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The foundation of Justice involves an equal punishment for an equal crime. This is what is known as an "eye for an eye." A murderer will be killed, a thief will be "robbed," a conspirator will be conspired against, and a violator will be violated. There is no doubt, this is Just. The only objection comes from the corrupt, and those who pity the unjust. Those who pity criminals lower themselves to their level, perhaps that they too might be pitied for their crimes. But pity the righteous and the innocent, and you'll find that retribution can never undo their suffering, and the punishment of the corrupt can never be harsh enough... Yet Justice is not based upon pity; it is not based upon opinions and emotions; Justice is the Law of G-d; it is based upon Reason, by all Fairness, and beyond the bias of perspective. People will not debase themselves within flesh and serve dust--for G-d is our Judge and His Spirit is in us. Justice Will be served, for Israel will become a nation of G-d.
No crime: "You shall not kill...you shall not steal; you shall not bear false witness against your fellow." (Exodus 20:13).
Murder and manslaughter: "One who strikes a man, so that he dies, shall surely die. But for one who had not lain in ambush and G-d had caused it to come to his hand, I Shall Provide you a place to which he shall flee. Yet if a man shall act intentionally against his fellow to kill him with guile, even from My Altar shall you take him to die." (Exodus 21:12-14). "...And a man--if he strikes mortally any human life, he shall be put to death." (Leviticus 24:17). "'Accursed is one who strikes his fellow stealthily,' And the entire people shall say, 'Amen.'" (Deuteronomy 27:24). "Any condemned person who has been banned from mankind shall not be redeemed; he shall be put to death." (Leviticus 27:29).
A murderer will be put to death; he will not sit in jail, for he must die. But one who kills unintentionally does not deserve to die, for it was an accident--he will flee to the nearest city of refuge, and live there according to the terms of his judgement, unless he is completely absolved of his crime, having been innocent of any guilt. One who kills in self defense will be completely innocent, even though he killed his assailant intentionally; but a convicted person will remain guilty. A murderer can never be absolved of his crime, and wherever he may flee, he will die; "even from My Altar shall you take him to die."
Hit man and corruption: "'Accursed is one who takes a bribe to kill a person of innocent blood.' And the entire people shall say, 'Amen.'" (Deuteronomy 27:25). If a judge is bribed and kills an innocent person, both the judge and the one who bribed him will be killed, as would the hit man and his employer be guilty of murder. An accomplice to the murder, who was involved in the decision, the planning, and the execution, will be killed with the murderer. But one who did not know, would be innocent, unless he was involved unknowingly and caused a person to be murdered unintentionally--in which case he would flee to the city of refuge, according to the terms of his judgement. A person who knew of the murderer's intent and was an accomplice by not warning anyone--would be guilty according to how much he knew and if he knew with certainty, for this would affect his role as an "accomplice" to the crime, even though he was not involved in the execution. He too will flee to the city of refuge according to his judgement. And if a person who was an accomplice to the murder, was minorly involved by providing a weapon or information, when he knew it would be used for evil--he too will be guilty, and will be judged according to the extent of his involvement.
However, if a person would assassinate a rebellious or a guilty man, thus taking the Law into his own hands--as a redeemer of the blood, and acting by the Will of G-d--that man would be innocent, for he had acted Justly. Likewise, a person who kills an enemy of Israel will not be considered a murderer, for he is like a soldier who kills the enemy in war. Nonetheless, these people must be questioned and tried before being absolved of their "crime," lest the Land fall into anarchy and these people would be seen rebels... At the moment Israel does not live according to G-d. The enemy attacks Israel freely, both from within and from without, and even the officials of Israel are rebels of G-d. Thus, for there to be Justice, people would have to take the Law into their own hands. However, once Israel becomes a nation of G-d, it will not be so. A person will bring a matter to the government and to its officers, and Justice will be served by Law.
