הי מכה?
אילימא (ויקרא כד) "מכה בהמה ישלמנה ומכה אדם יומת".
ההוא בקטלא כתיב!
אלא מהכא (ויקרא כד) "מכה נפש בהמה ישלמנה נפש תחת נפש." וסמיך ליה (ויקרא כד) "ואיש כי יתן מום בעמיתו כאשר עשה כן יעשה לו" .
האי לאו מכה הוא?
הכאה הכאה קאמרינן.
מה הכאה האמורה בבהמה לתשלומין אף הכאה האמורה באדם לתשלומין .
Which 'Makkah'?
Perhaps we're talking about "one who strikes an animal (and kills it) shall pay, and one who strikes a man (and kills him) shall be put to death."
But (in this Makkah) he gets killed!
Rather, it is from this one; "One who strikes the life of an animal (and it dies) shall pay, a life for a life." And we combine it with "and a man, when he gives a wound to his fellow, as he did, so shall be done to him."
But this verse doesn't have the phrase 'Makkah'?
Hakkah is implied in second text by the hakkah in the first text.
(Also) Just as 'hakkah' is said to be for animals a payment, so too 'hakkah' is said for a person as payment.
The Talmud seems to take great efforts to overturn the Torah's stated law that one literally should be punished as they have injured- an eye for an eye.
Laws in society change constantly. Think of (or look up) an American law that has been changed or eliminated altogether. Describe it in your post here- or better yet, use this as an opportunity to find one of your required articles!
Laws are changed all the time to better the lives of the people whose lives are affected by them. In this article, "US Judge Overturns 6-Week Abortion Ban", a federal judge reversed the law of if a fetal heartbeat can be detected, then you can no longer abort your baby. Although its a good cause to not kill unborn babies, its not as easy as that. Some people unfortunately are raped, get pregnant by accident, or just don't want that kid. People change laws to make the lives of the people easier and better. In this case, its to make families and women feel more comfortable about kids and childbirth. You can relate this back to the penalty of a "makkah" towards another person in the Talmud. This changed law saves lives, but still teaches a lesson.
ReplyDeletearticle website: http://abcnews.go.com/US/wireStory/judge-north-dakota-abortion-law-unconstitutional-23348578
Rachel Ship
ReplyDeleteIn American history there has only been one Amendment to be repealed, which was the 18th Amendment. The 18th Amendment was ratified on January 16, 1919 and repealed by the 21st Amendment in 1933. This Amendment banned the consumption, transportation, sale and manufacture of alcohol. It was clear that prohibiting alcohol was too harsh on American citizens, just like how the punishment of an eye for an eye is too harsh to be enforced in Jewish law and prohibiting alcohol did not prevent people from drinking just like how an eye for an eye is not an effective way to prevent people from committing crimes.
Michelle Postolovskiy comment # 6
ReplyDeleteLaws change to benefit people and make our lives better. In the 15th Amendment in 1870 it said that no persons vote can/will be taken away due to their color, race. or if he/she is a slave. But soon the colored and the slaves lost their right to vote and then gained them back. So in this example the law changed a few times to try to make life better although it did not work the first time. In the end it did help a lot of people gain their rights back.
Alex Gage comment #2
ReplyDeleteDealing with justice has been a everlasting issue since the creation of a court system. in the years of the Torah especially resolving cases with the same punishment being inflicted on you was very easy. But why not think of it more practically. I do not agree with this and I definitely do not understand the reasoning with treating an animal and giving the same consequences if a man kills an animal. I really think that our law system has come a long way from where it was thousands of years ago. We have refined our court system to where there is jail time and financial compensation.
#3 not 2
ReplyDeleteSarah Brill Comment #6
ReplyDeleteA law has been changed quite recently, the law obtains to immigration. Obama a recently issued a change to the immigration law. new exemptions Wednesday in the Federal Register to narrow a ban in the Immigration and Nationality Act excluding refugees and asylum seekers who had provided limited material support, no matter how minor, to terrorists, states the Daily Caller. There needs to be a stop to illegal immigration and this article sums up how Obama is going to limit it and stop over population in the US. Laws are changed every day and this is an example of how they are still changing with every president that comes in.
