Torah’s PunitiveSystem

We have a principle in Jewish Law that we do not give more than one punishment for a particular offense. If lashes are called for, as they are in 207 instances in the Torah, the sinner will only get lashes.

If it is a case where there is monetary fine that is imposed, that would be the only penalty. The same would apply where the death penalty was issued. That would be the only punishment.

There are two exceptions to this rule. The first applies in the theoretical case of the rebellious son. He first gets lashes, and is later put to death.

The other exception is the case of מוציא שם רע, bringing a bad name on one’s wife. The husband lies about his new bride, claiming that she was promiscuous when they were engaged. He is trying to find an easy way out of the marriage, by trying to avoid living up to his obligations in the Ketuva.

In this situation, pays a fine of 100 silver, which was a very large sum of money, and he gets lashes.

We see how damaging words can be, and often it is irreparable damage. His treachery has cost great embarrassment to the father of the wife as well as the wife herself. The Rabbis say, מלקות לזה ותשלומים לזה, “Lashes to this one, and payment to this one.” The father receives the payment because of the shame.

The Halachic system is set up in a way that the punishment fits the crime. But in the case of the rebellious son, we see the severity of disrespect to one’s parents. And in the case of מוציא שם רע, we see the severity of ruining a person’s reputation and good name. In these cases, one punishment is not enough. A sense of moral outrage must be expressed to these particular cases. People need to learn how to behave.