Thursday 28 September 2017

Sanhedrin 74: More Limits on Applying the Death Penalty

There are a few major thoughts that are explored in today's daf.  Each of these demonstrates the rabbis discomfort with enacting a death penalty, even for the crimes explicitly described in the Torah as deserving of that consequence.

  • how to understand the punishment for an unintentional injury
    • striking a pregnant woman and killing the fetus
    • breaking the property of another person while being pursued/pursuing another
  • how to punish a person that has the appearance of worshipping idols
    • one's behaviour
    • one's dress - for example, being forced to wear a sandal associated with being a Gentile
  • a famous story of Rabbi Eliezer regarding Deuteronomy (6:5)
    • You shall love the Lord your G-d with all of your heart, all of your soul and all of your might": the "soul" suggests that one will be killed before allowing the desecration of G-d's name.  "Might" refers to the love for a person's body beyond his/her possessions.
    • One cannot kill another due to fear of being killed, for each person's blood is as red as another's
  • a public act requires ten people to be present
    • must all ten people be Jewish?
    • must the sin be directly related to idol worship?  What about Achashverosh having intercourse with Esther in public?  Acts inspired by personal pleasure are exempt.

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