Rethinking/Abolishing Prison
גְּמָ׳ אָמַר רַבָּה בַּר הוּנָא אָמַר רַבִּי יוֹחָנָן: לֹא שָׁנוּ אֶלָּא בֵּית הָאֲסוּרִין דְּגוֹי, אֲבָל בֵּית הָאֲסוּרִין דְּיִשְׂרָאֵל — שׁוֹחֲטִין בִּפְנֵי עַצְמוֹ, כֵּיוָן דְּאַבְטְחִינְהוּ, מַפֵּיק לֵיהּ, דִּכְתִיב: ״שְׁאֵרִית יִשְׂרָאֵל לֹא יַעֲשׂוּ עַוְלָה וְלֹא יְדַבְּרוּ כָזָב״. אָמַר רַב חִסְדָּא: הָא דְּאָמְרַתְּ בֵּית הָאֲסוּרִין דְּגוֹיִם, לָא אֲמַרַן אֶלָּא חוּץ לְחוֹמַת בֵּית פָּאגֵי. אֲבָל לִפְנִים מֵחוֹמַת בֵּית פָּאגֵי — שׁוֹחֲטִין עָלָיו בִּפְנֵי עַצְמוֹ. מַאי טַעְמָא — אֶפְשָׁר דְּאַמְטוּ לֵיהּ וְאָכֵיל לֵיהּ.
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.
מִי שֶׁהָיָה חָבוּשׁ בְּבֵית הָאֲסוּרִין מְנָלַן? — דִּכְתִיב: ״יֹשְׁבֵי חֹשֶׁךְ וְצַלְמָוֶת וְגוֹ׳ כִּי הִמְרוּ אִמְרֵי אֵל וְגוֹ׳״. וְאוֹמֵר: ״וַיַּכְנַע בֶּעָמָל לִבָּם וְגוֹ׳״, וְאוֹמֵר: ״וַיִּזְעֲקוּ אֶל ה׳ בַּצַּר לָהֶם״, וְאוֹמֵר: ״יוֹצִיאֵם מֵחֹשֶׁךְ וְצַלְמָוֶת וְגוֹ׳״, וְאוֹמֵר: ״יוֹדוּ לַה׳ חַסְדּוֹ״. מַאי מְבָרֵךְ? אָמַר רַב יְהוּדָה: ״בָּרוּךְ גּוֹמֵל חֲסָדִים טוֹבִים״. אַבָּיֵי אָמַר: וְצָרִיךְ לְאוֹדוֹיֵי קַמֵּי עַשְׂרָה, דִּכְתִיב: ״וִירוֹמְמוּהוּ בִּקְהַל עָם וְגוֹ׳״. מָר זוּטְרָא אָמַר: וּתְרֵין מִינַּיְיהוּ רַבָּנַן, שֶׁנֶּאֱמַר: ״וּבְמוֹשַׁב זְקֵנִים יְהַלְלוּהוּ״. מַתְקֵיף לַהּ רַב אָשֵׁי: וְאֵימָא כּוּלְּהוּ רַבָּנַן?! — מִי כְּתִיב ״בִּקְהַל זְקֵנִים״? ״בִּקְהַל עָם״ כְּתִיב. וְאֵימָא בֵּי עַשְׂרָה שְׁאָר עַמָּא, וּתְרֵי רַבָּנַן! קַשְׁיָא.
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.
אָמַר רַבִּי חִיָּיא בַּר אַבָּא: לְעוֹלָם יִתְפַּלֵּל אָדָם בְּבַיִת שֶׁיֵּשׁ בּוֹ חַלּוֹנוֹת, שֶׁנֶּאֱמַר: ״וְכַוִּין פְּתִיחָן לֵיהּ וְגוֹ׳״.
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).