For donations Click Here

Lashes from besdin

Question:

Where does bais din get the power to give lashes on dini derbanan from?

Answer:

Thank you for your question.

During the time when Klal Yisroel was governed by mitzvos of the torah, judicial system was run by the bais din, and the judges that were appointed by the bais din. The torah tells us at the beginning of parshas Shoftim, “Shoftim vshotrim titian l’echa b’chol shearecha”. You should appoint a police system and a judicial system in all of your cities. This system has the authority to make sure, and enforce the Torah’s laws. Included in this authority is the power for the judges to punish those who broke the laws, whether biblical or rabbinical, as this is needed in order to enforce the law. Unfortunately, nowadays that we are in galus, the Jewish court of law does not have the powers that it once had, coupled with the fact that we don’t have proper semicha nowadays, therefore the punishment of lashes is not practically applicable nowadays.

We pray three times a day, in the bracha of “Hoshiva shoftainu k’barishona”, that moshiach should come soon, and that Hashem should return our original judicial system to what it once was.

Sources:

Deuteronomy 16-18, Sefer Hachinuch 491.

Leave a comment

Your email address will not be published. Required fields are marked *