Kidnap and sell person: "One who kidnaps a man and sells him, and he was found to have been in his power, shall surely be put to death." (Exodus 21:16). "If a man is found kidnapping a person of his brethren among the children of Israel, and he enslaves him and sells him, that kidnaper shall die, and you shall remove the evil from your midst." (Deuteronomy 24:7). This Law deals mostly with kidnapping and selling a person into slavery, but slavery will no longer be allowed. However, just by kidnapping a person you enslave him. The kidnaper will be killed by Law, because he imprisoned an innocent person and took a life from its family. If the kidnapper would return the person for ransom, and no harm was done to him, then the kidnaper owes double the ransom--to return the amount to the one who paid the ransom and the same amount to the person kidnapped and to his family, and the kidnaper will become the prisoner of the government, according to the term of his judgement. For any injury caused which can be healed, and for any lost time, the kidnaper is responsible for its payment. If the kidnaper can't afford to pay, he will repay his debt through the time served as a prisoner of the government, and the government will compensate his victim; as would the government and the people care for the widow and children of a murdered man; as would they care for any orphan and for any widow who has become impoverished.
If a person would kidnap a man and then confess soon after and no harm was done, then only for lost time and pain and suffering, would he compensate the victim and his family, according to the verdict of judges, and either his sentence would be reduced or he would be absolved of his sin. If a man would kidnap by accident, or it was thought that he kidnapped but he was not at fault, or a child got lost or was accidentally switched at birth or was thought to be an orphan and was adopted, or an innocent person was imprisoned by accident, then the wrong will be undone, those who suffered will be compensated, and the person remains innocent. But if a person were kidnapped by the enemy in war, it is a completely different matter--for even all the enemies should be killed, imprisoned, and conquered--and war is equated with Lawlessness.
Rape of married woman: "If there will be a virgin girl who is betrothed to a man, and a man finds her in the city and lies with her, then you shall take them both to the gate of that city and pelt them with stones and they shall die: the girl because of the fact that she did not cry out in the city, and the man because of the fact that he afflicted the wife of his fellow, and you will have removed the evil from your midst. But if it is in the field that the man will find the betrothed girl, and the man will seize her and lie with her, only the man who lies with her shall die. But you shall do nothing to the girl, for the girl has committed no capital sin, for like a man who rises up against his fellow and murders him, so is this thing; for he found her in the field, the betrothed girl cried out, but she had no savior." (Deuteronomy 22:23-27). If a married woman is raped, the man who raped her will be killed. But the matter must be investigated thoroughly, for the married woman would be guilty of adultery and so she might be tempted to lie.
Rape of unmarried woman: "If a man will find a virgin maiden who was not betrothed, and takes hold of her and lies with her, and they are discovered, then the man who lay with her shall give the father of the girl fifty silver [shekels], and she shall become his wife; because he had afflicted her, he cannot divorce her all his days." (Deuteronomy 22:28-29). If a man rapes an unmarried virgin or an unmarried woman, then this is like murder, for he took her by force and violated her. Yet the only way for him to undo his wrong, would be to marry her, and thus she would be redeemed from her defilement. But since he took her by force, then this is against her will--so why should she have to marry him?
Therefore the man who violated her and held her life at his will--his life will be held at her will: If she would consent to marry him, then he will be saved, and will be indebted to her all his life, and "cannot divorce her all his days." If he was already married and yet she agreed to marry him, he must treat her as an equal to his first wife, and if, whether or not she is his first wife, he would take an additional wife, she could refuse him that right. But if she refuses to marry him, then he will be killed. Although it might be that she was partially willing, yet said she was raped to defend her honor or because she was raped and then he found favor in her eyes. The matter must be investigated thoroughly before he would die. For it is in her power to spare his life, even though she would refuse to marry him, as she didn't consent to lie with him. And if later it was found that she was impregnated, she might choose to marry him for the sake of her child.
