Torture and Confessions in Jewish Law

In the American legal system, as in the Israeli, the confessions of perpetrators tend to be preferred as evidence of crimes. Among the problems with this approach is the danger that confessions might be coerced. By contrast, the Talmud states that a person’s testimony against himself is ipso facto inadmissible, thus avoiding the problem of coercion. However, writes Shlomo Brody, rabbinic jurisprudence provides ample exceptions:

[M]edieval and modern Jewish communities that retained semi-autonomous penal systems would regularly convict criminals based in part on confessions. [Medieval Spanish scholars] such as Rabbi Shlomo ibn Adret and Rabbi Nissim of Gerona asserted that Jewish law recognized the right of a king or government to administer a justice system according to societal needs, [even if these contradicted the letter of talmudic law].

As the Talmud [itself] states, sometimes the court can punish in spite of the law. Otherwise, it [might] be impossible to convict any criminals. . . . Given this [opinion], could confessions be accepted even if coerced from the defendant? [The] talmudic evidence remains somewhat contradictory.

On the one hand, there is recognition that coerced admissions cannot be taken seriously. On the other hand, there seem to be cases in which force [was] used to confirm the guilt of certain suspects.

Commentators debate whether in these cases actual physical violence was used or if mere threats or other forms of intimidation were employed. In any case, within medieval rabbinic literature, there are sporadic sources that indicate the use of physical force, with some figures explicitly asserting that such capabilities remain within a judge’s purview.

Read more at Jerusalem Post

More about: Halakhah, Judaism, Law, Religion & Holidays, Torture

Israel Just Sent Iran a Clear Message

Early Friday morning, Israel attacked military installations near the Iranian cities of Isfahan and nearby Natanz, the latter being one of the hubs of the country’s nuclear program. Jerusalem is not taking credit for the attack, and none of the details are too certain, but it seems that the attack involved multiple drones, likely launched from within Iran, as well as one or more missiles fired from Syrian or Iraqi airspace. Strikes on Syrian radar systems shortly beforehand probably helped make the attack possible, and there were reportedly strikes on Iraq as well.

Iran itself is downplaying the attack, but the S-300 air-defense batteries in Isfahan appear to have been destroyed or damaged. This is a sophisticated Russian-made system positioned to protect the Natanz nuclear installation. In other words, Israel has demonstrated that Iran’s best technology can’t protect the country’s skies from the IDF. As Yossi Kuperwasser puts it, the attack, combined with the response to the assault on April 13,

clarified to the Iranians that whereas we [Israelis] are not as vulnerable as they thought, they are more vulnerable than they thought. They have difficulty hitting us, but we have no difficulty hitting them.

Nobody knows exactly how the operation was carried out. . . . It is good that a question mark hovers over . . . what exactly Israel did. Let’s keep them wondering. It is good for deniability and good for keeping the enemy uncertain.

The fact that we chose targets that were in the vicinity of a major nuclear facility but were linked to the Iranian missile and air forces was a good message. It communicated that we can reach other targets as well but, as we don’t want escalation, we chose targets nearby that were involved in the attack against Israel. I think it sends the message that if we want to, we can send a stronger message. Israel is not seeking escalation at the moment.

Read more at Jewish Chronicle

More about: Iran, Israeli Security