Punishment: Its Method and Purpose 63

68. 69. 70. Vit 7 72. 73. 74.

75. 76. 77.

78.

79.

81.

was no longer necessary to have two absolutely certain witnesses, some­thing already true for certain matters in Talmudic times. Often a single wit­ness sufficed or women were permitted to testify. Centuries later there was still astonishment at minor and major changes. Isaac b. Sheshet(1326 Valen­cia-1408 Algiers) was astonished that witnesses were sworn, contrary to rab­binic law(Kid 43b—Tosfos), which changed the nature of of testimony. Furthermore women, specifically excluded(Kid 73b) from being witnesses were regularly included; a decision of Rabenu Tam, Responsa 179, Meir of Rothenburg, Responsa, 4.185. Evidence which in earlier times would have been considered hearsay was also admitted depending on the nature of the crime and the general circumstances(Yam shel Shelomo 8.7).

7. Shaarei Zedek, 4.7.38; Or Zarua 1.112; Assaf cited a large number of authorities

who decreed the death penalty, especially in Spain; they included Moses Maimonides; Joseph Ibn Migash, Solomon b. Adret. S. Simcha Assaf, Op. Cit., pp. 19 ff.

S. Assaf, Otzar Hageonim, pp. 21ff.

Ibid., pp. 25ff.

Ibid., p. 27.

Ibid., pp. 92, 121, 155, 313

Ibi.d., pp. 24, 59, 89, 93.

Yad Hil. San 17.

Whipping Monday, Thursday and the following Monday for a false oath, Jacob Judah Weil, Responsa# 123; R. Isaac of Narbonne ordered a daily whip­ping, morning and evening, for a year in addition to fasting as penitence for manslaughter while under the influence of alcohol, Abraham b. Isaac of Nar­bonne, Responsa# 41.

S. Assaf, Otzar Hageonim,. pp. 23ff.

Yad Hil. San. 19 and numerous responsa.

S. Assaf, Op. Cit., 95, 127, 133, 137, 141; fines were also imposed for not acc­cepting the authority of the rabbis. Asher, Responsa 21.8 or using a non-Jew­ish court to settle a dispute Mordecai B. K. 195.

Yam shel Shelomo B.K. 8.49; Shulhan Arukh, Yoreh Deah 256.1; Asher ben Yehiel, Responsa 13.4; 21.8.

Shulhan Arukh, Yoreh Deah 334; the hardship which this imposed on the fam­ily was opposed by some rabbis: Asher b. Yehiel, Responsa 43.9; Isaac b. Sheshet, Responsa 173; Solomon Adret, Responsa 5.238; Yam shel Shelomo B.K. 10.13.

- A system of penance was discussed by Eliezer b. Judah of Worms, Rokeah 2;

a selection of authorities from various centuries, who prescribed penance in their responsa, include Abraham b. Isaac of Narbonne, Responsa# 41; Jacob b. Judah Weil, Responsa# 123; Moses Isserles, Responsa# 37; Moses Sofer, Responsa Hatam Sofer, Orah Hayyim# 166; a long list of such responsa may be found in Isaac Lampronti, Pahad Yitzhok, Vol. 10, pp. 175ff.

Radbaz, Responsa,# 187; Bacharach, Responsa# 141; Morpurgo, Responsa, Yoreh Deah# 48.