Strike fellow: "If men quarrel and one strikes his fellow with a stone or a fist, and he does not die but falls into bed: If he gets up and goes about outside under his own power, the one who struck is absolved. Only for his lost time shall he pay, and he shall provide for healing." (Exodus 21:18-19). "...And if a man inflicts a wound in his fellow, as he did, so shall be done to him: a break for a break, an eye for an eye, a tooth for a tooth; just as he will have inflicted a wound on a person, so shall be inflicted upon him." (Leviticus 24:19-20). For something that is done intentionally, in attempt to kill or cause harm to your fellow: If the victim recovers and no harm is done, then only for lost time and healing will the assailant pay; but if he inflicts a permanent wound upon his fellow, so shall be done to him, in addition to what he owes the victim. If he can't afford to pay, he'll serve the government as a prisoner in return for his debt. However, if it is done by accident, then the person who caused harm is only responsible for compensation, and if he can't afford to pay, then the government or his, or the victim's, insurance will help him with the debt; he will not be imprisoned for this, since he is innocent.
Cause miscarriage: "If men fight and they collide with a pregnant woman and she miscarries, but there will be no fatality, he shall surely be punished as the husband of the woman shall cause to be assessed against him, and he shall pay it by the order of judges. But if there shall be a fatality, then you shall award a life for a life; an eye for an eye, a tooth for a tooth, a hand for a hand, a foot for a foot; a burn for a burn, a wound for a wound, a bruise for a bruise." (Exodus 21:22-25). When men fight they are responsible for the damage they cause as a result of their carelessness, for the fight is intentional. Therefore if they kill a pedestrian in their rage or cause damage to property, it is their responsibility and they are guilty. Although this is different from a person who fights to defend himself, since he is innocent and it was brought against him. But if a person seeks to harm his fellow and causes harm instead to a pedestrian: if she is pregnant and miscarries, he is not guilty for a life, but will instead be fined. And for a life he will die, and for bodily injuries he is guilty; just as a murderer who shoots into a crowd to kill a person, is guilty for the lives he takes and for the harm he causes. Although because of the complexity, it can only be judged by case, and will be decided by the circumstances.
Restitution for animal life: "...And a man who strikes mortally an animal life shall make restitution, a life for a life." (Leviticus 24:19). "One who strikes an animal shall make restitution, and one who strikes a person shall be put to death. There shall be One Law for you, it shall be for proselyte and native alike, for I, Hashem, Am your Judge." (Leviticus 24:21-22).
Honest dealings: "You shall not steal, you shall not deny falsely, and you shall not lie to one another. You shall not swear falsely by My Name, thereby desecrating the Name of your Judge--I Am Hashem. You shall not cheat your fellow and you shall not rob; a worker's wage shall not remain with you overnight until morning. You shall not curse the deaf, and you shall not place a stumbling block before the blind; you shall fear your Judge--I Am Hashem." (Leviticus 19:11-14). "'Accursed is one who moves the boundary of his fellow.' And the entire people shall say, 'Amen.'" (Deuteronomy 27:17). Extortion, embezzlement, fraud, and deceit, are all forms of theft, that will be judged accordingly. A person should be straightforward in all matters of business and not provide a service or make a sale before the price is agreed upon, lest people become corrupt, each person cheating the other according to his greed and to make up for the loss. People should be careful not to overprice and the government shouldn't overtax, lest in their greed, they harm themselves, their industry, and the economy, by giving rise to the black market; that the honest should suffer from corruption and inefficiency.
Stealing livestock and possessions: "If a man shall steal an ox, or a sheep or goat, and slaughter it or sell it, he shall pay five cattle in place of the ox, and four sheep in place of the sheep..." (Exodus 21:37). This is because the ox was a person's source of income, for it did labor on the farm, and the sheep provides fleece. Furthermore, they are alive, and the owner becomes attached to them, as with a pet. A person who would steal from his fellow to slaughter, or "kidnap" to sell, rather than eat or sell his own, is committing a very devious sin, which must be punished harshly. It is different from just killing an animal, when the animal is trained and the owner depends upon it and has become attached to it, as with a worker--so that the ox is worth five cattle to him and the value of an animal is increased by the circumstance.
