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Misva #114: The Prohibition Against Court-Administered Punishment on Shabbat

Misva #114: The Prohibition Against Court-Administered Punishment on Shabbat

FromSefer Hachinuch


Misva #114: The Prohibition Against Court-Administered Punishment on Shabbat

FromSefer Hachinuch

ratings:
Length:
20 minutes
Released:
Jan 11, 2022
Format:
Podcast episode

Description

The Torah commands in Parashat Vayakhel (Shemot 35:3), “Lo Teba’aru Esh Be’chol Moshebotechem Be’yom Ha’Shabbat” – “Do not burn fire in any of your residences on the day of Shabbat.” At first glance, it appears that the Torah here introduces the prohibition against kindling a fire on Shabbat. However, the Gemara notes that this cannot be the meaning of the verse, because kindling fire on Shabbat is already included under the general prohibition forbidding Melacha (work) on Shabbat, as kindling is among the thirty-nine forms of Melacha. Moreover, the Torah here specifies “Moshebotechem” – “your residences,” and kindling fire is, of course, forbidden on Shabbat everywhere. The Gemara therefore explains that the Torah here addresses Bet Din, and forbids the court from executing an offender who deserves the punishment of Serefa (execution through fire). The word “Moshabot” is used as a reference to Bet Din, and thus the Torah here commands that Bet Din may not execute offenders through Serefa on Shabbat, and that they should instead delay the execution until after Shabbat. The Sages established that this command is not limited only to Serefa, but rather applies to all punishments administered by Bet Din, forbidding Bet Din from punishing any offenders on Shabbat. The Sefer Ha’hinuch explains that this is forbidden because G-d wants us to respect Shabbat by having all people – even the sinners – enjoy rest on this day. Indeed, the Rabbis tell us that even the sinners in Gehinam are granted a respite from their punishment each week on Shabbat. One of the expressions of the special status and sanctity of Shabbat is that everybody is given the opportunity to rest on this day, even the sinners who deserve to be punished. The Sefer Ha’hinuch writes that if Bet Din executes an offender on Shabbat, then since this was not allowed on Shabbat, the executioner is guilty of desecrating Shabbat. Like all Shabbat violators, he is liable to Sekila (death by stoning) if he transgressed intentionally, and must bring a sin-offering if he committed this violation mistakenly. The Rambam, in Hilchot Shabbat (24:7), clarifies that this prohibition applies not only to capital punishment, but also to Malkut (lashes). Even though whipping somebody does not entail any Melacha, this punishment may not be administered on Shabbat. This explains why the prohibition against punishing offenders is counted as a separate Biblical command. At first glance, one might have assumed that once the Torah forbids administering punishment on Shabbat, a court that does administer punishment has violated the prohibition against violating Shabbat. As such, there is no reason to list a separate prohibition against punishing offenders. But once the Rambam clarifies that this prohibition includes administering Malkut, we understand why this is considered a separate prohibition. If Bet Din administers Malkut on Shabbat, they are not guilty of Shabbat desecration, but they have transgressed the separate prohibition against punishing offenders on Shabbat. The Sefer Ha’hinuch writes that even the judges who instructed the court official to administer punishment on Shabbat are in violation of this command, simply by giving the instruction. However, they do not receive punishment, because they transgressed the command without committing an action.
Released:
Jan 11, 2022
Format:
Podcast episode

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