Reply To: To: benignuman Re: Extrajudicial death penalty in halacha

benignuman,

I thought I was clear that the basis for executing mishkav zochor practitioners today is due to it spreading, the reason you acknowledged under your category (b). And indeed it is currently in the process of becoming made more widespread and mainstreamed with the practitioners in the midst of a global push to normalize this behavior through national and international marriage laws and other similar such actions on the legal, social and cultural fronts, especially in the public arena. This more than qualifies it to implement capital punishment for this reasoning.

Furthermore, even the reason you categorized under (a) as for allowing executions under special circumstances is applicable in this case. A Chillul Hashem is something going against Hashem in public. The heavenly prohibition against mishkav zochor is universal in law, applicable to all mankind. Violating this prohibition, especially in a public and ostentatious manner as the current crop of practitioners are increasingly doing and pushing on society is a c”H of massive proportions and this qualifies as a special circumstance under both rationales.

Regarding your last point to me, the comment you quoted of mine was a response to the last point you made in your first comment on this thread, namely your statement of “such executions would not work to stop mishkav zachor”. Therefore, in response to that rationale of yours against executing mishkav zochorniks I pointed out you could have equally made that point about executing murderers, yet you refrained from doing so. And I will reiterate that providing this penalty for this crime, in fact, will lead to an immediate and severe reduction in this terrible crime being openly proclaimed in the public arena as being normal, legitimate and publicly being declared to be the practice of its pride members.