This article was found on: http://dailycaller.com/2014/02/05/obama-admin-changes-immigration-law-allows-immigrants-who-supported-terrorists-into-us/
Adina Kalantarov #2
ReplyDeleteThe laws of smoking marijuana in Denver has been changed recently. The Denver City Council accepted changing the laws of recreational marijuana use in public view or private property. Although drug use is harmful, some people need marijuana for medical purposes. I think that it is fair to legalize marijuana use in Colorado, however it can cause problems within the society. For example, the death toll in Colorado can rise and violence within the community can blow up. Consequently, a Councilwoman, Debbie Ortega, is going to propose another law that the use of pot within 1,000 feet of a school will be banned. Therefore, there will be a balance of a safer community and the satisfaction of people who are able to use marijuana.
article: http://www.huffingtonpost.com/2013/12/03/denver-front-porch-pot_n_4378234.html
Sarah Pomerantz Comment #4
ReplyDeleteAll laws evolve throughout time. The text in the Talmud that we are looking at does the same thing. As time goes on things need to be changed or abolished to be relevant to todays society. They say that the U.S constitution is an ever evolving thing. Why? Because it need to be relevant to the present just as it was in 1787. The U.S Constitution has been changed many different times including 15,19,22, and 26 amendments. These amendments include the right for all to vote, the president is allowed to take two terms in office, and freedom for all. Without these acts passed the country would not be what it is today. http://www.scholastic.com/teachers/article/how-us-constitution-has-evolved-over-time. This site describes how the constitution has changed over time. It is important that the Talmud can justify the changes because it should relate to all times.
Sam Comment #2 In society, there is a line that on one end has freedom, and the other is security. After 9/11, the strictness of airline security has changed from freedom to security. We as a people are willing to make laws that restrict our freedom on planes (e.g. Not being able to take liquids over 3oz.) in order to be more secure when we fly. We all want to feel safe, but at the same time, we want to have as much freedom as we can. Before 9/11 no one thought that something like that could happen. As we find new threats, we give ourselves more security to accommodate. Article: goo.gl/ssJKui
ReplyDeleteaccidentally did #2 twice, this is comment #5
DeleteAlexander Rafailov comment #5
ReplyDeleteThe eye fro an eye law doe not stop anyone from still hurting others just like other laws and bans that happened. During the 1920's there was a ban on alcohol and the ratification of the 18th amendment which meant you could not consume or sell alcohol. People did not obey by this amendment and still did it regardless of the ban. Another law that is constantly changing is the law about immigration into the U.S. The president wants to lower the amount of illegal immigration but that does not stop people because they try to get into the U.S. no matter what. The eye for an eye law was a little strict on the jewish people and it was not an affective way to stop people from commiting crime and doing bad things.
article:http://www.albany.edu/~wm731882/18th_amendment_final.html
Aliya Lofland comment #5
ReplyDeleteLaws change to reflect time, as well as what people will or will not follow. Many laws that were put in place have changed throughout time. Some of these laws have been eliminated completely. Some of these laws include laws regarding color, after all, that is way out dated, and even though racism still exists, those laws are completely eliminated from laws that we follow in our modern day. Another wonderful example of a law that has been outdated is seat belts. Any car that has been manufactured after July 1, 1966 has to have one seatbelt per seat. Before this, people would share seat belts, stuffing more that one person in a seat meant for only one person to sit in. This law was passed for the safety of people who ride in cars in general. There should be one seat belt per person because there is a law on that. The only exception to that is is the car was made before July 1, 1966, AND never had any seat belts to begin with. Laws are passed for the good of people, and changed after time and for the convenience of these people
Article (http://www.pantagraph.com/lifestyles/auto/click-and-clack-safety-belt-laws-have-changed-over-years/article_09882f44-1e3f-5006-8514-0dcb361aa23f.html)