Series: Daily Shiur

Venue: Jerusalem Jerusalem

Gemara:

Makot,  Sanhedrin 

Halacha:

Beit Din,  Choshen Mishpat 

Machshava:

Reward and Punishment 

Collections: Rabbi Berzon: Makkot

Description

As we near the conclusion of Masechet Makot, the final mishna addresses the question: Does Halacha Favor Capital Punishment? Will we try to understand the two schools of thought on this thorny issue. According to Rabbis Akiva & Tarfon we should apply the principle of והצילו העדה and interrogate the Eidim in a way that will almost guarantee that their testimony will not hold up in Beit Din and the accused will be exonerated. Rashbag takes the opposite view. Compassion for the murderer will serve the cause of encouraging the spilling of blood. While the Torah requires scrupulous interrogation of the witnesses, ultimately, the Torah commands us to put the murderer to death. Capital punishment is the most powerful deterrent that we have.