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16.6.15

The Ten Commandments are the basic principles of Torah but they are also Law.
That is we have in Torah some laws that are personal morality laws. And other are laws that are given to be actual law. This is one area in which  people are  confused. They think the Torah has only personal morality laws. That is not true. Most of the laws of the Torah are the Constitution of the people of Israel that was given by God and can't ever be abridged or amended.
But the Ten Commandments have both aspects. They are principles of personal morality, and also  are enforceable legal laws.

In any case the aspect of the Ten Commandments that is legal jurisprudence is more limited than the principles that they represent.

(1) For example "Thou shalt not bear false witness." Every lie a person says does not make him liable to the death penalty. So even though every lie is included in this prohibition, not every lie is liable the death penalty, but some are; for example עדים זוממים. That is when you have two witnesses that come to court and say, "We saw John Smith  having sex with another male and we gave him warning beforehand and told him 'If you do this you will get the death penalty.' And he said, 'I understand and even so I do this.'"

And then two witnesses come to court and say to the first two witnesses, "How could you have seen this? You will with us  the whole day in this other city?"

The first two get the death penalty for their false testimony.

(2) Another example is not to do idolatry. Not every act of idolatry gets the death penalty;- only the four services or service according the the usual way that idol is worshiped. Idolatry to be liable needs a physical object. There has to be something tangible that the two witness can say to john smith "If you bow to this [or do it regular service] you will get the death penalty." And he has to acknowledge the warning and say, "I understands and even so I do it." But still there is a large variety of things one can do to transgress the prohibition without being liable


(3) לא תגנוב "Thou shalt not steal". Not everything that a person steals gets him the death penalty. As far as jurisprudence goes the "Thou shalt not steal" goes on taking children from their parents. People that do this get the death penalty. Even if they think they are doing a mitzvah.
But as a principle it means that in any way money or anything gets into one's possession that does not belong there according to the law of the Torah is stealing.

(4) לא תנאף Thou shalt not commit adultery. ניאוף [adultery] has only one definition. It has a legal meaning. And that is only one specific act. Sex with a married woman. But when is a woman married? It is not the Chupa. It is ארוסין "espousal." That is the man says to the woman, "You are married to me by this ring or document," in front of two witnesses, and she accepts by her free will, then she is married. But she does not live with him until נישואין which could be much later.
 But there are other acts of sexual intercourse which have the death penalty which are not ניאוף adultery. For example homosexuals do get the death penalty.But as above it has to be in front of two witnesses, or else they might admit it themselves. That is they might come to court and ask to get married. And the judges look at each other wondering what that could mean. And then they explain. In that case they would by their own admission get the death penalty. הודאת פיו כמאה עדים דמי




I could go on, but you get the idea. Now this idea that Ten Commandments are principles of Torah beyond actual legal measures is well established


Appendix:

 It is a mistake to think people will not take their beliefs the the absolute extreme given a chance.
In Washington State also, Aaron and Melissa Klein also refused to make a wedding cake for a lesbian wedding, and have been been threaten, by an administrative law judge no less, with a fine of $135,000, even though gay weddings weren't even legal in Washington when their supposed "offense" took place. The fine can be imposed with assent of the Stare "labor commissioner," who, of course, has no more real judicial authority than an administrative law judge.Donald and Evelyn Knapp have been ordered to perform gay weddings in their wedding chapel, with the threat of 180 days in jail and a $1000 fine for each "civil rights" offense, which means every day that they don't do it.