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The debate about the death penalty is one that is waged in many modern societies. Many oppose it, despite the need to protect society with a serious deterrent, citing four main claims: 1) There are moral problems with taking lives, including the idea that man should not take that which G-d granted. 2) Since human judges can err, it is dangerous to give punishments that cannot be reversed. 3) The death penalty does not rectify the death of the victim. 4) Life imprisonment is also an effective tool to prevent the recurrence of the criminal’s act of murder.
The Torah has a response to each of these claims, which we will present according to the order above: 1) It is Hashem, through the Torah, Who commands us to take the life He gave, under these circumstances. 2) Very strict standards of certainty are required to carry out the death penalty. 3) It is not only the welfare of society that determines whether a punishment should or should not be invoked. Even if the murderer volunteers large donations, we mustn’t accept them in order to exempt him. 4) Life-time imprisonment is reserved specifically for the unintentional murderer.
The following p’sukim provide an additional reason. Lack of punishing the guilty is called chanufa (literally, flattery; in context, spoiling) of the Land and making it impure (ibid. 33-34). Bnei Yisrael have to establish a society whose values are values of justice, which enables them to live lives of sanctity and purity in such a way that the Divine Presence will dwell in the Land. These values include the execution of an intentional murderer. Failure to act in such a manner drives out the Divine Presence.
This understanding helps explain David’s strange will and testament to Shlomo, in which he commanded Shlomo to kill his chief of staff, Yoav, for having killed two rivals (Melachim I, 2: 5-6). If this was the right thing to do, then why didn’t David execute Yoav himself? We can now say that Yoav was so strategic an asset to David that he had little choice but to let him live. However, upon Shlomo’s ascension, which brought with it the approach of the building of the Beit Hamikdash and the associated Divine Presence, matters of justice had to be dealt with at all prices.
Let us pray that the Divine Presence will indeed dwell in our midst without any impediments.
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
