[Avodah] onshin shelo min hadin

[Eli Turkel]

In our ongoing discussion on the possibility of a modern
(nonmessianic) halachic state
one person had mentioned the halacha that we can punish people against halacha
to prevent unlawful behavior.

I recently saw the Ran on Sanhedrin 91 in the din of kipa that he says
explicitly
that this is only a
n emergency rule  but one cannot make a permanent rule since even a prophet
cannot introduce new regulations. Therefore the Ran concludes that kipa
must be a halacha to Moshe from Sinai. Note the Rivash disagrees and claims
that kipa is one of the prerogatives of bet din though presumable he limits
also to emergency measures.

-- 
Eli Turkel