The penalty for disobeying a court subpoena TB Moed Katan 16

Since the Mishnah on daf TB Moed Katan 13b includes “one who had been ostracized (menudeh-מְנוּדֶּה) in the list of people who may cut their hair on hol hamoed, Today’s daf TB Moed Katan 16 discusses the three different levels of ostracism and the length of punishment.

The first level is nezifah-נְזִיפָה admonition or censorship. If the person unintentionally insults somebody, the length of censorship in the land of Israel is seven days and in Babylonia one day.

The second level is nedui-נִידּוּי ostracism. For example, if the court subpoenas somebody and he disobeys the subpoena and refuses to come, the court may put him in nedui. Of course the recalcitrant person needs to be warned before he is ostracized. In the land of Israel the period of ostracism is 30 days and in Babylonia seven days. People may not come within 4 cubits of the menudeh. If he still is recalcitrant, the court can extend his ostracism for another 30 days.

The third and final level is herem-חֶרֶם excommunication. A curse accompanies the excommunication. If the person has been ostracized for 60 days, the court excommunicates him.

The court may apply other pressures upon the recalcitrant. The court has the power to declare that the person’s positions ownerless. “And from where do we derive that the court may declare the property of one who does not obey its orders as ownerless? As it is written: “And that whoever would not come within three days, according to the counsel of the princes and the Elders, all his substance shall be forfeited [yaḥoram] and himself separated from the congregation of the exiles” (Ezra 10:8). “Shall be forfeited” is referring to excommunication.” (SEfaria.org translation) This is the source for this seizure power of the court (הפקר בית דין בפקר). The court also may contend with the person, curse him, beat him, pull out his hair, and make him take an oath by God. The court may also shackle his hands and feet, chain him, and apply pressure.

The daf is replete of stories of people who were admonished or ostracized. Excluding the case of someone who doesn’t obey a court’s subpoena, I personally think that the rabbis were way too sensitive and the offending person should not have been admonished or ostracized. To see what I mean, study the rest of the daf.

Disobeying a subpoena in order to subvert justice remains a crime today. I only wish that the House of Representatives special committee investigating the January 6 insurrection’s subpoenas had more teeth. Too many people who may have incriminating information or refusing to appear before the committee and give testimony. Those accused of the insurrection or abetting it must be tried, and if found guilty punished. The fate of our democracy hangs in the balance.