Reply To: You’re In Charge of Brooklyn Jewry… What Do You Do?

In fact, during the times of Rabbenu Asher (the Rosh) in 13th century Spain, the Jewish courts in Spain had enacted and enforced capital punishment and carried out the death penalty for affronts such as blasphemy. See responsa 17:8.

And, furthermore, see that the Rosh said that he was astonished to find the community doing so and was against it.

A translation I found…

In all the lands of my acquaintance, the death penalty is not practiced, except here in Spain. When I arrived here, I was most surprised that this was done without a Sanhedrin. I was told that it was by way of a royal dispensation utilized by the Jewish court to save lives that would be lost were they left to Gentile courts. And while I permitted them to maintain this practice, I never agreed with their taking of a life in such fashion.

It seems that the Jewish capital courts were used to *save* people who would have otherwise been tried and executed by non-Jews. However, it is clear, that even if the Jewish court did engage in executions, the Rosh was clearly against such a practice.

Furthermore, I would argue that since the operating authority of these courts was the Spanish crown and not the Sanhedrin, they were acting as Jewish secular courts and not as a duly-constituted Bais din… much like a secular Israeli court would be viewed today.

The Wolf