If a man sees his wife cheating, can he kill both on the spot?

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In Judaism, if a man walks into his wife having sex with another man, is he permitted to kill both, the other man and his wife, on the spot?










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  • Any source? I'm asking for the particual view of Torah. Not halacha/shulchan aruch
    – Anonymous
    2 hours ago














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In Judaism, if a man walks into his wife having sex with another man, is he permitted to kill both, the other man and his wife, on the spot?










share|improve this question























  • Any source? I'm asking for the particual view of Torah. Not halacha/shulchan aruch
    – Anonymous
    2 hours ago












up vote
1
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favorite









up vote
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favorite











In Judaism, if a man walks into his wife having sex with another man, is he permitted to kill both, the other man and his wife, on the spot?










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In Judaism, if a man walks into his wife having sex with another man, is he permitted to kill both, the other man and his wife, on the spot?







halacha arayot






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edited 7 mins ago









Al Berko

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asked 2 hours ago









Anonymous

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  • Any source? I'm asking for the particual view of Torah. Not halacha/shulchan aruch
    – Anonymous
    2 hours ago
















  • Any source? I'm asking for the particual view of Torah. Not halacha/shulchan aruch
    – Anonymous
    2 hours ago















Any source? I'm asking for the particual view of Torah. Not halacha/shulchan aruch
– Anonymous
2 hours ago




Any source? I'm asking for the particual view of Torah. Not halacha/shulchan aruch
– Anonymous
2 hours ago










2 Answers
2






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up vote
3
down vote













Absolutely not.




If a man commits adultery with a married woman, committing adultery
with another man’s wife, the adulterer and the adulteress shall be put
to death. (Vayikra 20:10) (see also Vayikra 18:20)




And the punishment for this is strangulation as Rabbeinu Yonah writes in Shaarei Tshuva (3:129-130)




The following sinners are executed by chenek (strangulation) [...]
one who cohabits with a married woman.




However the only body that can sentence someone to death is the Sanhedrin which has ceased to exist (Sanhedrin 41a). The punishment nowadays is therefore left to God



Indeed the next sentence in Shaarei Tshuva is




Our Sages of blessed memory said From the days the Temple was
destroyed, even though the four death penalties of beit din have
ceased, the punishment of the four death penalties has not ceased
[i.e., the sinner dies in a manner similar to the penalty prescribed
for him] [...] one is liable to chenek either drowns in a river or
dies in a choking disease.







share|improve this answer






















  • Solid answer. Did I got it right that Torah itself doesn't specify the method of death? The strangulation part is from a non-Torah source.
    – Anonymous
    1 hour ago






  • 1




    Rashi on that verse says that "shall be put to death" without other mention means strangulation. Source is Sanhedrin 52b
    – mbloch
    1 hour ago










  • Who came up with the idea that a non-specified execution method has to be strangulation? Why did the sages feel the need to give a specific execution method for 'shall be put to death'?
    – Anonymous
    1 hour ago











  • Nevermind, this kind of conversation probably leads nowhere. 'The sages said that and that's why it has to be exactly like this'. In my opinion, I feel like g-d doesn't care whether we kill an adulterer by strangulation or 'with the edge of the sword'. But I'm grateful for your Torah source!
    – Anonymous
    1 hour ago






  • 1




    @Anonymous much of the work of the gemara is to extract from the text of the Torah the halachot needed to implement it. There are many principles how to do this (see e.g., here) In addition, many additional commandments were transmitted by God to Moses and form the basis of the Oral Law (mishna). The gemara in Sanhedrin 52b I quoted above is an example of these applied to the question of which death penalty is prescribed for adultery. Sometimes, the gemara will discuss different reasons for a certain outcome but all agree on the outcome
    – mbloch
    1 hour ago

















up vote
0
down vote













To elaborate mbloch's point, and answer your comments:



#1. AFAIK, there are only a couple of cases when one is allowed to kill a Jew without being killed himself (by the court):



  1. In the case of a Rodef (pursuer), one is allowed to kill him without bringing the pursuer to justice.


  2. In the case of one who was sentenced to death by the court and got away.


In all other cases, a transgressor(s) must be brought to justice. In other words, if you kill a person that violated any capital sin without a trial, you'll be sentenced to death (in general. Of course it requires witnesses and all the accepted procedures).



