Transcript
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it is day number 314 of our daily study
of
RA and yesterday we started the 14th
book of the 14 books of Misha in the
three chapters of the study track of
Misha uh the name of this first section
in which literally means the Book of
Judges is hilus sanedrin the laws of the
high
court and the
punishments which are given over to them
to administer and we're going to
actually get into some of those
punishments in today's Mitzvah okay we
have four Mitzvah
today the first is negative commandment
282 the prohibition against issuing the
death penalty by a majority of
one let me explain we just learned
yesterday that there's a concept of
majority rule and majority means a
simple majority so if you have three
judges two against one um if you're
dealing with a capital sentence meaning
the death
penalty so then it cannot be a simple
majority of one it has to be at least
two so let's say for instance we're
talking about the Sanhedrin where you
have 71 votes 71 separate Rabbi judges
so techn teally if you would have 36
against
35 that's a majority right 36 plus 35
would be
71 but you cannot convict and carry out
a death sentence with 36 against 35
would have to be 37 against 34 okay the
next mitz a negative commandment 283 is
the prohibition
against giving a
ruling basically um being a copycat I
guess what I'll call it what do I mean
by a copycat um I mean if you are a
judge and you vote a certain way just
because somebody else voted that way and
you haven't actually thought it through
and figured out if the law actually
leads you to this conclusion so that is
a Prohibition not allowed to do that you
have to actually think it through and
figure out why it sense to you based on
your understanding of the torah's laws
that this should be the
decision uh positive commandment
229 now we're getting into the
punishments specifically the death
penalty yes there is death penalty in
Torah law uh no it's not currently in
effect and hasn't been in close to 2,000
years the death penalty only existed uh
during the times of the Sanhedrin and
even then it stopped being practiced
even before the the Sanhedrin was
disbanded and even in the times when it
was carried out it was done extremely
rarely there is an opinion that in the
in the talod that a court that carried
out the death penalty even once in seven
years was considered to be a violent
court and and there's another opinion
that says even if the court carried out
the death penalty once in 70 years that
would be considered excessive you would
say wow take it easy guys you're uh
getting a little carried away there with
a death penalty so um positive
commandment 229 is the Mitzvah to carry
out the execution by stoning for those
who the Torah law
determines are pun punished by death
through stoning yes it's
gruesome but this is the Mitzvah okay
and I don't think I will get into the
details to describe exactly how that
stoning was done but um if you really
want to know you can look it up in the
Misha and he explains it graphically
okay positive commandment
228 is execution by burning what called
Safa um I also don't want to get too
graphic but the burning is not setting
somebody on fire I used to think that
when I was a kid actually
it's um
swallowing molten
metal as I said it is gruesome but this
is these are the the the death penalties
now there are four total forms of death
penalty each one of them is a Mitzvah uh
when
applicable and uh we we've learned two
out of the four okay those are our
mitzvah for today we'll see you tomorrow
for more God willing
