Rethinking/Abolishing Prison

GEMARA: The mishna teaches that the Paschal lamb may be slaughtered on behalf of a prisoner only if he is included in a group with other people. Rabba bar Huna said that Rabbi Yoḥanan said: They taught this only if he is in a prison belonging to gentiles; but if he is in a prison belonging to Jews, one slaughters on his behalf even if he is by himself and not included in a group with other people. Since they promised him they would release him they will certainly release him, as it is written: “The remnant of Israel will not do iniquity nor speak lies” (Zephaniah 3:13). Therefore, there is no concern that on the night of Passover he will not be able to partake of the Paschal lamb. Rav Ḥisda said: With regard to that which you said, that the mishna’s ruling permitting the Paschal lamb to be slaughtered on behalf of a prisoner, but only when he is included in a group with others, refers to a prisoner in a prison belonging to gentiles, they said this only with regard to a prison outside the wall of Beit Pagei, i.e., the prison is located outside the area where the Paschal lamb may be consumed. But if the prison is located within the wall of Beit Pagei, one slaughters on his behalf even if he is by himself and not included in a group with other people. What is the reason? Even if he is not released from prison, it is possible for them to bring him a portion of the Paschal lamb while still in prison, and he will eat it there.

From where do we derive that one who was incarcerated in prison must offer thanks?
As it is written: “Such as sit in darkness and in the shadow of death, bound in affliction and iron.
Because they rebelled against the words of God and scorned the counsel of the most High” (Psalms 107:10–11).
And it says: “Therefore He brought down their heart with labor; they fell down, and there was none to help” (Psalms 107:12),
and it says: “Then they cried unto the Lord in their trouble, and He saved them from their distresses” (Psalms 107:13),
and it says: “He brought them out of darkness and the shadow of death,
and broke their shackles” (Psalms 107:14).
And after God takes them out from that darkness and shadow of death, it says: “They are grateful to God for His goodness.” The Gemara asks: What blessing does he recite? Rav Yehuda said: Blessed is…Who bestows acts of loving-kindness. Abaye said: And he must offer thanks before ten people, as it is written in the same chapter: “Let them exalt Him also in the congregation of the people and praise Him in the assembly of the elders” (Psalms 107:32), and congregation indicates a group of at least ten. Mar Zutra said: Two of them must be Sages, as it is stated there: “And praise Him in the assembly of elders.” These elders are the Sages, and the use of the plural indicates a minimum of two. Rav Ashi strongly objects to this: Say that all of them must be Sages. The Gemara rejects this: Is it written: In the congregation of elders? In the congregation of the people is written; and the Sages are among them. Yet there is still room to object: Say that ten are from the rest of the people, and in addition there must be two Sages. No satisfactory answer was found, and the question remains difficult, although the halakha was not rejected.

Many halakhot are derived from evoking the prayers of biblical characters. Rabbi Ḥiyya bar Abba said: One should always pray in a house with windows, as it is stated regarding Daniel: “And when Daniel knew that the writing was signed, he went to his house. In his attic there were open windows facing Jerusalem, and three times a day he knelt upon his knees and prayed and gave thanks before his God, just as he had done before” (Daniel 6:11).

§ Apropos a teaching of Rabbi Reuven ben Itzterobili, the Gemara states that Rav said in the name of Rabbi Reuven ben Itzterobili, and some say that it was taught in a baraita that Rabbi Reuven ben Itzterobili said: A man is suspected of having done something wrong only if he has indeed done so. And if he did not do it wholly, then probably he did it partly. And if he did not do it even partly, then probably he thought in his heart to do it. And if he did not even think to himself to do it, then certainly he saw others doing it and was happy. Suspicions do not arbitrarily arise about a person; therefore there is certainly some basis for them. Rabbi Ya’akov raised an objection: Does the verse not say: “And the children of Israel fabricated matters that were not right against the Lord their God” (II Kings 17:9), which indicates that it is possible to make up stories about someone else even though they are entirely baseless. The Gemara answers: There they did it in order to anger God, but they did not actually think that what they were saying was true. Come and hear a challenge from a different source: The verse states: “And they were jealous of Moses in the camp, of Aaron the Lord’s holy one” (Psalms 106:16). Rav Shmuel bar Yitzḥak said: This verse teaches that every man warned his wife against seclusion with Moses because he was jealous. This implies that every man thought that his wife had secluded herself with Moses and sinned, although this was certainly not the case. This demonstrates that it is possible to suspect an absolutely innocent person. The Gemara answers: There they did it out of hatred for Moses. They did not actually suspect him of wrongdoing. Instead, their goal was to degrade him by leveling these false accusations against him. The Gemara raises another challenge, based on yet another source: Come and hear that which Rabbi Yosei said: May my portion in the future world be with one who is suspected of a certain wrongdoing but is innocent, as the pain that such a person experiences atones for his sins. This statement also appears to imply that it is possible to suspect an absolutely innocent person. And Rav Pappa said: They suspected me of a certain wrongdoing but I was not guilty. The Gemara answers: It is not difficult. This is referring to a rumor that stops, and therefore it is possible that it is groundless, whereas that is referring to a rumor that does not stop, and in that case there must be a factual basis for the suspicion. The Gemara asks: To be considered a rumor that does not stop, for how long must it persist? Abaye said: My nurse told me: Local gossip lasts for a day and a half, and then it is deemed to be a rumor that does not stop. The Gemara comments: This applies only if the rumor did not stop in between, during the day and a half, but if it stopped in between then we have no problem with it, and it is not a persistent rumor. And if the rumor stopped in between, we said that it is considered baseless only if it stopped of its own accord and not out of fear, i.e., because the suspect is violent and therefore people are afraid to speak badly about him. But if the rumor stopped out of fear, then this dispensation does not apply, and it is still assumed that there must be some basis to the rumor. And we said that a rumor that stopped is assumed to be baseless only if it did not arise again. But if it arose again, then this does not apply. And we said that a rumor that does not stop must be taken seriously only if the slandered person has no enemies. But if he has known enemies, then it can be assumed that it was the enemies who disseminated the rumor.