#2. Assuming the wife is Jewish, A man has no special rights toward his wife, and legally, she's just another person, the husband can not beat her or injure her or kill her (see below).



#3. Halachicly-wise it might be permitted to judge and execute a non-Jew




In your case, if you're interested in killing the person you should provide two independent witnesses that would testify what you saw. (THere's a dispute in Sanhedrin 5-6, I think, if a husband can testify against his wife - פלגא דיבורא?)





share




























    2 Answers
    2






    active

    oldest

    votes








    2 Answers
    2






    active

    oldest

    votes









    active

    oldest

    votes






    active

    oldest

    votes








    up vote
    3
    down vote













    Absolutely not.




    If a man commits adultery with a married woman, committing adultery
    with another man’s wife, the adulterer and the adulteress shall be put
    to death. (Vayikra 20:10) (see also Vayikra 18:20)




    And the punishment for this is strangulation as Rabbeinu Yonah writes in Shaarei Tshuva (3:129-130)




    The following sinners are executed by chenek (strangulation) [...]
    one who cohabits with a married woman.




    However the only body that can sentence someone to death is the Sanhedrin which has ceased to exist (Sanhedrin 41a). The punishment nowadays is therefore left to God



    Indeed the next sentence in Shaarei Tshuva is




    Our Sages of blessed memory said From the days the Temple was
    destroyed, even though the four death penalties of beit din have
    ceased, the punishment of the four death penalties has not ceased
    [i.e., the sinner dies in a manner similar to the penalty prescribed
    for him] [...] one is liable to chenek either drowns in a river or
    dies in a choking disease.







    share|improve this answer






















    • Solid answer. Did I got it right that Torah itself doesn't specify the method of death? The strangulation part is from a non-Torah source.
      – Anonymous
      1 hour ago






    • 1




      Rashi on that verse says that "shall be put to death" without other mention means strangulation. Source is Sanhedrin 52b
      – mbloch
      1 hour ago










    • Who came up with the idea that a non-specified execution method has to be strangulation? Why did the sages feel the need to give a specific execution method for 'shall be put to death'?
      – Anonymous
      1 hour ago











    • Nevermind, this kind of conversation probably leads nowhere. 'The sages said that and that's why it has to be exactly like this'. In my opinion, I feel like g-d doesn't care whether we kill an adulterer by strangulation or 'with the edge of the sword'. But I'm grateful for your Torah source!
      – Anonymous
      1 hour ago






    • 1




      @Anonymous much of the work of the gemara is to extract from the text of the Torah the halachot needed to implement it. There are many principles how to do this (see e.g., here) In addition, many additional commandments were transmitted by God to Moses and form the basis of the Oral Law (mishna). The gemara in Sanhedrin 52b I quoted above is an example of these applied to the question of which death penalty is prescribed for adultery. Sometimes, the gemara will discuss different reasons for a certain outcome but all agree on the outcome
      – mbloch
      1 hour ago














    up vote
    3
    down vote













    Absolutely not.




    If a man commits adultery with a married woman, committing adultery
    with another man’s wife, the adulterer and the adulteress shall be put
    to death. (Vayikra 20:10) (see also Vayikra 18:20)




    And the punishment for this is strangulation as Rabbeinu Yonah writes in Shaarei Tshuva (3:129-130)




    The following sinners are executed by chenek (strangulation) [...]
    one who cohabits with a married woman.




    However the only body that can sentence someone to death is the Sanhedrin which has ceased to exist (Sanhedrin 41a). The punishment nowadays is therefore left to God



    Indeed the next sentence in Shaarei Tshuva is




    Our Sages of blessed memory said From the days the Temple was
    destroyed, even though the four death penalties of beit din have
    ceased, the punishment of the four death penalties has not ceased
    [i.e., the sinner dies in a manner similar to the penalty prescribed
    for him] [...] one is liable to chenek either drowns in a river or
    dies in a choking disease.







    share|improve this answer






















    • Solid answer. Did I got it right that Torah itself doesn't specify the method of death? The strangulation part is from a non-Torah source.
      – Anonymous
      1 hour ago






