[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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