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November 10, 2015 12:26 am at 12:26 am
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Joseph
Participant
The Rambam in Mishna Torah Rotzeach Ushmiras Nefesh 2:4 says a King can execute murderers even if beis din cannot. Both the King and Beis Din (i.e. see Sanhedrin 46a about executing someone who rode a horse on Shabbos – which is not a capital offense under the Torah) in general have the extrajudicial halachic right for societal benefit to order executions as a punishment for an act that for technical reasons doesn’t qualify for capital punishment under pure Torah Law.