Wednesday, March 11, 2015

The Talmud on double jeopardy (sort of)

THIS WEEK'S DAF YOMI COLUMN BY ADAM KIRSCH IN TABLET: Incestuous Rapists Get What They Deserve. Talmudic rabbis believe ‘the hand of Heaven’ makes sure that the punishment fits the crime.
Tractate Ketubot, which Daf Yomi readers have been exploring over the last month, is traditionally known as the Shas katan, the “little Talmud,” because it touches on such a wide range of legal subjects that it seems to encapsulate the whole Talmud. This week’s reading, in chapter 3, offered a good example of that comprehensiveness. The main subject of the chapter is the law regarding compensation for rape: In which cases does a rapist have to pay restitution to his victim, and when is he punished with the death penalty? But in the Gemara, the rabbis use these particular laws to explore much more general principles of punishment, in cases ranging from Shabbat desecration to the eating of consecrated produce by a non-priest.

At the center of these discussions is the question of whether it is permitted to punish someone twice for the same crime. ...

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Earlier Daf Yomi columns are noted here and links.