Home › Forums › Decaffeinated Coffee › Defending myself and defending a rabbi
- This topic has 17 replies, 10 voices, and was last updated 13 years, 4 months ago by charliehall.
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June 17, 2011 9:43 pm at 9:43 pm #597469charliehallParticipant
In the jury duty thread, now closed, I reported that I had been told (by three different rabbis, actually) that a Jew can and should serve on a jury in the United States. The only restriction was that two of the three rabbis volunteered (without being asked) that a Jew should not serve on a jury in a death penalty trial as the standards for administration of the death penalty do not meet Noachide standards.
Other commenters asked for the source for the restriction on the death penalty service and while I did not ask for the source, the gemara in Sanhedrin that eyewitness testimony is required for a death penalty in a Noachide court, but that is not a requirement in the US. (A warning is NOT required for a Noachide court an Noachide courts can have death penalties for crimes that would never get such a punishment in a Jewish court, and theft and abortion are specifically given as examples.)
There was also a rather snide comment asking if this was the opinion of Rabbi Avi Weiss. I want to put on the record that I have not asked this shilah of Rabbi Weiss and that I have not heard him speak on it; I honestly have no idea what his position is on this particular halachic issue.
The thread was closed before I was able to respond to these comments and I simply wanted to close the loop.
June 17, 2011 11:49 pm at 11:49 pm #778485EnglishmanMemberAre you a member of the shul of the famous Rabbi Avi Weiss from Yeshivat Chovevei Torah?
June 19, 2011 2:57 am at 2:57 am #778486popa_bar_abbaParticipantI would need to see the gemara, and also where this idea is brought down in poskim. Sanhedrin is quite big, and I never learned it.
June 19, 2011 3:19 am at 3:19 am #778487charliehallParticipant“Are you a member of the shul of the famous Rabbi Avi Weiss from Yeshivat Chovevei Torah?”
I am a member of the Hebrew Institute of Riverdale. Rabbi Avi Weiss is the senior rabbi there. I also belong to two other synagogues.
“I would need to see the gemara”
Sanhedrin 57b, at the top of the amud.
“where this idea is brought down in poskim”
There is almost no halachic literature of the usual sort on Noachide laws. But Rambam does include this in Hilchot Melachim; see in particular Chapter 9, Halachah 14.
June 19, 2011 3:26 am at 3:26 am #778488zahavasdadParticipantThe Hebrew Institute of Riverdale is a OU affiliated shul
June 19, 2011 3:39 am at 3:39 am #778489charliehallParticipantI should add that I have no affiliation with Yeshiva Chovevei Torah other than having the merit to have attended shiurim given by their rabbis.
June 19, 2011 4:44 am at 4:44 am #778490popa_bar_abbaParticipantOk, I looked them up.
The gemara does appear to be setting a standard for goyim, the standard being ??? ??? ?????? ??? ??? ????? ??? ?? ?????? ??? ?? ????? ??? ??? ???? ??? ???.
The rambam brings it, as you noted.
Still, I wonder.
Firstly, it is kind of hard to expect goyish courts to know what to do based on two lines in the gemara, quoted in the rambam, with minimal explanation in the nosei keilim. What sort of evidence must the eid have seen? Are there drishos v’chakiros? etc.
Secondly, the gemara says that when there is a lot of crime, beis din kills people even though they are not chayav misah. (Sanhedrin 47b, Tur CM 2:1). I tend to think there is more violent crime now than there was back then.
Thirdly, the gemara usually speaks about killing people, but the standards of evidence are the same if you want to fine him or beat him. So are the goyish courts not allowed to fine someone without an eid?
June 19, 2011 4:56 am at 4:56 am #778491charliehallParticipantPopa,
All good questions! As non-Jews have rarely asked shilahs of rabbis regarding these issues, we have very little halachic literature on these issues and I’m unaware of any rishon other than Rambam who discusses them. The Rambam mostly restates what is in the gemara. (Anyone more learned than me who is aware of others, please cite!)
FWIW there is probably a lot LESS crime today than in the time of the Mishnah and Talmud. The Roman Empire barely had anything resembling a police force, so they resorted to particularly brutal punishments for the people they did catch.
June 19, 2011 5:22 am at 5:22 am #778492shlishiMemberIsn’t the Hebrew Institute of Riverdale the place where Sara Hurwitz is a “rabba”?
June 19, 2011 6:08 am at 6:08 am #778493WolfishMusingsParticipantAre you a member of the shul of the famous Rabbi Avi Weiss from Yeshivat Chovevei Torah?
and
Isn’t the Hebrew Institute of Riverdale the place where Sara Hurwitz is a “rabba”?
Considering that Dr. Hall has stated that, regarding the subject at hand, he has not spoken with Rabbi Weiss and does not know his opinions on the matter, then what is the difference regarding the above questions? They have no bearing on the question at hand (specifically, the standards that are applicable regarding serving on a jury).
The Wolf
June 19, 2011 1:05 pm at 1:05 pm #778494ZeesKiteParticipantshlishi
A “rabba” came into our house (uninvited) many years ago…
June 19, 2011 3:18 pm at 3:18 pm #778496☕ DaasYochid ☕ParticipantWolf,
Charlie referred to someone’s snide remark about Rabbi Weiss, so it was fair for someone to identify which Rabbi Weiss was being referred to.
June 19, 2011 3:41 pm at 3:41 pm #778497WolfishMusingsParticipantso it was fair for someone to identify which Rabbi Weiss was being referred to.
In the original thread, it was made clear that it was Rabbi Avi Weiss.
The Wolf
June 19, 2011 7:26 pm at 7:26 pm #778498☕ DaasYochid ☕ParticipantIn the original thread, it was made clear that it was Rabbi Avi Weiss.
In this thread it was, as well, but both Avi and Weiss are not uncommon names (and every other Jew seems to be called Rabbi! ? )
June 20, 2011 2:31 am at 2:31 am #778499☕️coffee addictParticipantThis explains a lot
June 20, 2011 9:19 pm at 9:19 pm #778500cokeMembercoffee- abotu what?
June 20, 2011 9:51 pm at 9:51 pm #778501☕️coffee addictParticipantabout charlie’s views
charlie if I personally offended you I’m sorry
June 20, 2011 10:08 pm at 10:08 pm #778502charliehallParticipant“charlie if I personally offended you I’m sorry”
I’m not sure that you did, but if you did, you are forgiven.
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