Chayiv Misa

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  • #593010
    TheChevra
    Member

    Are men and women treated differently when one is chayiv misa?

    #709737
    WolfishMusings
    Participant

    There are a few minor differences in procedure, but nothing really substantively different.

    The Mishna/Gemara in the sixth and seventh perakim of Sanhedrin deal with this.

    The Wolf

    #709738

    yes

    the differences are generally in matters of tznius

    for example a man has his chest uncivered for skelah, not a woman, discussed in Makkos

    but dont take this as a surety, i have a slight feeling i might be getting two different inyonim mixed up, but i think what i said is correct

    hopefully there will be some well informed discussion here

    interesting

    #709739
    TheChevra
    Member

    Mod 80,

    I think when a sotah drinks the water, she is also uncovered.

    #709740

    for sure chevra but that is her hair, and there is a machlokes about what else, the Pasuk says that the Kohen Godol tears her garment, but to what extent isnt clear.

    #709741
    WIY
    Member

    Mod 80

    You are right about that.

    TheChevra

    Oy vey. Her HAIR is uncovered.

    #709742
    WolfishMusings
    Participant

    for example a man has his chest uncivered for skelah,

    It’s a machlokes in the gemara in Sanhedrin:

    One opinion is that a man is covered in front with a small cloth and a woman is covered in front and in back.

    The other opinion is that a man is stoned naked and a woman clothed.

    The other major difference (vis a vis skilah) is that if the person is hanged afterward (as is done for some sins), only a man is hanged. A woman is not hanged.

    Otherwise, the procedure is the same — and, in all events, the court case itself is carried out identically regardless of the gender of the defendant.

    The Wolf

    #709745
    TheChevra
    Member

    WIY:

    ???? ????

    ????? ???? ??? ?????

    ??. ???”? ??? ??? ?? ???? ????? ????? ????? ?????? ????? ???? ????? ?? ???? ???? ?? ???. ????? ???? ????? ?????? ???? ??? ??????. ????? ??? ???? ??? ??????? ???? ????? ????? ??? ?? ???? ???? ???? ??? ?”? ?????? ????? ????? ??? ??? ???? ?????? ?????? ????? ???? ?????:

    #709746
    WIY
    Member

    TheChevra

    Ok so they reveal the skin of her chest thats opposite her heart but it says they tie a rope above her breasts so that her clothing stay on. I dont believe theres actual nudity involved. Maybe theres the kind of viewage you see today by some non Jewish women who wear plunging necklines but no nudity was visible. I could be wrong. But so it seems from reading what you cut and pasted.

    #709747
    TheChevra
    Member

    If someone is sentenced to misa by Beis Din, and he escapes, anyone can kill him as he is escaping by any means possible, even though it is not the method of execution Beis Din sentenced him to. (i.e. Sinking the boat he is escaping with so he drowns; shooting him; etc.)

    Does the above point apply only to a convicted murderer, or to any kind of death penalty convict (i.e. a mechallel Shabbos, mishkav zochor, etc.)?

    #709748
    TheChevra
    Member

    Also, if a death penalty convict escapes for a certain period of time, after escaping Beis Din, he can no longer be executed. (i.e. a statue of limitations.)

    Is this true if he escapes Beis Din before conviction or after conviction? And what is the time period?

    (I’m going on memory here.)

    #709749
    metrodriver
    Member

    I see some posters have B”H solved their problems with paying rent/mortgage, tuition for kids’ yeshiva/school, balancing their bank account, etc. and are left wondering if there is gender equality where execution by bais din in Talmudic times is concerned. Nice and dandy to be “Mevarer” the Halacha. And if there is ?”? not. Who will you contact to complain?! the aclu or eeoc (equal employment opportunity commission)!

    #709750
    WolfishMusings
    Participant

    I see some posters have B”H solved their problems with paying rent/mortgage, tuition for kids’ yeshiva/school, balancing their bank account, etc. and are left wondering if there is gender equality where execution by bais din in Talmudic times is concerned.

    I see some posters have come to the foolish conclusion that it’s wrong to ask questions unless one’s life is perfect.

    The Wolf

    #709751
    popa_bar_abba
    Participant

    Well thank you metro, that was a really nice thing to say. You may want to join the judgmental thread.

    #709752
    myfriend
    Member

    If memory serves me correctly, I believe the “statue of limitations” kicks in after conviction (and sentencing?). I forget what the time period is.

    Before conviction there is no statue of limitations, and the accused can be brought to trial for the crime any amount of period after is occurred.

    #709753
    haifagirl
    Participant

    If memory serves me correctly, I believe the “statue of limitations” kicks in after conviction (and sentencing?). I forget what the time period is.

    Before conviction there is no statue of limitations, and the accused can be brought to trial for the crime any amount of period after is occurred.

