Law And Order
‘R. Elazar b. R. Shimon Would Apprehend Thieves …’
(Bava Metzia 83b)
Our daf relates that R. Elazar b. R. Shimon, under orders from the Roman government, would apprehend thieves and other sinners and mete out punishment to them.
The Ritva (Bava Metzia ad loc.) questions the halachic basis of R. Elazar’s behavior on two counts. First, he seemingly meted out punishment on mere circumstantial evidence, without the required hasra’ah (warning). Second, R. Elazar lived after the Beth Hamikdash was destroyed and, as such, did not have the authority to impose corporal punishment.
Capital Punishment
The Gemara (Yevamos 90b) relates that under Greek rule, beis din imposed capital punishment on a man who rode his horse on Shabbos in transgression of a rabbinic injunction. The Gemara explains that although halacha does not call for such a severe punishment, Chazal are empowered to enact emergency measures, which might even include capital punishment.
The People’s Court
Based on this statement in the Gemara, the Mechaber (Choshen Mishpat 2:1) rules that even in our times, when we lack properly-ordained judges (smuchin), beis din is empowered to mete out the most severe punishment when necessary to ensure the public’s continued commitment to mitzvos. However, the Macheber says that only a leading sage or communal officers accepted by the community may impose such a punishment.
Thus, we can now understand R. Elazar’s behavior. He punished criminals, even imposing the death penalty, because he detected a general lawlessness in Jewish society.
The Ritva, however, rejects this explanation; he writes that only duly-ordained judges possess such latitude to dispense justice. If so, how do we explain R. Elazar’s behavior? The Ritva suggests that a rabbi or beis din may act as R. Elazar did if empowered to do so by the king and if it is in the public’s best interest.
Due Process
Today, however, governments (in Western countries) do not possess such latitude to dispense justice; rather, there are laws on the books and everyone is entitled to due process. As such, beis din cannot act with such latitude either.