Punishment

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Humane Punishment in the Torah

TANAKH

The Torah emphasizes the humane treatment of individuals even when they are being punished. Deuteronomy outlines the procedure for administering corporal punishment, ensuring it is supervised and limited to prevent excessive degradation.

if the guilty one is to be flogged, the magistrate shall have the person lie down and shall supervise the giving of lashes, by count, as warranted by the offense. The guilty one may be given up to forty lashes, but not more, lest being flogged further, to excess, your peer be degraded before your eyes.

Deuteronomy 25:2-3

Rabban Gamliel's Prayer and the Calming of the Sea

REFERENCE

Rabban Gamliel's recognition of divine punishment and his sincere intention to honor God and maintain unity among Jews is a powerful example of leadership and faith. This narrative from the early 20th-century biographical work by Gershom Bader recounts how Rabban Gamliel's prayer calmed the sea, demonstrating his deep connection to God and his role in guiding the Jewish people.

As we mentioned above, Rabban Gamliel spared no opponent in his capacity of Nasi. When Rabbi Eliezer tried to establish a law according to the school of Shammai, he was excommunicated by Rabban Gamliel despite the fact that he was his brother-in-law. The scholars of the academy thereupon sharply criticized Rabban Gamliel for banning so brilliant a man as Rabbi Eliezer. Some time later Rabban Gamliel was travelling on a ship to visit distant Jewish settlements. The ship encountered tremendous waves which threatened to capsize it and Rabban Gamliel understood that this was a punishment for the…

The Jewish Spiritual Heroes, Volume I; The Creators of the Mishna, Rabban Gamliel II of Jabneh 12

Judging Yourself

CHASIDUT

Imagine unknowingly passing judgment on yourself by choosing a punishment for someone else. In Sefer HaMiddot, Rabbi Nachman of Breslov explores the profound ethical implications of our judgments and the importance of self-awareness.

A person sometimes unknowingly passes judgment on himself [by being asked to select a fitting punishment for someone else].

Sefer HaMiddot, Punishment 2

The Sanctity of Life in Extreme Situations

RESPONSA

Even in extreme situations, the sanctity of life is paramount, and it is not permissible to hand over an innocent person to save others. Rabbi Yoel Sirkis, in his 17th-century responsa, addresses a stringent ethical stance on collective punishment, referencing Maimonides' legal principles.

Rambam, however, in chapter five of the Hilkhot Yesodei HaTorah (the Laws of the Principles of the Torah), held that …

“(only) a specified person who is deserving of death as Sheba son of Bichri may be handed over, and (even) this is not held permissible at the outset. But if the individual is not deserving of death, let all the others be slain rather than hand over a single soul from Israel.”

Teshuvot Bayit Chadash, HaYeshanot 43:9

The Futility of Rebellion

MIDRASH

God allowed the construction of the Tower of Babel to show the futility of human rebellion and ensure their punishment was a direct result of their own actions. The Midrash Tanchuma elaborates on the story of the Tower of Babel, emphasizing themes of human hubris and divine retribution.

Midrash Tanchuma, Noach 18:13

The Causes of Punishment

TOSEFTA

The Tosefta in Sukkah 2:6 correlates celestial phenomena like eclipses with ethical transgressions such as forgery, breeding inferior cattle, false witness, and reckless tree-cutting. It also explains how Israelite householders' property can be confiscated due to financial injustices like debt delays, usury, breach of commitments, and unfulfilled debt forgiveness pledges. This passage underscores the Tosefta's view on the connection between moral conduct, divine justice, and societal repercussions in Jewish legal tradition.

On account of four things are the luminaries eclipsed: on account of writing forgeries, on account of breeding small cattle, on account of bearing false witness, and on account of cutting down good trees. On account of four things the property of householders in Israel is confiscated by the government: on account of delaying a satisfied bond of indebtedness, on account of lending on interest, on account of promising and not performing, on account of offering to remit a debt and not doing so.

Tosefta Sukkah 2:6

The Many Reasons for Abner's Punishment

TALMUD

The rabbis offer multiple perspectives on why Abner was punished, providing a rich tapestry of interpretations. The Jerusalem Talmud, a central text in Rabbinic Judaism, delves into the reasons behind Abner's death, showcasing the complexity of biblical justice.