    • 1




      Rashi on that verse says that "shall be put to death" without other mention means strangulation. Source is Sanhedrin 52b
      – mbloch
      1 hour ago










    • Who came up with the idea that a non-specified execution method has to be strangulation? Why did the sages feel the need to give a specific execution method for 'shall be put to death'?
      – Anonymous
      1 hour ago











    • Nevermind, this kind of conversation probably leads nowhere. 'The sages said that and that's why it has to be exactly like this'. In my opinion, I feel like g-d doesn't care whether we kill an adulterer by strangulation or 'with the edge of the sword'. But I'm grateful for your Torah source!
      – Anonymous
      1 hour ago






    • 1




      @Anonymous much of the work of the gemara is to extract from the text of the Torah the halachot needed to implement it. There are many principles how to do this (see e.g., here) In addition, many additional commandments were transmitted by God to Moses and form the basis of the Oral Law (mishna). The gemara in Sanhedrin 52b I quoted above is an example of these applied to the question of which death penalty is prescribed for adultery. Sometimes, the gemara will discuss different reasons for a certain outcome but all agree on the outcome
      – mbloch
      1 hour ago












    up vote
    3
    down vote










    up vote
    3
    down vote









    Absolutely not.




    If a man commits adultery with a married woman, committing adultery
    with another man’s wife, the adulterer and the adulteress shall be put
    to death. (Vayikra 20:10) (see also Vayikra 18:20)




    And the punishment for this is strangulation as Rabbeinu Yonah writes in Shaarei Tshuva (3:129-130)




    The following sinners are executed by chenek (strangulation) [...]
    one who cohabits with a married woman.




    However the only body that can sentence someone to death is the Sanhedrin which has ceased to exist (Sanhedrin 41a). The punishment nowadays is therefore left to God



    Indeed the next sentence in Shaarei Tshuva is




    Our Sages of blessed memory said From the days the Temple was
    destroyed, even though the four death penalties of beit din have
    ceased, the punishment of the four death penalties has not ceased
    [i.e., the sinner dies in a manner similar to the penalty prescribed
    for him] [...] one is liable to chenek either drowns in a river or
    dies in a choking disease.







    share|improve this answer














    Absolutely not.




    If a man commits adultery with a married woman, committing adultery
    with another man’s wife, the adulterer and the adulteress shall be put
    to death. (Vayikra 20:10) (see also Vayikra 18:20)




    And the punishment for this is strangulation as Rabbeinu Yonah writes in Shaarei Tshuva (3:129-130)




    The following sinners are executed by chenek (strangulation) [...]
    one who cohabits with a married woman.




    However the only body that can sentence someone to death is the Sanhedrin which has ceased to exist (Sanhedrin 41a). The punishment nowadays is therefore left to God



    Indeed the next sentence in Shaarei Tshuva is




    Our Sages of blessed memory said From the days the Temple was
    destroyed, even though the four death penalties of beit din have
    ceased, the punishment of the four death penalties has not ceased
    [i.e., the sinner dies in a manner similar to the penalty prescribed
    for him] [...] one is liable to chenek either drowns in a river or
    dies in a choking disease.








    share|improve this answer














    share|improve this answer



    share|improve this answer








    edited 2 hours ago

























    answered 2 hours ago









    mbloch

    20.6k33997




    20.6k33997











    • Solid answer. Did I got it right that Torah itself doesn't specify the method of death? The strangulation part is from a non-Torah source.
      – Anonymous
      1 hour ago






    • 1




      Rashi on that verse says that "shall be put to death" without other mention means strangulation. Source is Sanhedrin 52b
      – mbloch
      1 hour ago










    • Who came up with the idea that a non-specified execution method has to be strangulation? Why did the sages feel the need to give a specific execution method for 'shall be put to death'?
      – Anonymous
      1 hour ago











    • Nevermind, this kind of conversation probably leads nowhere. 'The sages said that and that's why it has to be exactly like this'. In my opinion, I feel like g-d doesn't care whether we kill an adulterer by strangulation or 'with the edge of the sword'. But I'm grateful for your Torah source!
      – Anonymous
      1 hour ago






