2817 —עונש מאסר בתורת המשפטים של תורתנו לעומת שאר מערכות משפט

B"H, 19 Tammuz, 5714.

Brooklyn, NY.

Mechu' havavac"h iy"a nu"n maskil al davar tov ish rav pe'alim ba'al mada'im anaf etz avot etc. Gad

Shalom u'Vrachah!

I received your letter in due time as well as the two books you sent: Megaleh and Sefer Mivchar Kitvei Yisrael by Dov Fromkin to G. Krasel. Many thanks for them, and I request that you continue to favor me with such materials in the future.

In connection with the Festival of Redemption, the 12th–13th of Tammuz of my revered father-in-law the Rebbe zatzal nishmaso Eden (may his merit protect us), who was released from imprisonment in 5687, a third part of his notes on this matter has been published, which I am attaching here. The merit of the one who experienced this joy will stand for each and every one of us to spread around us the light of Chassidus and its wellsprings—and also outward.

With honor and blessing.

It is remarkable that in the jurisprudence and penal system of our holy Torah there is a fundamental difference compared to the legal codes of other nations: in our Torah there is absolutely no punishment of imprisonment. (The case where someone was put into a "kippah"—Sanhedrin 9:5—was not considered a punishment of incarceration, as explained in the Mishnah there.)

This clearly demonstrates the Torah's perspective on the immense value of practical action and the preciousness of life itself, as it says: "Yamim yutzaru v'lo echad bahem" (Days were formed for me when none existed among them)—meaning every moment of human life is counted. Since punishment according to Torah is not about vengeance but about correction, there is no place to deprive a person of the possibility for action—even for public correction—which is what imprisonment entails; except for one who is entirely unfit for his role, whose penalty is death.

From this we learn three main points: (a) As above—the great value of every single moment of human life; (b) The great value of each individual; (c) Even if a person has sinned, he still has a unique mission assigned by the Creator. There is more to discuss.

Summary

The Rebbe teaches that Torah law values every moment and individual so highly that it does not allow imprisonment as punishment; instead, it seeks correction while preserving each person's opportunity to fulfill their unique mission from G‑d.