It is written: “No man in Israel was beautiful like Absalom, to be very much praised.” I could think, in everything. The verse says, “from his foot sole to the top of his forehead”. It is written: “He had a son whose name was Saul, select and good, no one of the Children of Israel was better than he.” I could think, in everything. The verse says, “from his shoulder on he was higher than all the people.” But about Abner, what is written? “You should know that a leader and great man fell today in Israel.” Why was Abner killed? Rebbi Joshua ben Levi, Rebbi Simeon ben Laqish, and the rabbis…

Jerusalem Talmud Sotah 1:8:10

Divine Intervention and Punishment in Egypt

TANAKH

God's hardening of Pharaoh's heart led to extraordinary signs and marvels, showcasing divine power and delivering the Israelites. The book of Exodus describes the Israelites' enslavement in Egypt, their miraculous redemption through ten plagues, and the splitting of the Red Sea.

But I will harden Pharaoh’s heart, that I may multiply My signs and marvels in the land of Egypt. When Pharaoh does not heed you, I will lay My hand upon Egypt and deliver My ranks, My people the Israelites, from the land of Egypt with extraordinary chastisements.

Exodus 7:3-4

The Soul's Journey After Death

KABBALAH

The Zohar offers a vivid and detailed account of the soul's journey after death, including its experiences in Gehinnom for the unrighteous. This foundational work of Jewish mysticism, traditionally attributed to Rabbi Shimon bar Yochai, explores the esoteric aspects of the soul's posthumous journey.

We have learnt that when a man’s soul departs from him, all his relatives and companions in the other world join it and show it the place of delight and the place of torture. If he is virtuous he beholds his place and ascends and sits there and enjoys the delights of the other world. But if he is not virtuous, his soul remains in this world until his body is buried in the dust, and then the executioners take hold of him and drag him down to Dumah and to his appointed storey in Gehinhom.

Zohar, Vayechi 21:170

The Wickedness of Sodom and Gomorrah

MIDRASH

The extreme cruelty and perverse justice system of Sodom and Gomorrah institutionalized inhumane treatment. The medieval midrash Sefer HaYashar expands on the Torah’s narrative, illustrating the moral depravity that led to the cities' destruction.

And upon the advice of those judges the people of Sodom and Gomorrah had beds erected in ‎the public streets of the cities. And when a traveler came to tarry in their cities they would ‎seize upon him and put him into one of those bedsteads by force. And if he was shorter than ‎the bedstead, six men would lay hands on him and stretch him until he was equal in length; ‎and if he was taller then they would press him against the two sides of the bedstead until he ‎would fit. And they did not give ear to the cries of the strangers but tortured them until they ‎almost reached the gates of death…

Sefer HaYashar (midrash), Book of Genesis, Vayera 4

The Hierarchy of Ostracism

HALAKHAH

The hierarchical enforcement of bans of ostracism in Jewish law reveals the intricate balance of communal discipline and respect for authority. In his monumental 12th-century legal code, the Mishneh Torah, Maimonides (Rambam) details the specific obligations and procedures for issuing and adhering to bans of ostracism.

If a teacher placed a person under a ban of ostracism because of his honor, all of his students are obligated to treat the person in the required fashion. However, if a student issued a ban of ostracism because of his honor, his teacher is not obligated to abide by the terms of the ban. Nevertheless, all other people are obligated to do so.
Similarly, when a person is placed under a ban of ostracism because of the nasi, all Jews are obligated to abide by the terms of the ban. However, if a person is placed under a ban of ostracism because of any Jew…

Mishneh Torah, Torah Study 6:13

Divine Judgment and Mercy in the Story of Noah

SECOND TEMPLE

God's direct intervention in human affairs, deciding to destroy humanity due to their wickedness, is a powerful narrative of divine judgment and mercy. Josephus, a 1st-century Jewish historian, recounts the story of Noah and the Flood, paralleling the biblical account and emphasizing God's decision to spare Noah and his family.

2. NOW GOD loved this man for his righteousness; yet he not only condemned those other men for their wickedness, but determined to destroy the whole race of mankind, and to make another race that should be pure from wickedness; and cutting short their lives, and making their years not so many as they formerly lived, but one hundred and twenty only, he turned the dry land into sea; and thus were all these men destroyed: but Noah alone was saved; for God suggested to him the following contrivance and way of escape : - That he should make an ark of four stories high, three hundred cubits(13) long…

The Antiquities of the Jews 1:3:2

David's Response to Divine Punishment

JEWISH THOUGHT

In response to divine punishment, King David's personal and emotional journey reveals profound insights into human vulnerability and repentance. From the Book of Samuel, the story recounts David's deep anguish over the impending death of his child as a consequence of his actions with Bathsheba.

Nathan pronounced the punishment: “The child about to be born to you shall die” (12:14). After Nathan left the royal palace, the child became critically ill. David prayed and fasted. His servants tried to feed him, but he refused. A week after Nathan left, the child died, but David’s servants were too afraid to tell him. Since David had not listened to their adjurations to eat, they were certain he would not accept the bad news, that he would do something terrible. They were wrong. David saw the servants speaking in whispers to each other and then he understood what had happened…

Return; Daily Inspiration for the Days of Awe, Day Nine; Honesty 29

Compassionate Justice

MISHNAH

The Mishnah ensures that even those who are punished are treated with compassion and dignity. This early third-century legal text outlines the humane administration of lashes, including medical assessments to prevent excessive punishment.

