and the Mishnah diminished to thirty-nine; whippings went far beyond that. It could be part of a system of penance and lead to consecutive whippings.”* Sometimes it was used as a means of execution. This bodily punishment also led to public shame and so was quite effective.”
Whipping and fines were not limited to crimes against individuals, but were also used to punish infringements of a religious nature. In other words, punishment was a tool used to uphold communal morality in a broad sense. Violation of the Sabbath and inappropriate behavior on holidays was punished. In some places individuals could be whipped publicly for a minor infringement such as lighting a fire or a candle after Shab bat had officially begun, or for the more the major offense of not attending public services to provide a minyan. In this way a minimum set of religious observances was enforced.”
The least problematic form of punishment were fines, and we find them frequently in the responsa literature used for situations not mentioned earlier. Some were quite serious as(accepting stolen goods) and others trivial, as(bringing a dog to synagogue).”” Unlike previous ages, fines were generally not paid to the injured party, but to the communal treasury and used for a charitable cause. In some instances, the injured party could stipulate the recipient charity.”® When jurisdiction was provided by the gentile government. It was often stipulated that a portion of all fines collected would be paid into its treasury.
The herem in its various forms was used in the medieval period not only as punishment, but as a threat of punishment. For example, and so it was attached to the decree attributed to R. Gershom which prohibited polygamy. The conditions of the herem were made more severe, so that it affected the entire family; the wife and children were excluded from synagogue and school. Circumcision and burial would not be performed. The individual and his family were treated as if they did not exist. Within the closed Jewish communities, this was a severe and effective punishment.”
This form of punishment ceased to be effective by the nineteenth century when it was used too freely in the struggle between mitnagdim and Hassidim as well as the battle between Orthodoxy and the Reform movement. When used nowadays by the extreme Orthodox, it is more a sign of their anger than an effective tool. The collapse of a united community meant it was