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Contrary to common misunderstanding - imprisonment as legitimate
punishment is mentioned in the gemora as well as in the rishonim and
achronim<br>
<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;">Pesachim</span><span
class="MsoFootnoteReference"><sup><span style=""><!--[if !supportFootnotes]--><!--[endif]--></span></sup></span></font></b><b><span
style="font-weight: bold;">(91a): </span></b><span style="">AND
LIKEWISE ONE WHO HAS RECEIVED A
PROMISE TO BE RELEASED FROM PRISON, AND AN INVALID, AND AN AGED PERSON
WHO CAN
EAT AS MUCH AS AN OLIVE, ONE SLAUGHTERS ON THEIR BEHALF. [YET IN THE
CASE OF]
ALL THESE, ONE MAY NOT SLAUGHTER FOR THEM ALONE, LEST THEY BRING THE
PASSOVER-OFFERING TO DISQUALIFICATION THEREFORE IF A DISQUALIFICATION
OCCURS
TO THEM, THEY ARE EXEMPT FROM KEEPING THE SECOND PASSOVER,EXCEPT ONE
WHO WAS
REMOVING DEBRIS, BECAUSE HE WAS UNCLEAN FROM THE BEGINNING.<span
style=""> </span><span style=""> </span>GEMARA.
Rabbah son of R. Huna said in R. Johanan's name: They learned this only
of a
heathen prison; but [if he is incarcerated in] an Israelite prison, one
slaughters for him separately; since he was promised, he will
[definitely] be
released, as it is written, The remnant of Israel shall not do
iniquity, nor
speak lies. R. Hisda observed: As to what you say, [If he is in] a
heathen
prison [one may] not [kill on his behalf alone]; that was said only
[when the
prison is] without the walls of Beth Pagi; but [if it is] within the
walls of
Beth Pagi, one slaughters on his behalf alone. What is the reason? It
is
possible to convey it [the flesh] to him and he will eat it.<o:p></o:p></span></p>
<p class="quote"
style="text-align: justify; direction: ltr; unicode-bidi: embed;"><b>Mo’ed
Koton(16a):</b><!--[if !supportFootnotes]--> From where do we derive
that one may
place lawbreakers in chains, put in prison and prosecute them? Ezra
(7:26) said:
Let judgment be executed on him with all diligence whether it be to
execute
him, to uproot him, or monetary punishment or imprisonment.<br>
</p>
<p class="quote"
style="text-align: justify; direction: ltr; unicode-bidi: embed;"></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;">Rambam</span></font></b><span
class="MsoFootnoteReference"><b><i><sup><span
style="font-weight: bold; font-style: italic;"><span style=""><!--[endif]--></span></span></sup></i></b></span><b><span
style="font-weight: bold;">(Hilchos Chovel u’Mazik 8:11): …</span></b><span
style="">.
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. However if the person is only disturbing an individual and
not the
community – it is prohibited to hand him over. It is also prohibited to
cause
the loss of the property of the moser – even though it permitted to
cause the
death of the moser himself. That is because his property belongs to his
heirs.<o:p></o:p></span></p>
<p class="quote"
style="text-align: justify; direction: ltr; unicode-bidi: embed;"><b><font
face="Times New Roman" size="3"><span
style="font-size: 12pt; font-family: "Times New Roman";">Rabbi Shlomo
Zalman Auerbach(</span></font></b><i><font face="Times-Italic" size="3"><span
style="font-size: 12pt; font-family: Times-Italic; font-style: italic;">Ve'aleyhi
lo Yuval</span></font></i><font face="Times New Roman" size="3"><span
style="font-size: 12pt; font-family: "Times New Roman";">, volume
2:113-114): Recounts in the name of Rabbi
Yehuda Goldreicht: I asked Rabbi Auerbach about a particular Jew who
stole a
large sum of money and he was caught by the police in America. He was
sentenced
to a number of years in prison in America. Was it proper to assist in
the
collection of money for him [we were speaking about a large sum of
$200,000] in
order to fulfill the mitzvah of redeeming captives to have him released
from
prison? When Rabbi Auerbach heard this he stated "Redeeming captives?!
What is the mitzvah of redeeming captives here? The mitzvah of
redeeming
captives is only when the gentiles are grabbing Jews, irrationally, for
no
proper reason, and placing them in prison. According to what I [Rabbi
Auerbach]
know, in America they do not irrationally grab Jews in order to squeeze
money
from them. The Torah says "do not steal" and he stole money -- on the
contrary, it is good that he serve a prison sentence, so that he learns
not to
steal! [R' Broyde's article on mesira]<br>
</span></font></p>
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