One assesses the number of lashes that the one being punished is capable of withstanding only with a number of lashes fit to be divided into three equal groups. If the assessment was that he can survive twenty lashes, he is flogged with eighteen. Likewise, if doctors assessed concerning him that he is able to receive forty lashes and survive, and he is then flogged some of those forty lashes, and then they assessed him again and concluded that he cannot receive forty lashes and survive…

Mishnah Makkot 3:11

Balancing Justice and Order

GUIDES

The courts in ancient Jewish society had the authority to impose severe punishments to maintain law and order, even if it meant relaxing some evidentiary standards. The Babylonian Talmud, in its introduction to Sanhedrin 13, explores the balance between strict legal procedures and the necessity of preventing societal anarchy.

The many restrictions on admissible evidence and procedural handling of witnesses that flow from the attempt to arrive at absolute justice create the potential for abuse by various types of transgressors, who could use utilize these restrictions to escape justice and thereby undermine the very foundations of society and the economy. In order to prevent a situation of anarchy, the courts made widespread use of the administrative authority granted them by the verse: “You shall remove the evil from your midst” (e.g., Deuteronomy 13:6)…

Introductions to the Babylonian Talmud, Sanhedrin, Introduction to Sanhedrin 13

Repentance and Divine Mercy

LITURGY

The story of Yonah and the city of Ninveh demonstrates that sincere repentance can lead to divine mercy and the relenting of punishment. The Book of Jonah, read during the Yom Kippur Mincha service, emphasizes themes of repentance and divine mercy.

And the word of Adonoy came to Yonah, the son of Amittai, saying: Rise up and go to Ninveh, the great city, and call upon her; for their evil has come before Me.” And Yonah rose up to flee to Tarshish from before Adonoy, and he went to Yaffo and found a ship bound to Tarshish and he paid the fare and boarded it to go with them to Tarshish from before Adonoy. And Adonoy sent a strong wind out to see and it became a mighty storm in the sea and the ship threatened to fall (break) apart. And the sailors were frightened…

Machzor Yom Kippur Ashkenaz, Mincha, Torah Reading for Mincha Service 10

Monetary Compensation for Injuries

TARGUM

The principle of 'an eye for an eye' is interpreted as monetary compensation rather than literal retribution. The Aramaic translation of the Torah, Targum Onkelos, reflects a broader Jewish legal tradition that emphasizes financial restitution over physical punishment.

[Compensation for] a broken bone [in exchange] for a broken bone, [compen-sation for] the loss of an eye [in exchange] for the loss of an eye, [compensation for] the loss to a tooth [in exchange] for the loss of a tooth; just as he maimed the man, so shall it be done to him [monetarily].

Onkelos Leviticus 24:20

The Case Against Corporal Punishment

HALAKHAH

Corporal punishment can harm a child's ethical development, making non-violent methods crucial in both educational and parental settings. This text explores the interaction between Halakhah (Jewish law) and contemporary social morality, particularly in the context of American law.

We will be the last ones to recommend corporal punishment and we do not tend to agree with the opinion that a teacher who does not know how to control ongoing incidents in the school without meting out physical force is the appropriate teacher. This matter especially applies to parents. If the child conditions himself to his parental criticism due to his fear of the potential use of force . . . his ethical impulse will be compromised and will fail to be attentive to his teacher’s directives. . . .

Rabbinic Authority IV, Part I; Rabbinic Authority; The Vision, Chapter 5; Corporal punishment in school; A study in the interaction of Halakhah and American law with social morality 37

Discipline with Compassion

MUSAR

Balancing discipline with love and understanding is crucial in the upbringing of children. Rabbi Eliezer Papo’s early 19th-century ethical work, Pele Yoetz, provides practical advice on how to rebuke and correct children with gentleness and mercy, avoiding cruelty and physical harm.

The love of sons and daughters: The love of sons and daughters is necessitated by nature, for they are the bone from his bone and flesh from his flesh, and even ???. But one must take care that his love does not overturn boundaries, that he does not make his son suffer and longs for him greatly and gives him extra love. Shlomo has already said in his wisdom (Proverbs 13:24) "One who spares his rod hates his son, but one who loves him rebukes him." And the essence of love is love of the soul, and included in this is love of oneself, for ??? gives merit to the father…

Pele Yoetz 3:1

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Repentance (Teshuvah)

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