"If the thief is discovered while tunneling in, and he is struck and dies, there is no blood-guilt on his account. If the sun shone upon him, there is blood-guilt on his account. He shall make restitution; if he has nothing, he shall be sold for his theft. If the theft shall be found in his possession--whether a live ox or donkey or sheep or goat--he shall pay double." (Exodus 22:1-3). If a person kills the thief while he is committing the crime, then it is considered self-defense, unless it is very clear that the thief means no physical harm--in which case there would be an issue that must be judged. And the thief must make restitution for his crime; he must pay double the value of what he stole, or return all that he stole plus its value, and this will be his punishment. If the thief lacks the money or assets to make restitution, or he is a repeated criminal, then he will be imprisoned, and serve the government for his debt to society, according to the amount owed, the labor he would perform, and the term decided by judges.
There will be no jails in Israel; only prisoner camps, where labor is done. The thief will be provided a place to live and given a job to perform, and he will be like the slave of the government for the term of his crime. Although he will not live or work in chains, unless he is deemed a threat or is a repeated convict. His wife and children may live with him, and he will be free to leave in his spare time, unless he cannot be trusted. For if he is responsible only for a material debt, then he is only enslaved for the time of his labor.
Damages and arson: "If a man permits livestock to devour a field or vineyard--whether he set loose his livestock or he grazed it in another's field--from the best of his field and the best of his vineyard shall he pay. If a fire shall go forth and find thorns, and a stack of grain or a standing crop or a field is consumed, the one who kindled the fire shall make restitution." (Exodus 22:4-5).
Personal Theft: "If a man shall give money or vessels to his fellow to safeguard, and it is stolen from the house of the man, if the thief is found he shall pay double. If the thief is not found, then the householder shall approach the court that he had not laid a hand upon his fellow's property. For every item of liability--whether an ox, a donkey, a sheep, or a garment--regarding any lost item about which he says, 'This is it!' to the court shall come both their claims. Whomever the court finds guilty shall pay double to his fellow." (Exodus 22:6-8).
Confession of theft: "Hashem Spoke to Moses, Saying: If a person will sin and commit a treachery against Hashem by lying to his fellow regarding a pledge or a loan or a robbery; or by defrauding his fellow; or he found a lost item and denied it--and he swore falsely about any of all the things that a person can do and sin thereby--so it shall be that when he will sin and become guilty, he shall return the robbed item that he robbed, or the proceeds of his fraud, or the pledge that was left with him, or the lost item that he found, or anything about which he had sworn falsely--he shall repay its principal and add its fifth to it; he shall give it to its owner on the day he admits his guilt. And he shall bring his guilt-offering to Hashem--an unblemished ram from the flock, of the proper value, as a guilt-offering--to the Kohen. The Kohen shall provide him atonement before Hashem, and it shall be Forgiven him for any of all the things he might do to incur guilt." (Leviticus 5:20-26).
Unintentional sin, of Kohen: "Hashem Spoke to Moses, Saying: Speak to the children of Israel, saying: When a person will sin unintentionally from among all the Commandments of Hashem that may not be done, and he commits one of them. If the anointed Kohen will sin, bringing guilt upon the people; for his sin that he committed he shall offer a young bull, unblemished, to Hashem as a sin-offering..." (Leviticus 4:1-3).
Unintentional sin, of entire people: "If the entire assembly of Israel shall err, and a matter became obscured from the eyes of the congregation; and they commit one from among all the Commandments of Hashem that may not be done, and they become guilty; when the sin regarding which they committed becomes known, the congregation shall offer a young bull as a sin-offering, and they shall bring it before the Tent of Meeting..." (Leviticus 4:13-14).
"If you err and do not perform all of these Commandments, which Hashem Has Spoken to Moses, everything that Hashem Commanded you through Moses, from the day that Hashem Commanded and onward, throughout your generations. If because of the eyes of the assembly it was done unintentionally, the entire assembly shall prepare one young bull as a burnt-offering for a satisfying aroma to Hashem, and its meal-offering and its libation according to the Rule, and one he-goat as a sin-offering. The Kohen shall atone for the entire assembly of the children of Israel and it shall be Forgiven them, for it was unintentional, and they have brought their offering, a fire-offering to Hashem, and their sin-offering before Hashem for their unintentional sin. And it shall be Forgiven to the entire assembly of Israel and to the proselyte who dwells among them, for it happened to the entire people unintentionally." (Numbers 15:22-26).
