[Avodah] Chillul HaShem & Goyim

[Daniel Eidensohn]

*I just posted the Hebrew text of this on my blog 
<http://daattorah.blogspot.com/2009/11/chillul-hashemfailure-to-punish-that.html>. 
Thought it would be of interest on Avodah
*

*Rosh^ (17:8): [Translation Prof. Aaron Schreiber]Q*uestion: Let it be 
known to our teacher, may he be well, that here in Cordova a very 
serious incident took place. The ears of all those who hear of it become 
"singed." A certain debased person was detained on charges by Gentiles. 
He settled with them by paying money. Some of his acquaintances later 
went to console him. He went out [to welcome them] and stood at the.' 
Entrance of his yard. They calmed him in this matter, one of them 
saying, "Blessed is he who frees the imprisoned." Nevertheless, he, 
turning upward, [to heaven], blasphemed and reviled his King and God . . 
.. About ten of the community notables, men of action, with this 
honorable [man] Rabbi Judah, and local sages, with the city elders 
[decided] to do away with him. Learning of this, relatives of the guilty 
person went with bribes, it seems, to the great royal dignitary, Don 
Juan Manuel whom we received in our area as the procurator for his 
majesty, the king . . .. This lord agreed that the guilty one should 
remain in his prison until the Responsum of my teacher will arrive 
instructing [us] what to do . . .. Response: May the delightful pious 
and charming notables accept [the blessing of] abundant peace! Your 
asking me concerning capital cases is rather strange. In all of the 
lands that I have heard of they do not try capital cases except in this 
land of Spain. When I came  here I was very astonished. How were they 
able to try capital cases without the Sanhedrin? They replied that it is 
by royal authority. The assembly [of judges] also judges in order to 
save [lives], since greater amounts of blood would have been spilled if 
they were tried by the gentiles. I permitted them to continue with their 
practice. However, I never agreed with them on any loss of life. 
Nevertheless, I see that all of you are of the opinion to remove this 
evil from your midst. He certainly did desecrate the name of heaven in 
public and it was already heard by the Gentiles, who view with 
seriousness anyone who speaks against their religion and beliefs. The 
desecration would be increased if no act of vengeance would be taken 
against him. We do find that in order to sanctify the name of God they 
raised their hands against princes on behalf of proselytes [see 2 Sam. 
21: 8-9] and let their [the princes'] corpses hang overnight. [We also 
find] that in order to check lawlessness they stoned to death a person 
who had ridden a horse on the Sabbath [see Talmud, Yebamot 90b]. It is 
also proper that God's name should be sanctified by the loss of this 
wicked person, and so as you see fit. If I were present at your 
contemplations, my opinion would be to cut off the major portion of his 
tongue necessary for speech thereby silencing his lips. In this way they 
would mete out [punishment] to him according to his deed. This is a well 
known vengeance which is witnessed daily. You, however, do according to 
what seems proper in your eyes. I do realize that your intentions are 
that God's name should be sanctified. * *


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