In the Talmud there are some passages that give some people pause. I would like to say that I asked David Bronson in Uman about some passages that were bothering me and his answer was to open the particular passage and see what it is actually saying. Most times that cleared up the issue. But that does not mean there are no good questions or that everything in the Talmud is 100%. Rather the Talmud is an approximation of the Oral Law. It is how the Oral Law had been handed down and written down. But there are differences between things that are directly from Mount Sinai and things that were judged to be so by one court of law in one generation that can be overturned by a later court if the later court is greater in wisdom and number.
But in any case, there were some passages that were brought to my attention that I would like to address.
One is a case brought that a person tied up another and put him in his basement--he is not judged guilty of the death penalty. That is in Bava Kama dealing with laws of causing indirect damage. So the Gemara there does not go into the issue in more detail as it does in Sanhedrin where the actual subject of murder comes up. There in Sanhedrin it is brought that when you have a murderer who has murdered but without the condition that would make him judged guilty accoutring to the laws of the Torah but you still know he did murder, you take him in a cell and give him dry barley until he dies
The idea is that in the Torah it is hard to actually incur the death penalty since the conditions are hard to come by. That is there has to be two witness that see the act and the act has to be direct--not by indirect causation and there has to be a warning by the witness right before the act saying to him, "If you do this you will incur the death penalty because of such and such a verse."
But in any case, there were some passages that were brought to my attention that I would like to address.
One is a case brought that a person tied up another and put him in his basement--he is not judged guilty of the death penalty. That is in Bava Kama dealing with laws of causing indirect damage. So the Gemara there does not go into the issue in more detail as it does in Sanhedrin where the actual subject of murder comes up. There in Sanhedrin it is brought that when you have a murderer who has murdered but without the condition that would make him judged guilty accoutring to the laws of the Torah but you still know he did murder, you take him in a cell and give him dry barley until he dies
The idea is that in the Torah it is hard to actually incur the death penalty since the conditions are hard to come by. That is there has to be two witness that see the act and the act has to be direct--not by indirect causation and there has to be a warning by the witness right before the act saying to him, "If you do this you will incur the death penalty because of such and such a verse."
