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Day #314–Rambam DAILY Sefer HaMitzvos

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SoulWords—Rabbi Shais Taub avatar
SoulWords—Rabbi Shais Taub

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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