04-10-2011, 03:15 PM
(This post was last modified: 01-13-2019, 12:36 PM by Director Michael.)
According to Torah Law, each of the Noahide Commandments has some definition of a severe transgression, that makes a DELIBERATE transgressor "liable" to capital punishment in G-d's judgment, and it also has definitions of lesser sins in that category, that are not liable to capital punishment.
Nevertheless, the system of laws and courts in a country can validly exist and apply authority only as a social institution. In other words, the majority of the people in the country have to agree to be judged by those courts and laws. So the courts in a Gentile country can only apply capital punishment for transgression of a Noahide commandment if the majority of the people have agreed to follow and be judged by that set of commandments.
(The exception is capital punishment for murder, since that can be enacted independent of the Noahide Code, for the sake of helping to improve the safety of the people in the society.)
In regard to lesser and more sever aspects of each of the Noahide commandments:
For example, one of the Noahide Commandments prohibits eating meat that was removed from a land mammal or a bird before it died. The severe violation occurs if person cuts off part of a land mammal and eats that meat, before the mammal dies. If a person commits that sin, the courts certainly have permission from G-d to apply capital punishment. If the person instead cuts off part of the living mammal, but then waits to eat that meat until after the mammal dies, it is still a sin and it is still forbidden and it is still punishable by G-d, but it is a lesser sin - and the person is not liable to the maximum penalty of capital punishment in G-d's judgment. So the courts do not have permission from G-d to apply capital punishment in this case. They do however have permission to make this sin illegal, and they can apply some lesser form of punishment (for example, a monetary fine, or a jail term, etc.)
Likewise, if a person commits either level of this act with meat from a bird, it is in the category of a lesser transgression, and the person is not liable to capital punishment for this sin in G-d's judgment. Therefore, the courts have no permission to apply capital punishment for this, but they may declare it illegal, with a lesser type of punishment.
Nevertheless, the system of laws and courts in a country can validly exist and apply authority only as a social institution. In other words, the majority of the people in the country have to agree to be judged by those courts and laws. So the courts in a Gentile country can only apply capital punishment for transgression of a Noahide commandment if the majority of the people have agreed to follow and be judged by that set of commandments.
(The exception is capital punishment for murder, since that can be enacted independent of the Noahide Code, for the sake of helping to improve the safety of the people in the society.)
In regard to lesser and more sever aspects of each of the Noahide commandments:
For example, one of the Noahide Commandments prohibits eating meat that was removed from a land mammal or a bird before it died. The severe violation occurs if person cuts off part of a land mammal and eats that meat, before the mammal dies. If a person commits that sin, the courts certainly have permission from G-d to apply capital punishment. If the person instead cuts off part of the living mammal, but then waits to eat that meat until after the mammal dies, it is still a sin and it is still forbidden and it is still punishable by G-d, but it is a lesser sin - and the person is not liable to the maximum penalty of capital punishment in G-d's judgment. So the courts do not have permission from G-d to apply capital punishment in this case. They do however have permission to make this sin illegal, and they can apply some lesser form of punishment (for example, a monetary fine, or a jail term, etc.)
Likewise, if a person commits either level of this act with meat from a bird, it is in the category of a lesser transgression, and the person is not liable to capital punishment for this sin in G-d's judgment. Therefore, the courts have no permission to apply capital punishment for this, but they may declare it illegal, with a lesser type of punishment.