89

The court must not inflict punishment on Shabbat

The Luchos - Ten Commandments
מִצְוָה עֲשֵׂה - Positive Commandment
מִצְוָה לֹא תַעֲשֶׂה - Negative Commandment
Shabbat – שַׁבָּת

Courts may not carry out punishments on Shabbat.

This mitzvah forbids a Jewish court (Beit Din) from carrying out judicial punishments on Shabbat. Since capital punishments could involve burning, stoning, or other prohibited acts, their performance would desecrate Shabbat. The Torah emphasizes that the holiness and sanctity of Shabbat must be preserved, even when justice is required, affirming that divine rest takes precedence over human judgment on this day.

Commentary & Classical Explanation:

  • Rambam (Hilchot Shabbat 24:7): Explains that “do not kindle fire” includes executions by burning and teaches that no punishments may be carried out on Shabbat.
  • Sefer HaChinuch (Mitzvah 114): The root is to elevate Shabbat as a day of peace and rest, free from harsh acts of justice, so that its holiness is not diminished.
  • Talmud (Yevamot 6b): Derives from this verse that capital punishment is suspended on Shabbat.
(Source: Chabad.org)
לֹא־תְבַעֲר֣וּ אֵ֔שׁ בְּכֹ֖ל מֹשְׁבֹֽתֵיכֶ֑ם בְּי֖וֹם הַשַּׁבָּֽת׃ - פָּרָשַׁת וַיַּקְהֵל
Exodus 35:3 - "You shall not kindle fire in any of your dwelling places on the Sabbath day."

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Shabbat - שַׁבָּת

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