How the Talmud Deals with Cases Where Evidentiary Standards Interfere with Justice

In the talmudic system of criminal justice—which had ceased to be operative by the time the Talmud was redacted—the standards of evidence for a capital conviction are extremely high. Thus, in one case, a rabbi reports having seen one man chase another into a building while waving a sword; when the rabbi entered, he found the first holding a bloody sword, standing over the other’s corpse. The rabbi lamented that there were no grounds for convicting the murderer. Sarah Zager comments on how the talmudic sages addressed what they saw as a flaw in their own system:

Though many contemporary readers of the rabbinic tradition champion the rabbis’ strict legal procedures, the rabbis themselves also criticize it harshly. . . . The rabbis explicitly describe what is supposed to happen when it is clear that a murder has been committed, but the legal requirements for conviction cannot be met. “Someone who murders a person without witnesses is taken into the domed chamber and is fed meager bread and scant water.” [Then], the criminal should be . . . “fed barley until his intestines explode.” . . .

This is a strange . . . kind of judicial self-restraint indeed. But that doesn’t mean that it is devoid of all ethical insight; nor does it undermine the conventional reading of rabbinic legal procedure. Instead, the text gives voice to a powerful moral impulse. . . . The rabbis have seen someone shed blood, and, with their hands tied, they imagine (it’s unclear that they ever actually carried out this procedure) what they would want to happen to the person who so brazenly transgressed a deeply held moral norm. . . .

Just as we can learn from the Talmud’s demand for moral outrage, we can also learn something from the form that it takes. The possibilities that the Talmud explores for extrajudicial punishment are extraordinarily violent, perhaps even more violent than the ones that rabbinic law sanctions explicitly. . . .

The rabbis’ response to [their sense of outrage at the thought that the guilty would go unpunished] was to use their rich imaginations to devise a form of revenge that would settle the moral accounts and to include those narratives alongside their legal discussions. We can follow their example by making space for moral disgust in our public discourse, even if that disgust is [part of] a shared public discourse that occurs outside the courtroom.

Read more at Lehrhaus

More about: Halakhah, Judaism, Morality, Religion & Holidays, Talmud

 

Hizballah Is Learning Israel’s Weak Spots

On Tuesday, a Hizballah drone attack injured three people in northern Israel. The next day, another attack, targeting an IDF base, injured eighteen people, six of them seriously, in Arab al-Amshe, also in the north. This second attack involved the simultaneous use of drones carrying explosives and guided antitank missiles. In both cases, the defensive systems that performed so successfully last weekend failed to stop the drones and missiles. Ron Ben-Yishai has a straightforward explanation as to why: the Lebanon-backed terrorist group is getting better at evading Israel defenses. He explains the three basis systems used to pilot these unmanned aircraft, and their practical effects:

These systems allow drones to act similarly to fighter jets, using “dead zones”—areas not visible to radar or other optical detection—to approach targets. They fly low initially, then ascend just before crashing and detonating on the target. The terrain of southern Lebanon is particularly conducive to such attacks.

But this requires skills that the terror group has honed over months of fighting against Israel. The latest attacks involved a large drone capable of carrying over 50 kg (110 lbs.) of explosives. The terrorists have likely analyzed Israel’s alert and interception systems, recognizing that shooting down their drones requires early detection to allow sufficient time for launching interceptors.

The IDF tries to detect any incoming drones on its radar, as it had done prior to the war. Despite Hizballah’s learning curve, the IDF’s technological edge offers an advantage. However, the military must recognize that any measure it takes is quickly observed and analyzed, and even the most effective defenses can be incomplete. The terrain near the Lebanon-Israel border continues to pose a challenge, necessitating technological solutions and significant financial investment.

Read more at Ynet

More about: Hizballah, Iron Dome, Israeli Security