Unintentional sin, of ruler: "When a ruler sins, and commits one from among all the Commandments of Hashem his Judge that may not be done--unintentionally--and becomes guilty: If the sin that he committed becomes known to him, he shall bring his offering, a male goat, unblemished... ...thus shall the Kohen provide him atonement for his sin, and it shall be Forgiven him." (Leviticus 4:22-23,26).
Unintentional sin, of individual: "If an individual person from among the people of the Land shall sin unintentionally, by committing one of the Commandments of Hashem that may not be done, and he becomes guilty: If his sin that he committed becomes known to him, he shall bring as his offering a she-goat, unblemished, for the sin that he committed..." (Leviticus 4:27-28). "If one person sins unintentionally, he shall offer a she-goat within its first year as a sin-offering. The Kohen shall atone for the erring person when he sins unintentionally before Hashem, to atone for him; and it shall be Forgiven him. The native among the children of Israel and the proselyte who dwells among them--there shall be One Teaching for them, for one who does unintentionally." (Numbers 15:27-29). "If he shall bring a sheep as his offering for a sin-offering, he shall bring a female, unblemished..." (Leviticus 4:32).
Guilt for secondary reasons: "If a person will sin: If he accepted a demand for an oath, and he is a witness--either he saw or he knew--if he does not testify, he shall bear his iniquity; or if a person will have touched any contaminated object--whether the contaminating carcass of a beast, the contaminating carcass of an animal, or the contaminating carcass of a creeping animal--but it was concealed from him, and he is contaminated and became guilty; or if he will touch a human contamination in any manner of its contamination through which he can become contaminated but it was concealed from him--and then he knew--and he became guilty; or if a person will swear, expressing with his lips to do harm or to do good, anything that a person will express in an oath, but it was concealed from him, and then he knew--and he became guilty regarding one of these matters. When one shall become guilty regarding one of these matters, he shall confess what he had sinned. He shall bring as his guilt-offering to Hashem, for his sin that he committed, a female from the flock--a sheep or a goat--for a sin offering; and the Kohen shall provide him atonement for his sin. But if his means are insufficient for a sheep or goat, then he shall bring as his guilt-offering for that which he sinned: two turtledoves or two young doves to Hashem, one for a sin-offering and one for a burnt-offering... But if his means are insufficient for two turtledoves or for two young doves, then he shall bring, as his guilt-offering for that which he sinned, a tenth-ephah of fine flour for a sin-offering..." (Leviticus 5:1-7,11).
Unintentional sin, against Hashem's Holies: "Hashem Spoke to Moses, Saying: If a person commits treachery and sins unintentionally against Hashem's Holies, he shall bring his guilt-offering to Hashem, an unblemished ram from the flock, with a value of silver shekels, according to the sacred shekel, for a guilt-offering. For what he has deprived the Sanctuary he shall make restitution, and add a fifth to it, and give it to the Kohen; then the Kohen shall provide him atonement with the ram of the guilt-offering and it shall be Forgiven him." (Leviticus 5:14-16).
Guilt offering in case of doubt: "If a person will sin and will commit one of all the Commandments of Hashem that may not be done, but did not know and became guilty, he shall bear his iniquity; he shall bring an unblemished ram from the flock, of the proper value, as a guilt offering--to the Kohen; and the Kohen shall provide him atonement for the inadvertence that he committed unintentionally and he did not know, and it shall be Forgiven him. It is a guilt-offering; he has become guilty before Hashem." (Leviticus 5:17-19). This is for a person that was told he did something wrong, or thought he sinned, but was not sure about it; or for a person that has a guilty conscious and is plagued with fear or uncertainty and he doesn't know what he did wrong--this is to atone for him, that he should start a new leaf and lead a good life, with confidence and in Uprightness.
Intentional sin, rebellion not Forgiven: "A person who shall act high-handedly, whether native or proselyte, he blasphemed Hashem!--that person shall be cut off from among his people, for he scorned the Word of Hashem and broke His Commandment; that spirit will surely be cut off, his sin is upon him." (Numbers 15:30-31). | |