Corporal punishment Judaism: Encyclopedia - Corporal punishment Judaism

Corporal punishment (Judaism)

The Torah describes certain forms of corporal punishment for certain sins and crimes.

Corporal punishment Judaism - Types

The four types of capital punishment, known as mitath beth din (execution by the rabbinic court), are:

• Sekila - stoning
• Serefah - burning
• Hereg - decapitation
• Chenek - strangulation

The Talmud (tractate Sanhedrin) recognises that the former two are more serious, and are administered for more serious crimes.

One form of non-capital corporal punishment is known, namely that of lashes (malkuth). The maximum number of lashes allowed per sentence is 39, although multiples of this could theoretically be given consecutively if multiple commandments had been violated. Apart from as a punishment for violating Torah law, malkuth mardus (lashes of rebellion) was also administered in cases of contempt of court and violation of rabbinic law.

Corporal punishment Judaism - Capital crimes

Crimes such as idolatry, adultery and several forms of incest, murder, and violation of the shabbat.

It bears noting that the Mishnah (tractate Makkoth 1:7) states that a court that administers capital punishment more than once every seventy years is called a "destroyer". There are many restrictions on the evidence admissible in capital cases, and unless a warning (hatra'ah) was given (to ascertain the offender's intent), a verdict of "guilty" could not be passed. In addition, the process had to be witnessed by two unrelated witnesses, and the timing of the warning (several seconds before the act) was crucial.

Still, the harshness of the penalty indicates the seriousness of the crime, and Jewish philosophers argue that the whole point of corporal punishment was to serve as a reminder to the community of the severe nature of certain acts.

Corporal punishment Judaism - Non-capital crimes

Standard prohibitions such as eating non-kosher food carry a penalty of lashes.

Some rabbinical prohibitions, such as violating the laws of muktza (moving objects which may not be used on shabbat) carry a penalty of lashes.

Corporal punishment Judaism - Present state

No physical punishment is presently being administered by rabbinical courts. Some of the capital crimes mentioned above would lead to effective exclusion of the perpetrator from the religious community. For transgressions that would deserve capital punishment (i.e. violation of shabbos, murder, worship of foreign deities, etc.), yet do not receive it because of the lack of organized court systems, the sinner received kareis v'ariri, which is a youthful and childless death (between the ages of 50 and 60, with their children passing on in their own lifetime).

Adapted from the Wikipedia article "Corporal punishment Judaism", under the G.N U Free Docmentation License. Please also see http://en.wikipedia.org/wiki