[Avodah] halachic attitude to the convicted
Zev Sero
zev at sero.name
Tue Nov 24 14:29:44 PST 2009
Daniel Eidensohn wrote:
> Contrary to common misunderstanding - imprisonment as legitimate
> punishment is mentioned in the gemora as well as in the rishonim and
> achronim
> Pesachim (91a): [...] if he is incarcerated in an Israelite prison,
See Rashi, who clearly rejects the idea that this refers to imprisonment
as a punishment. Does any rishon disagree with Rashi?
> Mo’ed Koton (16a): From where do we derive that one may place
> lawbreakers in chains, put in prison and prosecute them?
Again, see Rashi, who translates it differently. Is there any source
for this translation?
> Rambam (Hilchos Chovel u’Mazik 8:11): Similarly all those
> who distress the community and harm it -- it is permitted to hand them
> over to the non-Jewish government to be beaten, imprisoned and punished.
How does this support your claim that imprisonment is a legitimate
punishment? Who says the the government has the right to act as it does?
--
Zev Sero The trouble with socialism is that you
zev at sero.name eventually run out of other people’s money
- Margaret Thatcher
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