[Avodah] rape

[M Cohen]

On Sun, 14 Sep 2008 9:49am +0300 Rn "Ilana Sober Elzufon" repeated in the
name of R' Moshe Sober, "mainly based on Drashot haRan":
: > But setting punishments, and defining specific criteria for imposing
them,
: > is very dependent on the specific society. This is an area of law that
is
: > entrusted by the Torah to the melech and should be applied appropriately
in
: > each era.

On Sun, Sep 14, 2008 at 4:10pm EDT, R Yitzhak Grossman wrote:
: Note, though, that the Ran's theory is innovative, and not necessarily
: the consensus view.

I always thought that the Ran's theory was pashut, obvious, and necessary.

Obviously Jewish society/melech/rabbis must set up rules and legislation 
to handle the criminal cases that occur on a regular ongoing 
basis that do not have 2 witnesses and a warning, etc

theft, rape, murder, sexual assault, etc etc

ie what will be considered valid evidence, court rules, defense etc
for those cases that the society/melech/rabbis will 'send to the kipah'


where do you see that 'the Ran's theory is innovative, and not necessarily
the consensus view'
(the fact that other rishonim don't speak about it is not indicative that
they disagree with 
something so obvious and necessary)

Mordechai cohen