Reply To: Chayiv Misah as applied Halacha?

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WolfishMusings
Participant

WM, I think he was referring to the mass execution of the witches of Ashkelon.

I was well aware of what he was talking about — and yet, you still have to deal with the same SbS who was frustrated that he couldn’t do anything about someone whom he knew to be a killer. If he could punish extra-judicially on a whim, why was he so frustrated?

It should be noted that in the case of the witches and in the other case quoted in the Yerushalmi above, the procedures and executions were still handled through a Bais Din. Yes, they may have fudged on the procedures somewhat, but it wasn’t one person unilaterally declaring that so-and-so should be killed and then going out and having it done. The case that we are dealing with here is one person declaring that a person who does this or that should be stoned. No one today, no matter how big a gadol, has the right to do so and, unlike in SbS’s time, there is no Bais Din that can be convened today to handle such cases.

That might explain why SbS could do what he did with the witches but still be vexed over his inability to punish a known murderer.

The Wolf