    Is that any relation to the Statue of Liberty?

    #709754
    myfriend
    Member

    No, but there is a relationship to the statute of limitations. 🙂

    #709755
    popa_bar_abba
    Participant

    A statute of limitations is that if a certain amount of time passes between the crime and being charged, you can not be charged anymore. Once you are charged, any amount of time can pass.

    #709756
    WolfishMusings
    Participant

    Maybe I’m remembering wrong, but I do not believe there is a statue of limitations. In fact, I’m pretty sure that I recall that once he has been convicted, any two people who were present can later go to another bais din, testify that the defendant was convicted of a capital crime (along the normal rules of testimony) and the new bais din can execute him. The original witnesses need not be present and the original testimony need not be rehashed.

    The Wolf

    #709757
    metrodriver
    Member

    Poster #7; Wolfishmusings; Questions are always in place to ask. But I merely pointed out that those type of queries haven’t come to my attention, yet. Because I’m busy solving more short-term problems. Life doesn’t have to be perfect for someone to ponder Philosophical and hypothetical questions that have no impact on daily life. But some of us are overtaken by minuscule problems such as I have enumerated in my original post.

    #709758
    metrodriver
    Member

    The “Statue” of limitations may be related to the “Statue” of Liberty, but the STATUTE of limitations is a LAW.

    #709759
    myfriend
    Member

    metro – obviously you would never learn gemora; especially such esoteric gemorah’s that discuss stuff that are only applicable in the Holy Temple of 2,000 years ago.

    #709760
    metrodriver
    Member

    Papa-bar-abba; Who is being judgmental. I merely stated that I have more mundane things to worry about. When I will solve all of those earthly problems, I might start inquiring about philosophical situations.

    #709761
    popa_bar_abba
    Participant

    Yes metro. Perhaps the first earthly thing you can solve is your puerile attempt at riling people up.

    #709762
    metrodriver
    Member

    myfriend; I DO learn Gemorah, sometimes. But Masechet Shabbos, which speaks of Hilchos Shabbos is in my set of Sha”s before Masechet Sanhedrin. Hopefully, I will one day get there, too. But meanwhile, I’m more interested in the practical Halachos of Shabbos before inquiring if there was gender equality in executions 2,000 years ago.

    #709763
    myfriend
    Member

    To me Mesechtes Sanhedrin is an equally important part of Shas as Mesechtes Shabbos. For practical Hilchos Shabbos, there is Shulchan Aruch and Sh”ut.

    #709764
    HaLeiVi
    Participant

    Wolf, is it an Aveira for you to support someone to bow to the statue of limitations:?)

    #709765
    WolfishMusings
    Participant

    Yeah, yeah… I meant “statute.” Ya got me. 🙂

    The Wolf

    #709766
    Rak Od Pa'am
    Member

    Amazing !!! None of the scholars, pseudo-scholars and scholar wannabes noticed that Chayiv is mis transliterated

    There is a ??? under the yud in ?????? ??????

    #709767
    squeak
    Participant

    Chad-

    Thanks for doing your part again to make this CR a more wonderful place to be.

    BTW, did you ever notice that your screen name should be “chad pa’ami”?

    Confucious say, do not complain about the snow on your neighbor’s roof when your own front doorstep is unclean.

    #709768
    WolfishMusings
    Participant

    Amazing !!! None of the scholars, pseudo-scholars and scholar wannabes noticed that Chayiv is mis transliterated

    So what? It doesn’t change the essence of the conversation and it’s not as if the transliteration of the word is m’akev. 🙂

    The Wolf

    #709769
    Rak Od Pa'am
    Member

    Seems that I am a dolphin.

    I tried changing to ?? ???? but it seems that http://www.theyeshivaworld.com/wp-admin/profile.php is not Hebrew enabled so I did the next best thing and followed your suggestion

    #709770
    squeak
    Participant

    You could learn some things from dolphins….

    #709771
    popa_bar_abba
    Participant

    Popa say-

    Do they have snow where Confucious from?

    #709772
    squeak
    Participant

    Yoda say, when a good quote you do hear, question its veracity you do not.

    #709773
    TheChevra
    Member

    TheWolf:

    Are you trying to say that if a mechallel Shabbos convict escaped after conviction but before execution, if he is caught 25 years later he can be executed?

    And does it matter if he was convicted and sentenced by beis din (is there even a “sentencing phase”?) or if he escaped after conviction but before sentencing? Indeed, upon conviction of a capital crime in beis din what is the procedure? Is he immediately taken to the place of execution, or are there other formalities first?

    #709774
    WolfishMusings
    Participant

    Are you trying to say that if a mechallel Shabbos convict escaped after conviction but before execution, if he is caught 25 years later he can be executed?

    I would have to learn the sugya again to be certain, but I believe that to be the case.

