See Also */

2007-05-02T11:20:53Z

‎See Also

WikSysop at 10:58, 16 March 2007

2007-03-16T10:58:01Z

WikSysop at 13:42, 31 January 2007

2007-01-31T13:42:11Z

WikSysop at 13:34, 31 January 2007

2007-01-31T13:34:34Z

WikSysop at 13:30, 31 January 2007

2007-01-31T13:30:28Z

WikSysop at 11:01, 31 January 2007

2007-01-31T11:01:16Z

New page

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>

==Footnotes==
<references />

@@ Line 1: / Line 1: @@
-==Rabbi J. David Bleich==
+==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, "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>
+Rabbi Aharon 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 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>
+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 Moshe Feinstein==

@@ Line 1: / Line 1: @@
 ==Rabbi Moshe Feinstein==
 In 1981, the late Rabbi Moshe Feinstein addressed this question in
-Igrot Moshe, Choshen Mishpat, Vol. 2 ch. 68. He wrote that the Torah
+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
@@ Line 10: / Line 17: @@
 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 (Bava
+it is the Jewish belief that G-d will punish the offenders.<ref>Bava
-Metzia 83b). The purpose of inflicting capital punishment for these
+Metzia 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.
+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
@@ Line 72: / Line 79: @@
 The question of capital punishment under the Noahide code was
-discussed in the Talmud. See B. Talmud, Sanhedrin 57a-b. It was
+discussed in the Talmud.<ref>See B. Talmud, Sanhedrin 57a-b</ref> It was
-decided that all seven Noahide laws are capital crimes. (Maimonides,
+decided that all seven Noahide laws are capital crimes.<ref>Maimonides,
-Mishneh Torah, Judges, the Laws of Kings 9:14) Under Noahide law one
+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. (Maimonides, ibid, 9:14; Chinuch ch. 26)
+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 (Rabbi Z.H. Chayoth, Ma'aritz
+law based upon circumstantial evidence.<ref>Rabbi Z.H. Chayoth, Ma'aritz
-Chayot, Vol. 1 ch. 49). According to Maimonides, non-Jews are required
+Chayot, 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 (Maimonides, ibid, 9:14). It
+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
@@ Line 91: / Line 98: @@
 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 (Rabbi B. Ashkenazi's
+confession might suffice to convict a defendant.<ref>Rabbi B. Ashkenazi's
-commentary (Shita Mekubetzet) on Bava Metzia 83b-84a, citing Ritva)
+commentary (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
@@ Line 102: / Line 109: @@
 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. (Maimonides,
+execute criminals more easily than a Jewish court.<ref>Maimonides,
-Mishneh Torah, Kings, 3:10, 4:1-3; Drush ha-Ran, ch. 11). The
+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
@@ Line 109: / Line 116: @@
 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. (Rabbi M. Meterani, Kiryat Sefer, the Laws of Robbery and Lost
+law.<ref>Rabbi M. Meterani, Kiryat Sefer, the Laws of Robbery and Lost
-Objects Ch 5; Maimonides, Guide for the Perplexed, Vol. 3, ch. 40).
+Objects 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.
 ==See Also==
@@ Line 126: / Line 125: @@
 * [[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==
 <references />
 [[Category:Legal Rulings]]

