[Avodah] What would a Torah government look like

[Yitzhak Grossman]

On Fri, 25 Jan 2008 15:15:51 +0200
"Michael Makovi" <mikewinddale at gmail.com> wrote:

> > Lulei demistafina, I would say that midinei adam there is no chiyuv
> > misah for certain crimes, when there is no Sanhedrin. Part of the
> > point of hasroas eidim is that the person gives away his life. If
> > there is no Sanhedrin there is no true giving of permission to be
> > judged for death. It could be that even if Moshiach came tomorrow,
> > such people could not be given misah. However, that might not apply to
> > talmidei chachamim who don't require hasraah.
> 
> I've read in a few places that even after the churban, in Bavel and
> Spain and other places, we kept doing executions in exceptional cases,
> lest people brazenly sin, knowing that the law cannot do anything.

Dan Rabinowitz [0] recently pointed me to Simcha Assaf's "Ha'onshin
Aharei Hasimas Ha'talmud", an excellent collection of sources on the
topic of the title, including capital punishment.  Incidentally,
googling for it turns up a couple of Avodah volumes in the
first ten results [1].

> Mikha'el Makovi

[0] seforim.blogspot.com
[1] http://www.aishdas.org/avodah/vol04/v04n420.shtml
http://www.aishdas.org/avodah/vol04/v04n421.shtml

Yitzhak
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