    Of course, the rules of testimony in the new case are the same as in the old case. Two witnesses who witnessed the conviction would have to testify to the conviction (not to the actual chillul Shabbos).

    And does it matter if he was convicted and sentenced by beis din (is there even a “sentencing phase”?) or if he escaped after conviction but before sentencing?

    There is no sentencing phase. The penalty is already set by the Torah.

    Indeed, upon conviction of a capital crime in beis din what is the procedure? Is he immediately taken to the place of execution, or are there other formalities first?

    The convicted is taken for execution immediately. However, he is allowed to try to put forth new arguments for his acquittal. Each time he is returned to the Bais Din. However, after a few times, he is only returned if there is substance to his arguments.

    The Wolf

    #709775
    TheChevra
    Member

    Another related question:

    If Aleph and Beis testify that Gimmel murdered Daled, but then Hey and Vov testify that Aleph and Beis were with them elsewhere at the time they claimed to witness Gimmel murdering Daled.

    In order for Hey and Vov to save Gimmel, and instead Aleph and Beis are executed, does Hey and Vov’s testimony have to come BEFORE Gimmel was convicted or AFTER Gimmel was convicted (but obviously prior to execution)?

    If it is BEFORE conviction, what happens if they only make it to beis din AFTER conviction (i.e. they were coming from another city and arrived a little late)? Does Gimmel still get executed?

    And if the halacha is the new testimony must come AFTER conviction (but prior to execution), what happens if the new witnesses testify BEFORE conviction (i.e. while Gimmel is still on trial)?

    #709776
    HadaLXTP
    Member

    Going back to the original discussion(or towards the middle).A Sotah Does not get unveiled to the public if she is a beautiful woman(if my memory serves me well).

    #709777
    popa_bar_abba
    Participant

    I have never heard of a statute of limitations in halacha, and even in secular law, I have never heard it applied to the time after the indictment before trial or punishment.

    #709778
    TheChevra
    Member

    When Moshiach comes and the Beis Din is restored, will there be such a thing as Jews sinning? Will there still be a need for misas beis din amongst Klal Yisroel?

    #709779
    WolfishMusings
    Participant

    I have never heard it applied to the time after the indictment before trial or punishment.

    In most (all?) jurisdictions in the United States, the state has a limited amount of time after indictment to begin the trial. This is due to the 6th amendment which states:

    In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial

    The Wolf

    #709780
    WolfishMusings
    Participant

    When Moshiach comes and the Beis Din is restored, will there be such a thing as Jews sinning? Will there still be a need for misas beis din amongst Klal Yisroel?

    As the Rambam famously states:

    There is no difference between this world and the next except for the subjugation by the nations.

    The Wolf

    #709781
    myfriend
    Member

    If Aleph and Beis testify that Gimmel murdered Daled, but then Hey and Vov testify that Aleph and Beis were with them elsewhere at the time they claimed to witness Gimmel murdering Daled.

    In order for Hey and Vov to save Gimmel, and instead Aleph and Beis are executed, does Hey and Vov’s testimony have to come BEFORE Gimmel was convicted or AFTER Gimmel was convicted (but obviously prior to execution)?

    If it is BEFORE conviction, what happens if they only make it to beis din AFTER conviction (i.e. they were coming from another city and arrived a little late)? Does Gimmel still get executed?

    And if the halacha is the new testimony must come AFTER conviction (but prior to execution), what happens if the new witnesses testify BEFORE conviction (i.e. while Gimmel is still on trial)?

    If memory serves me correctly, the testimony must come before conviction, otherwise the convict is executed even if additional witnesses testify the original witnesses were false.

    #709782
    Homeowner
    Member

    Wolf, et al,

    Generally speaking as applied to criminal law:

    Statute of limitations: a time period after the commission of an offense during which a defendant must be charged or he cannot be charged at all.

    Right to a speedy trial: a limit of time after a defendant is charged when he must be tried or released.

    In certain circumstances, the statute of limitations is tolled (paused)such as if the defendant voluntarily left in the state (somewhat more complicated than that, but you get the idea).

    The right to a speedy trial is often waived to give the defense more time to prepare.

    Note: while you are correct that this aspect of the Sixth Amendment does apply to the states, not every aspect of the Bill of Rights does. (Honestly, who here knew that?)

    #709783
    WolfishMusings
    Participant

    Note: while you are correct that this aspect of the Sixth Amendment does apply to the states, not every aspect of the Bill of Rights does. (Honestly, who here knew that?)

    Nonetheless, the vast majority of the Bill of Rights *does* apply to the states due to the Due Process clause in the 14th amendment.

    The Wikipedia article below has a good summary of which parts of the Bill of Rights have been incorporated into the states and which ones haven’t.

    http://en.wikipedia.org/wiki/Incorporation_of_the_Bill_of_Rights

    The Wolf

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