    • 1




      @Anonymous much of the work of the gemara is to extract from the text of the Torah the halachot needed to implement it. There are many principles how to do this (see e.g., here) In addition, many additional commandments were transmitted by God to Moses and form the basis of the Oral Law (mishna). The gemara in Sanhedrin 52b I quoted above is an example of these applied to the question of which death penalty is prescribed for adultery. Sometimes, the gemara will discuss different reasons for a certain outcome but all agree on the outcome
      – mbloch
      1 hour ago
















    • Solid answer. Did I got it right that Torah itself doesn't specify the method of death? The strangulation part is from a non-Torah source.
      – Anonymous
      1 hour ago






    • 1




      Rashi on that verse says that "shall be put to death" without other mention means strangulation. Source is Sanhedrin 52b
      – mbloch
      1 hour ago










    • Who came up with the idea that a non-specified execution method has to be strangulation? Why did the sages feel the need to give a specific execution method for 'shall be put to death'?
      – Anonymous
      1 hour ago











    • Nevermind, this kind of conversation probably leads nowhere. 'The sages said that and that's why it has to be exactly like this'. In my opinion, I feel like g-d doesn't care whether we kill an adulterer by strangulation or 'with the edge of the sword'. But I'm grateful for your Torah source!
      – Anonymous
      1 hour ago






    • 1




      @Anonymous much of the work of the gemara is to extract from the text of the Torah the halachot needed to implement it. There are many principles how to do this (see e.g., here) In addition, many additional commandments were transmitted by God to Moses and form the basis of the Oral Law (mishna). The gemara in Sanhedrin 52b I quoted above is an example of these applied to the question of which death penalty is prescribed for adultery. Sometimes, the gemara will discuss different reasons for a certain outcome but all agree on the outcome
      – mbloch
      1 hour ago















    Solid answer. Did I got it right that Torah itself doesn't specify the method of death? The strangulation part is from a non-Torah source.
    – Anonymous
    1 hour ago




    Solid answer. Did I got it right that Torah itself doesn't specify the method of death? The strangulation part is from a non-Torah source.
    – Anonymous
    1 hour ago




    1




    1




    Rashi on that verse says that "shall be put to death" without other mention means strangulation. Source is Sanhedrin 52b
    – mbloch
    1 hour ago




    Rashi on that verse says that "shall be put to death" without other mention means strangulation. Source is Sanhedrin 52b
    – mbloch
    1 hour ago












    Who came up with the idea that a non-specified execution method has to be strangulation? Why did the sages feel the need to give a specific execution method for 'shall be put to death'?
    – Anonymous
    1 hour ago





    Who came up with the idea that a non-specified execution method has to be strangulation? Why did the sages feel the need to give a specific execution method for 'shall be put to death'?
    – Anonymous
    1 hour ago













    Nevermind, this kind of conversation probably leads nowhere. 'The sages said that and that's why it has to be exactly like this'. In my opinion, I feel like g-d doesn't care whether we kill an adulterer by strangulation or 'with the edge of the sword'. But I'm grateful for your Torah source!
    – Anonymous
    1 hour ago




    Nevermind, this kind of conversation probably leads nowhere. 'The sages said that and that's why it has to be exactly like this'. In my opinion, I feel like g-d doesn't care whether we kill an adulterer by strangulation or 'with the edge of the sword'. But I'm grateful for your Torah source!
    – Anonymous
    1 hour ago




    1




    1




    @Anonymous much of the work of the gemara is to extract from the text of the Torah the halachot needed to implement it. There are many principles how to do this (see e.g., here) In addition, many additional commandments were transmitted by God to Moses and form the basis of the Oral Law (mishna). The gemara in Sanhedrin 52b I quoted above is an example of these applied to the question of which death penalty is prescribed for adultery. Sometimes, the gemara will discuss different reasons for a certain outcome but all agree on the outcome
    – mbloch
    1 hour ago




    @Anonymous much of the work of the gemara is to extract from the text of the Torah the halachot needed to implement it. There are many principles how to do this (see e.g., here) In addition, many additional commandments were transmitted by God to Moses and form the basis of the Oral Law (mishna). The gemara in Sanhedrin 52b I quoted above is an example of these applied to the question of which death penalty is prescribed for adultery. Sometimes, the gemara will discuss different reasons for a certain outcome but all agree on the outcome
    – mbloch
    1 hour ago










    up vote
    0
    down vote













    To elaborate mbloch's point, and answer your comments:



