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<p class="quote"
style="text-align: justify; direction: ltr; unicode-bidi: embed;"><b><font
face="Arial Narrow" size="2"><span
style="font-size: 10pt; font-weight: bold;">I just posted the Hebrew
text of this on <a
href="http://daattorah.blogspot.com/2009/11/chillul-hashemfailure-to-punish-that.html">my
blog</a>. Thought it would be of interest on Avodah<br>
</span></font></b></p>
<p class="quote"
style="text-align: justify; direction: ltr; unicode-bidi: embed;"><b><font
face="Arial Narrow" size="2"><span
style="font-size: 10pt; font-weight: bold;">Rosh<span
class="MsoFootnoteReference"><sup><span style=""><!--[if !supportFootnotes]--><!--[endif]--></span></sup></span>(17:8):
[Translation Prof. Aaron Schreiber]Q</span></font></b><span style="">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 <span style=""> </span>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. <b><span style="font-weight: bold;"><span
style=""> </span></span></b><o:p></o:p></span></p>
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<p class="MsoFootnoteText" dir="rtl"><font face="FrankRuehl" size="3"><span
style="font-size: 12pt; font-family: FrankRuehl;" lang="HE"><span
lang="HE"><br>
</span><o:p></o:p></span></font></p>
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