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Zev Sero wrote:
<blockquote cite="mid:4B0C5E58.6050004@sero.name" type="cite">Pesachim
(91a): [...] if he is incarcerated in an Israelite prison,
<br>
<br>
See Rashi, who clearly rejects the idea that this refers to
imprisonment
<br>
as a punishment. Does any rishon disagree with Rashi?
<br>
</blockquote>
Rashi does not necessarily reject the idea - he does give examples of
the use of imprisonment but does not say that these are the only uses.
Look at Rambam(Hilchos Sanhedrin 24:9) where he simply says that
imprisonment is a legitimate tool of the courts.<a
href="%04%03%03%0B%1DAA%16%16%16%18%%05%16,%11%04%0E,%0C%03%17%06%12%12,%13%0C%06%0C%14%18%08%0C%10A%%11%08%17%0C%07%05A%%17,%06,%07%06A%05%%17,B999%20B999.%18"></a><br>
<blockquote cite="mid:4B0C5E58.6050004@sero.name" type="cite">
<blockquote type="cite">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.
<br>
</blockquote>
How does this support your claim that imprisonment is a legitimate
<br>
punishment? Who says the the government has the right to act as it
does?
<br>
</blockquote>
See Minchas Yitzchok (8:148) and Rav Wosner (2:58) - any society has a
right to protect itself - including the right to imprison and execute.<br>
Why would the Rambam say that you can turn a person over to the secular
authorities to punish a Jew if those authorities are not allowed to
punish in the ways that the Rambam specifies?<br>
<br>
<br>
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