It may be safely affirmed that the Rabbis did not question the right of society to inflict capital punishment, even though they pictured God as grieving over the death of the wicked.[91] In the Mishna, they enumerated thirty-seven crimes (nineteen of morals, twelve of religious law, three against parents and three assaults), which they held to be punishable by death. In commenting on the Biblical warning “thine eye shall not spare the wilful murderer,” they say ‘thou shalt not say wherefore should I punish murder by murder. The one whom thou knowest indubitably to be guilty of a premeditated murder thou shalt not pity nor spare.’[92] The sternness of the capital sentence was recognised by the Rabbis as being in the best interests both of the criminal and of society.[93] “When the wicked perish there is joyful shouting,” was quoted in justifying the death penalty, to convince those who hesitated to help bring a capital offender to justice.[94] R. Akiba declared that so long as sinners such as Achan remain alive, the Divine anger rests upon the community. But when they are put to death, the Divine favor is restored.[95] The noxious thorns in the garden of humanity must be destroyed.[96] When Akiba (d. c. 132 C. E.), claimed that had he been a member of the Sanhedrin, a death sentence for murder or immorality would never have been imposed, Rabbi Simon ben Gamliel retorted “had you been a member of the Sanhedrin, you would have been responsible for the increase of murders.”[97] The Rabbis also approved of the preventive character of the Biblical death penalty. For instance, the death penalty for the rebellious, gluttonous son, is regarded by them not as a punishment commensurate with the wrong that the son may have committed, but as a preventive measure, necessary for society and necessary for the criminal. In explaining why the son must pay the penalty of death even though he has not spilled blood nor committed any major offence, they say that the Torah looks ahead. Let him die before he has incurred graver guilt; otherwise, he will sink lower and lower until finally he commits a capital offence. Therefore he should be put out of the way as a preventive measure.[98] Although we immediately see the danger lurking in such a principle of preventive punishment, the recognition of this principle by the Rabbis is further evidence that in theory they approved of the death penalty. Furthermore, the Rabbis approved of a fitting retribution. Biblical justice demands that the punishment correspond with the crime. He who digs a pit should fall into it.[99] The Psalmist prays that God may repay the wicked according to the works of their hands.[100] The Rabbis recognise this principle of retribution in kind in every phase of life.[101] The principle underlying the talio is that which they call “measure for measure.”[102] Bloodshed, according to this principle, could be expiated only by bloodshed.[103]