[Avodah] extra legal pinishment

[Eli Turkel]

See Sanhedrin 46a "shomati shebeis-din makin ve'onshin shelo min haTorah ...
and see also Rmb"m Hilchos Sanhedrin 24:4-10 based on this gemara.
This seems to be the source for extra-legal (extra-halachic) powers of
beis-din. So I guess that if the times required it, and five women
testified that someone is a danger to society, beis-din could do what
they deemed necessary (not to set a precedent, but only as a horoas
shoa, as the Rmb"m states in halocha 4).>>

The Rosh notes with astonishment that in Spain that occasionally
imposed the death penalty.
Since no one had real semichah this was clearly extra-legal. I don't
think he mentions it
but I assume that once they were extra-legal they could use female witnesses


-- 
Eli Turkel