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Misva #261: Serefa – Execution by Burning

Misva #261: Serefa – Execution by Burning

FromSefer Hachinuch


Misva #261: Serefa – Execution by Burning

FromSefer Hachinuch

ratings:
Length:
20 minutes
Released:
Aug 17, 2022
Format:
Podcast episode

Description

The Torah in Parashat Kedoshim (Vayikra 20:14) establishes that certain capital offenses are punishable by Serefa – literally, “burning by fire.” The Sefer Ha’hinuch points to this verse as the source for the general obligation upon Bet Din to administer Serefa to those who commit those offenses which are punishable by this form of execution. Although the simple meaning of “Serefa” means death by fire, the oral tradition teaches that it is carried out differently, in a manner which causes minimal pain to the culprit. The person would be placed in a pit up to his knees, and the court officials would then take two cloths – one made from rough material, and another made from smooth material. The one made from rough material was wrapped inside the cloth made from smooth material, and it was then wrapped around the violator’s neck, such that the smooth material was against his skin. The two witnesses to the transgression pulled the cloth, causing the culprit’s mouth to open. At that point, boiling hot lead was poured down his throat, consuming his interior and killing him instantly. Even in the times when the courts had the authority to administer capital punishment, it was exceedingly rare, because of the numerous conditions that had to be met for execution to be carried out. Mainly, a violator was put to death only if two valid witnesses saw the act, and before the act was committed, they had clearly warned the violator that this sin was punishable by death, and he explicitly expressed to them that he wished to commit the act regardless. Therefore, when capital punishment was administered, the violator was especially brazen, showing clear contempt for Torah and utter disregard for the most serious Biblical commands. And yet, even though we are dealing with such a brazen violator, nevertheless, the Torah requires executing him in the most humane way possible, in a manner which minimizes pain. Instead of actually casting him into fire, lead is poured directly into his body, and even the soft cloth is placed on his skin so it would not be irritated. The Sages derived from the famous command, “Ve’ahabta Le’re’acha Kamocha” (“You shall love your fellow as yourself” – Vayikra 19:18) that even when somebody is deserving of capital punishment, the execution must be carried out in a humane way. At first glance, this inference seems difficult to understand, because the word “Re’acha” (“your fellow”) is generally understand as referring specifically to somebody who leads a proper Torah lifestyle. How could the Rabbis derive from this verse that a person deserving execution for disregarding a capital offense should be treated humanely, if this verse speaks specifically of those who conduct themselves properly? The Shita Mekubeset (Rav Besalel Ashkenazi, 16 th century), in Masechet Ketubot (37), explains that since the violator is now being put to death, and thereby achieves atonement, he is indeed considered “Re’acha” and thus deserves sensitivity and compassion. The Yada Rama (Rav Meir Abulafia, Spain, 1170-1244) explains differently, suggesting that the word “Re’acha” is related to the word “Ra” (“evil”), and can thus be understood as referring to somebody who is being punished for a capital offense. The Torah here shows us how far we must go in extending kindness and compassion. Even in the case of a person who unabashedly commits a capital offense even after being warned, to the point where he must be put to death, the Torah demands treating him with sensitivity. Certainly, when dealing with ordinary Jews, who, despite their many faults and imperfections, do not approach anywhere near this level of evil, we are to act with kindness and compassion, rather than treat them harshly because of their mistakes. If the Torah requires when dealing with a convicted violator, “Beror Lo Mita Yafa” – that he be executed humanely, then certainly when it comes to other Jews, we must try to give them “Hayim Yafim” – “good life,” helping them in any way
Released:
Aug 17, 2022
Format:
Podcast episode

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