NUM405 Someone accused of a capital offence shall not be put to death before he is given a fair trial. Any capital punishment case is a very serious matter, and extreme care must be taken. Qualified judges must hear the case, and they are commanded to make every effort to find a reason to acquit the accused and save him from the death penalty, provided, of course, that they stay within the bounds of justice. Witnesses are forbidden to judge the case, for having personally seen what transpired, they might be incapable of energetic efforts to find a reason to acquit the accused, for in their hearts they already might have decided that he is guilty.

SHOW FULL EXCERPT

NUM406 See [[LEV795]] Leviticus 19:34 love OXFORD 46-7

SHOW FULL EXCERPT

NUM407 There are two specific scenarios in which the emotion of revenge is most natural, and the Torah allows the emotion to be acted upon, but only in a supervised manner. The first case involves witnesses to a heinous crime who see a murderer killing an innocent person in cold blood. It is very natural for anyone seeing such an act to try to avenge the innocent victim and take revenge upon that murderer. Jewish law does not allow the witness to "take the law into his own hands" and kill that murderer on the spot as an act of revenge, no matter how justified. Rather, the witness must alert the authorities and bring this evil person to a court proceeding and then testify there (Maimonides, Hilchot Rotze'ach 1:5). But the feelings of that witness are still inside. It is for this reason that when the murderer is found guilty, the Torah commands that the witnesses actually take their active revenge by being the first to kill the murderer in the court supervised execution (Deuteronomy 17:7) In describing this execution, Maimonides emphasizes how it is the witnesses who must take the lead in the execution (Maimonides, Hilchot Rotze'ach 15:1). There are often others involved in every murder case who feel an even greater desire to take revenge against the murderer--the relatives of the victim. The Torah acknowledges these intense feelings of revenge and says that under certain circumstances, the relative of a murdered person can indeed take revenge and killed a murderer [this verse]. When there is a case of deliberate and intentional murder, Maimonides rules that the relatives, those who stand to inherit, are like the witnesses and therefore at the forefront of the execution (Maimonides, Hilchot Rotze'ach 1:2) Thus, their sense of attribution can be satisfied by taking part in the killing of the person who murdered the relative.

SHOW FULL EXCERPT

NUM408 (Continued from [[EXOD720]] Exodus 17:14 Amalek BLOCH 65). The desire to eradicate bloodshed was paradoxically responsible for the biblical tolerance of the institution of the blood-avenger. A blood-avenger was an heir of a victim of murder who considered it his duty to avenge the death of his kin by killing the murderer [this verse]. This practice most likely originated in the distant past prior to the establishment of competent criminal courts. Avenging a kin's death was a debt of honor. There were also some who believed that the victim's soul would find no rest until the killer was destroyed. Moved by such emotional considerations, a blood-avenger would neither understand nor comply with any law which attempted to suppress his right to avenge his kin's death. The Bible intimates that God took into consideration the "heat of anger" of an avenger (Deuteronomy 19:6). The practice was therefor left undisturbed by the Pentateuch, in the words of Maimonides, "in its great zeal to eradicate bloodshed" (Mishneh Torah, Hilchot Rotzeach 1:4). However, the Bible imposed limitations on the avenger's right to take the law into his own hands. Thus, while tolerating the practice, it practically illuminated it. The avenger was permitted to catch the killer, but he could not execute him until such time as the suspect was convicted by a court (Numbers 35:12). In the event that the homicide was unintentional, the killer was granted sanctuary in cities of refuge (Numbers 35:11). In time, the law of the avenger became obsolete. (Continued at [[EXOD592]] Exodus 21:24 eye BLOCH 66-7).

SHOW FULL EXCERPT

NUM409 See [[EXOD591]] Exodus 21:24 eye BLOCH 61-2 and Numbers 35:19 death BLOCH 65-6

SHOW FULL EXCERPT

NUM410 Anyone found guilty of unintentional manslaughter is sent by the court to a refuge city; the killer, too, as a mitzvah to go to such a city. To murder someone is a terribly grave sin, for killing destroys the world. Our Sages teach that if someone intentionally kills another, he will not escape judgment--even if he had fulfilled all of the mitzvos. Therefore, even if someone kills another person unintentionally, since he is the cause of such a terrible mishap, it is fitting that he suffer the torment and misery of exile, for exile is almost as bad as death. Going into exile means leaving one’s homeland, friends and loved ones, and having to dwell all of one’s days among strangers. In addition, the mitzvah contains an element of salvation, for upon reaching the refuge city, the person who killed unintentionally no longer is in danger of being unjustly killed by his victim’s “blood redeemer,” who might seek to avenge his relative’s death. Also, exile has the benefit that the relatives of the victim do not suffer seeing their loved one’s killer on a regular basis. Such would be extremely distressing for them, so the Torah, all of whose ways are pleasant, provides a solution.

SHOW FULL EXCERPT

NUM411 (Continued from [[DEUT1382]] Deuteronomy 24:15 poor SPERO 52-3). In dealing with punishment, which is, in a sense, an area bain adam le-chavero, the rabbis were guided by the principle "and the congregation shall deliver" [this verse] to lean toward leniency and mercy in their interpretations.

SHOW FULL EXCERPT

NUM412 See [[NUM417]] Numbers 35:30 murderer SPERO 239-40

SHOW FULL EXCERPT

NUM413 See [[NUM416]] Numbers 35:28 refuge SACKS 269

SHOW FULL EXCERPT

NUM414 See [[NUM416]] Numbers 35:28 refuge SACKS 269

SHOW FULL EXCERPT