
Weekly Letter: Questioning Capital Punishment
In answer to one questioning capital punishment (and any form of punishment) on the ground of compassion, etc. – the Rebbe’s brief answer underlines 1. the basic principle of benefit for the person being punished as well as for the society and 2. the belief in afterlife, which helps us understand the concept of punishment.
By the Grace of G-d
20th Adar, 5732
Brooklyn, N.Y.
Mr.
Greeting and Blessing:
…… Now to answer at least one of your specific questions, namely the question of capital punishment which is included in the Torah as one of the various forms of punishment and which you question on the ground of compassion, etc.
Actually, insofar s the principle is concerned the same question could apply not only to capital punishment but to any form of punishment. The only reason that capital punishment is sometimes objected to is the fact that where it concerns lesser forms of punishment, it is believed that the results of that punishment will outweigh many times the punishment itself and will be for the benefit of the person punished, as well as for the society, etc. But this very principle can logically be extended also to capital punishment in a religion which believes in Afterlife, where death is not the end of everything, but a transition to a higher life.
To simplify the above by way of an illustration: when you take away a child from the middle of his game or play, and compel him to sit down and do his lessons and study some matters which are of no personal interest to him in his way of thinking, he can see it only as an act of cruelty. The fact that years later his present studies will be very useful to him, of this he has no conception at this moment. All he can see is that he is arbitrarily dragged away from his game and from his pleasure at that moment. I do not think this illustration needs further elaboration.
I must however, add a further essential point in the matter of religion and belief in a Supreme Being. Although basically this means that the Supreme Being is above and beyond understanding, nevertheless our Torah tells us that within the limits of human understanding a Jew must study and search to the fullest of his capacity. However, he must not make his own understanding a condition of his acceptance of the Divine commandments, the mitzvos, one of which also is the commandment to try to understand as much as possible about the Creator and His commandments. Here there are various levels among people. One who is endowed with a greater mental capacity and he has the time to study, is duty bound to do so on a higher level than the person who is not so mentally endowed, or who, for various reasons, is unable or incapable of a higher level of study. For the Torah requires everyone to do only up to one’s own fullest capacity.
The above refers only to study. But insofar as actual observance of the mitzvos is concerned, all Jews have one and the same Torah and it incumbent upon all of us equally to observe the laws of kashrus, Shabbos observance, putting on tefillin, etc., as these laws are clearly codified in the Shulchan Aruch. Moreover, our Sages have emphasized that “The essential thing is the deed.” They also added that “Love your fellow as yourself” is a great principle of the Torah. Therefore, a Jew cannot rest satisfied by observing the mitzvos himself, but must try his best to help other Jews in his immediate surroundings and environment at large to do the same. Of course, showing a living example coupled with words coming from the heart, is the most effective way of helping others.
With blessing,
In the name of the Lubavitcher Rebbe
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