The Penitents’ Enactment: Justice and Rehabilitation in Rabbinic Civil Law
A thief, according to both Torah law and common sense, must return her stolen property to its rightful owner. But the Talmud describes circumstances in which the Rabbis choose to waive this basic obligation in service of a different goal: teshuvah, or repentance, of the wrongdoer. This Elul, we’ll explore several sugyot addressing different iterations of what becomes known as takanat hashavim, or “the penitents’ ordinance,” and we’ll seek to understand how Chazal imagine the relationship between private virtue and civil society.