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Top Document: soc.culture.jewish FAQ: Jewish Thought (6/12) Previous Document: Question 12.26: How does one atone for sins? Next Document: Question 12.28: What does the Torah mean by Abomination? See reader questions & answers on this topic! - Help others by sharing your knowledge
Answer:
The Torah contains many types of punshment, from stoning to death.
Rabbi Moshe Feinstein points out that, on the surface, all punishments
in the Torah appear ludicrous! How is it possible that a Jew is
deserving of death by stoning for kindling a match on the Sabbath,
whereas a thief only has to repay what he is stolen as a punishment
(and in certain situations double)? Why is it that the concept of
incarceration does not exist in the Torah (except for designating
cities of refuge for someone who killed _unintentionally_)? Further,
Judaism does not actually impose any penalties unless we have two
independent, non-related eyewitnesses, who have warned the perpetrator
before doing the act what punishment he will receive, and the
perpetrator must answer them "Even so, I will transgress and do
(whatever the bad act is)". Our rabbis teach us that a court that has
put a person to death more than once in 7 years, and according to some
opinions more than once in 70 years, is a "trigger happy" court, and
must be disqualified! Is this a deterrent?
The explanation, again according to Rav Feinstein, is that the Torah
concept of punishment is entirely different from the secular concept
of punishment. The reason there are punishments in secular law is to
protect society. Hence, those who steal are locked up to "get them off
the streets", and there is no punishment at all for people who choose
to violate the Sabbath. However, the Torah perspective is that the
punishment is not for the protection of society, for G-d guards and
protects society. The Torah punishments are primarily a message to
those who study them, teaching the gravity and essence of the laws
that they are studying. For example, in traditional Judaism, a Jew who
intentionally violates the Sabbath must be aware that this is an act
of denial that G-d created the universe, and consequently his life is
not worth living, because for what other purpose are we here other
than to know and teach that there is one Creator whom we must serve! A
person who steals must repay what he has stolen, to the point of going
into servitude if he is unable to, to drive home the message of what
he has done, and what steps thus must be taken to rectify it.
We also find that the Talmud "borrowed" this technique, and taught us
that there are some things that might seem trivial to us that we would
do that are "deserving of death" or that a person who performs it
"forfeits his life". One example is in Pirke Avot [Chapters of Our
Fathers] (3:9), where we are taught that if someone is studying Torah
as he is walking, and interrupts his studies to comment about how
beautiful G-d's creation that is surrounding him is, he is considered
to have "forfeited his life". Obviously we are not saying that we kill
such a person; rather, there is an underlying message.
So, when we read about a punishment in the Torah, we should ask
ourselves: "What does the punishment teach me about this
transgression, and how might I better improve my service of G-d with
this knowledge?"
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Last Update March 27 2014 @ 02:11 PM
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