— LD(0=~ J) TY--t
Punishment: Its Method and Purpose 53 —————————————————————————————————————————— 22
The laws of robbery and theft followed the biblical statements closely; the discussions presented considerable detail as well as actual cases, but made few basic changes.
The ban(herem) was changed from its biblical connotation of complete destruction or dedication to God ; in the Bible it was not a method of punishment except through a threat made by Ezra. The Mishnah introduced the nidui which was a lesser form of the herem, but saw it as punishment through isolation; the biblical basis for this was found in the Book of Numbers. ® It was used to punish both scholars and laymen during the Tanaitic period.6! Nidui seems usually to have been for a period of thirty days which might be extended for an additional term. If compliance was not achieved, then herem could be pronounced and it was effective until lifted by the court. A shorter period of imposed isolation was the nezifah with a duration of only seven days.® The forms of isolation differed in their severity, i.e. whether study or business was permitted, and whether there were restrictions on washing, clothing, public greeting, participation in public worship or mezuman, as well as funerary dishonor.® A long series of offenses could be punished by nidui.5
In the vast talmudic literature we will not find much theoretical discussion of punishment or the development of penal theory. The various penalties were to punish for crimes, to serve as deterrents to prospective criminals, and to maintain social order. The range of application had widened considerably beyond that of the biblical period, but that may be more apparent than real, for our knowledge of biblical punishment is very limited.
In contrast to the Bible , there was discussion among the authorities about the punishment used and the manner of its €xecution. Authorities who disagreed and provided other penalties were cited, even if not with approval. We, therefore, see a diversity of courts emerge in these centuries.
Post-Talmudic Halakhic Authority
At the conclusion of the talmudic period, the court system of the Previous age survived in the Gaonate which continued to exercise considerable authority in the Near East and the southern Mediterranean basin during the early Islamic period of the Umayad (661-750) and Abbasid (750-1100) caliphates. When the Abbasid