Conceptual analysis in Halacha
Is the following sentence conceptually acceptable: “Ruler x (Rambam/Shulchan Aruch) ruled that offense x is a prohibition of cutting”?
The question of whether a particular offense is a prohibition against cutting or not is a question of fact. Is it possible to rule on it?
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But the determination of whether the appropriate punishment is amputation is a determination given only to the Torah. The question is whether this is indeed what the Torah said. No?
That's right, and that's what the discussion is about. Also, determining what is forbidden in the Torah is reserved only for the Torah, and they are still discussing and arguing about it.
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