Siman 2

Even though we do not judge capital cases, lashes, or fines in the diaspora, nevertheless, if the beit din sees that the hour requires it because the people are breached in transgressions, they judge everything according to the need of the hour [according to the permission of the government]. And even when they see an individual who is breached in transgressions, they may fine him according to their vision, provided that their intention is for the sake of Heaven. And even if there is no complete testimony in the matter, but there are grounds for the matter and a rumor that does not cease, and there are no enemies who put forth the rumor, if it appears that this is the need of the hour to judge him with such and such, they must do so if they have the power in their hand. For if we were to base everything on the law and require witnesses and forewarning, the world would be found destroyed; and Jerusalem was only destroyed because they based their words on the law of the Torah [the Rashba in a responsum]. And they have the authority to chastise him in his body and his property as they see fit to fence the breach. And if he is a violent man, they act through the government courts, and they shall command him: "Do what the law of Israel tells you." And anyone who has the power in his hand to make a fence for the Torah and does not do so, he has no fence in this world or in the world to come, and no child or grandchild, and no one remaining or spared [the Beit Yosef in the name of Midrash HaNe'elam]. And so too they are obligated to supervise that there shall not be found, Heaven forbid, among Israel any thought of rebellion even in the heart against our lord the Czar, may his glory be exalted, and his ministers. And the sages, of blessed memory, already said that the Holy One, Blessed be He, adjured Israel that they should not rebel against the kingdoms [Ketubot 111a]. And it is written: "Fear the Lord, my son, and the king," and the kingdom of the earth is like the kingdom of the firmament.

And this power belongs only to one who is great in Torah or to the leaders of the city, for the leaders of the city in their city have power like the great beit din. And in our times, it is incumbent upon the Rav and the leaders of the city to fence in the breaches of Israel with all their ability. And whatever they enact [with the permission of the government] regarding any tax, the community is obligated to fulfill, even if there is gain for this one and loss for that one, since this matter pertains to the improvements of the community or to create a fence for a matter. And whoever obstructs this or ruins it is a companion of Jeroboam son of Nebat. And do not pay heed if there are also some among the scholars who strengthen the destroyers, for presumably they do not have fear of Heaven; examine and you will find.

But regarding a matter that is not for the purpose of a communal improvement of the city nor for the sake of establishing a safeguard, the tuvei ha'ir do not have the power except to compel the public in that which was the custom previously or that which the entire public accepted upon themselves. And even regarding mere words where they said "we desire," they can afterwards compel them, for all matters of the public are established with words alone, as it is impossible for the entire public to perform kinyanim. And without these details, they do not have the power to act in a matter where there is gain for this one and loss for that one. Nevertheless, if there is a custom in the city that the tuvei ha'ir have the ability to act according to what appears proper in their eyes in every matter, or that the people of the city accepted them upon themselves that they should have the ability to do all that appears proper in their eyes, then they have the ability to act even in a matter where there is gain for this one and loss for that one. And the tuvei ha'ir whose hearts are toward Heaven, Hashem will help them, and one who comes to be purified is assisted from Heaven.

The later authorities wrote that one who is liable for lashes should give forty gold pieces, and in such matters, the beit din has the authority to act according to their assessment. There was an incident in former times regarding one who was liable for lashes and sat on the ground to be lashed, but the official did not come to lash him, and our teachers exempted him from being lashed further, since he was already shamed by the preparation for the lashes [Sma], as Chazal said: once he has been disgraced, he is exempt [the Rambam, chapter 17 of Sanhedrin].