    #1. AFAIK, there are only a couple of cases when one is allowed to kill a Jew without being killed himself (by the court):



    1. In the case of a Rodef (pursuer), one is allowed to kill him without bringing the pursuer to justice.


    2. In the case of one who was sentenced to death by the court and got away.


    In all other cases, a transgressor(s) must be brought to justice. In other words, if you kill a person that violated any capital sin without a trial, you'll be sentenced to death (in general. Of course it requires witnesses and all the accepted procedures).



    #2. Assuming the wife is Jewish, A man has no special rights toward his wife, and legally, she's just another person, the husband can not beat her or injure her or kill her (see below).



    #3. Halachicly-wise it might be permitted to judge and execute a non-Jew




    In your case, if you're interested in killing the person you should provide two independent witnesses that would testify what you saw. (THere's a dispute in Sanhedrin 5-6, I think, if a husband can testify against his wife - פלגא דיבורא?)





    share
























      up vote
      0
      down vote













      To elaborate mbloch's point, and answer your comments:



      #1. AFAIK, there are only a couple of cases when one is allowed to kill a Jew without being killed himself (by the court):



      1. In the case of a Rodef (pursuer), one is allowed to kill him without bringing the pursuer to justice.


      2. In the case of one who was sentenced to death by the court and got away.


      In all other cases, a transgressor(s) must be brought to justice. In other words, if you kill a person that violated any capital sin without a trial, you'll be sentenced to death (in general. Of course it requires witnesses and all the accepted procedures).



      #2. Assuming the wife is Jewish, A man has no special rights toward his wife, and legally, she's just another person, the husband can not beat her or injure her or kill her (see below).



      #3. Halachicly-wise it might be permitted to judge and execute a non-Jew




      In your case, if you're interested in killing the person you should provide two independent witnesses that would testify what you saw. (THere's a dispute in Sanhedrin 5-6, I think, if a husband can testify against his wife - פלגא דיבורא?)





      share






















        up vote
        0
        down vote










        up vote
        0
        down vote









        To elaborate mbloch's point, and answer your comments:



        #1. AFAIK, there are only a couple of cases when one is allowed to kill a Jew without being killed himself (by the court):



        1. In the case of a Rodef (pursuer), one is allowed to kill him without bringing the pursuer to justice.


        2. In the case of one who was sentenced to death by the court and got away.


        In all other cases, a transgressor(s) must be brought to justice. In other words, if you kill a person that violated any capital sin without a trial, you'll be sentenced to death (in general. Of course it requires witnesses and all the accepted procedures).



        #2. Assuming the wife is Jewish, A man has no special rights toward his wife, and legally, she's just another person, the husband can not beat her or injure her or kill her (see below).



        #3. Halachicly-wise it might be permitted to judge and execute a non-Jew




        In your case, if you're interested in killing the person you should provide two independent witnesses that would testify what you saw. (THere's a dispute in Sanhedrin 5-6, I think, if a husband can testify against his wife - פלגא דיבורא?)





        share












        To elaborate mbloch's point, and answer your comments:



        #1. AFAIK, there are only a couple of cases when one is allowed to kill a Jew without being killed himself (by the court):



        1. In the case of a Rodef (pursuer), one is allowed to kill him without bringing the pursuer to justice.


        2. In the case of one who was sentenced to death by the court and got away.


        In all other cases, a transgressor(s) must be brought to justice. In other words, if you kill a person that violated any capital sin without a trial, you'll be sentenced to death (in general. Of course it requires witnesses and all the accepted procedures).



        #2. Assuming the wife is Jewish, A man has no special rights toward his wife, and legally, she's just another person, the husband can not beat her or injure her or kill her (see below).



        #3. Halachicly-wise it might be permitted to judge and execute a non-Jew




        In your case, if you're interested in killing the person you should provide two independent witnesses that would testify what you saw. (THere's a dispute in Sanhedrin 5-6, I think, if a husband can testify against his wife - פלגא דיבורא?)






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        Al Berko

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