← Older revision		Revision as of 11:21, 2 May 2007
Line 1:		Line 1:
		+
		+	==Rabbi Moshe Feinstein==
		+
		+	In 1981, the late Rabbi Moshe Feinstein addressed this question in
		+	Igrot Moshe, Choshen Mishpat, Vol. 2 ch. 68. He wrote that the Torah
		+	prescribes capital punishment for a number of grave offenses,
		+	including murder, certain types of kidnapping, adultery and idol
		+	worshiping. The transgressors in these cases, he explained, are
		+	capable of committing all kinds of atrocities and cruel acts for their
		+	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 (Bava
		+	Metzia 83b). 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.
		+
		+	Jewish law strongly emphasizes the significance and value of every
		+	soul, including those of offenders. For this reason only a
		+	twenty-three member court, a small Sanhedrin, is authorized to try
		+	capital crimes. Only prominent scholars, well-versed in the wisdom of
		+	the Torah as well as in other scholarly disciplines, and who possess
		+	excellent values, qualify for membership on this court. A candidate
		+	must be humble, G-d fearing, one who despises money, a lover of truth,
		+	beloved by people for his qualities of goodness and humility, and who
		+	is sociable, self-composed, compassionate and not the subject of any
		+	gossip. For this reason a childless person or a very old one, who has
		+	forgotten the pain of raising children, is not qualified for
		+	membership on the court, because this person might lack compassion and
		+	become unduly harsh with offenders. Furthermore, these righteous and
		+	excellent judges cannot try offenders of capital crimes in a court
		+	that consists of less than twenty three members. In addition, three
		+	rows of scholars (candidates for serving on the court) are seated in
		+	front of the court, watch the proceeding and alert the court to any
		+	error 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 two
		+	qualified witnesses who have no material interest in the case are
		+	required. Prosecution witnesses are disqualified if they are motivated
		+	by a desire to testify in order to escape punishment. The witnesses
		+	must be warned about the graveness of perjury in general and in
		+	connection with capital punishment in particular. Furthermore, the
		+	defendant must have been warned prior to committing the crime about
		+	its severity and must have acknowledged an awareness of it.
		+
		+	Because of all these requirements, execution of criminals in the
		+	Jewish community was rare, taking place only once in many years.
		+	Furthermore, capital crimes were tried only at the time of the Holy
		+	Temple, in which the Great Sanhedrin, consisting of seventy one
		+	members, was housed. Following the destruction of the Temple, capital
		+	crimes were not tried in Jewish courts even when they were granted
		+	jurisdiction by the state to try Jewish criminals according to Jewish
		+	law.
		+
		+	These rules, however, applied in normal times when murder was rare and
		+	committed as a result of unrestrained passion or during a dispute over
		+	property or because of injury to one's honor. In case one killed out
		+	of cruelty and indifference of the prohibition of murder, or when
		+	murder became widespread, the strict evidentiary and procedural rules
		+	in favor of defendants in criminal cases were relaxed, and criminals
		+	were convicted and executed. Note that the above deals with cases
		+	where Jews are governing Jews under Jewish law.
		+
		+	With respect to countries such as the United States, one must look at
		+	the imposition of capital punishment under Noahide law, which applies
		+	to non-Jewish people, or the power of a king or a state legislature to
		+	impose capital punishment, based upon the principle of dina
		+	de'malchuta dina, literally, "the law of the state is the law." The
		+	authorization for the imposition of capital punishment and the
		+	relevant evidentiary and procedural rules under Noahide law or the
		+	principle of dina de'malchuta dina are entirely different from those
		+	under Jewish law.
		+
		+	The question of capital punishment under the Noahide code was
		+	discussed in the Talmud. See B. Talmud, Sanhedrin 57a-b. It was
		+	decided that all seven Noahide laws are capital crimes. (Maimonides,
		+	Mishneh Torah, Judges, the Laws of Kings 9:14) Under Noahide law one
		+	may be executed based on the testimony of one witness or a confession,
		+	and without a prior warning. (Maimonides, ibid, 9:14; Chinuch ch. 26)
		+	According to one opinion, a criminal might be executed under Noahide
		+	law based upon circumstantial evidence (Rabbi Z.H. Chayoth, Ma'aritz
		+	Chayot, Vol. 1 ch. 49). According to Maimonides, non-Jews are required
		+	to establish a judicial system and apply the Noahide law, including
		+	the imposition of capital punishment (Maimonides, ibid, 9:14). It
		+	would appear, then, that American courts might be required under
		+	Noahide law to impose capital punishment for the violation of any one
		+	of 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 state
		+	under the principle of dina de'malchuta dina does not require the
		+	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 (Rabbi B. Ashkenazi's
		+	commentary (Shita Mekubetzet) on Bava Metzia 83b-84a, citing Ritva)
		+	Although the principle of dina de'malchuta dina was primarily intended
		+	to subject Jewish people to the authority of a non-Jewish state, it
		+	could a fortiori apply also to non-Jewish people. This is because the
		+	underlying theories of this principle, e.g., the people's implied
		+	consent to the state's authority, or the power of the state to expel
		+	disobedient inhabitants, applies to everyone. The restrictions in
		+	Jewish law on the execution of criminals, delineated by Rabbi
		+	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. (Maimonides,
		+	Mishneh Torah, Kings, 3:10, 4:1-3; Drush ha-Ran, ch. 11). The
		+	principles which guide a non-Jewish king regarding capital punishment
		+	are more readily compared to those which guide a Jewish king, rather
		+	than those which are applied by a Jewish tribunal. Furthermore, some
		+	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. (Rabbi M. Meterani, Kiryat Sefer, the Laws of Robbery and Lost
		+	Objects Ch 5; Maimonides, Guide for the Perplexed, Vol. 3, ch. 40).
		+	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==		==Rabbi J. David Bleich==

← Older revision		Revision as of 11:20, 2 May 2007
Line 9:		Line 9:

	==See Also==		==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);		* [[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);

← Older revision		Revision as of 10:58, 16 March 2007
Line 1:		Line 1:
		+
		+	==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.		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.

← Older revision		Revision as of 13:42, 31 January 2007
Line 10:		Line 10:
	==Footnotes==		==Footnotes==
	<references />		<references />
		+
		+
		+	[[Category:Legal Rulings]]

← Older revision		Revision as of 13:30, 31 January 2007
Line 1:		Line 1:
−	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.	+	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>		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>