Q&A: Court-Imposed Death Penalties
Court-Imposed Death Penalties
Question
The Ran’s well-known comments in Nedarim 16 state that one can prohibit by a vow even something from which there is no benefit, such as mere touching, and a person can prohibit himself from touching a certain object. And the Nimukei Yosef there adds that the same applies to prohibiting others from touching his objects (which is itself a novel idea—that he has ownership over such a thing).
If so, a person who has become liable to death or lashes, etc.—which obviously requires at least touching him—could stand up and prohibit himself from being touched by the court’s agent, and then the agent would be unable to punish him because he would be causing him to violate a prohibition.
And according to the above Nimukei Yosef, perhaps he could prohibit the court’s agent from touching his body, and then if the agent touched him in order to punish him, he would thereby violate a prohibition.
Answer
Well, that’s pilpul. But if you insist on getting an answer, here are two:
- Either say that a positive commandment of the public overrides the prohibition of the vow (even though it also contains a positive element, it can still be dissolved by petition).
- Or say that the vow does not take effect when the matter is not under his control, and when there is an obligation to execute him, the right to touch him is not his but the public’s, and therefore he cannot prohibit it to the public.
Discussion on Answer
Ackerman, more power to you for your question.
But there one could say that a positive commandment overrides a prohibition, whereas here it is a positive commandment plus a prohibition.
And aside from the above, in the case of a woman this is a prohibition of deriving benefit, and for the sake of a commandment deriving benefit is not forbidden—either because commandments were not given for personal enjoyment, or because he is preoccupied with the commandment, just as a doctor is permitted.
Before asking about someone who prohibited the court’s agent from touching him, ask about a woman, whom it is also forbidden to touch, when the male witnesses stone her or the male priest uncovers her head.