Capital punishment among the Jews : $b a paper read before the New York Board of Jewish MinistersPool, David de Sola
Religion
Capital punishment among the Jews : $b a paper read before the New York Board of Jewish Ministers
Pool, David de Sola
Capital punishment (Jewish law)
The Rabbis also saw in the death penalty an expiation of the sin that
had been committed. This supreme expiation was religious in character,
and was brought into connection with the Temple and its sacrificial
worship. Thus it is stated that only so long as the altar stood,[104]
or the priest officiated,[105] could the death penalty be carried
out.[106] According to the opinion of R. Akiba,[107] a capital sentence
on “a defiant elder” could not be consummated outside of Jerusalem, nor
even in Jabneh by the great Sanhedrin, while the Temple still stood;
but he should be brought to Jerusalem and put to death on one of the
middle days of the next festival when the city and the Temple were
thronged with worshippers. Those condemned to death were given the
opportunity to confess their sins when within ten cubits of the place
of execution, the confession opening for them the gates of the future
world.[108] It is related of one condemned man that when bidden confess
he prayed “May my death be an atonement for all my sins”....[109] If
the condemned man was unable to confess fully, he was bidden say “May
my death be an atonement for all my sins.”[110]
These four considerations, (a) the plain command of the written word
of the Torah, (b) the recognition of the deterrent and preventive
value of capital punishment, (c) the claims of just retribution and
(d) the recognition of the expiatory character of the death penalty,
leave it beyond doubt that the Rabbis approved of the theory of capital
punishment. They accepted without question the teachings of the Torah,
implying the justifiability of imposing the death penalty. At the same
time, numberless passages testify to the sacredness in which they held
human life,[111] and many passages prove that they had a vivid sense
of the irrevocability of a consummated death sentence. To put a man to
death wrongfully is as though one destroyed the whole world.[112]
Rabbinical Modifications
But it is no less clear that the Rabbis did not favor capital
punishment in practise. It is true, as will be shown later, that after
the fall of the Temple in 70 C. E., they no longer had the right of
imposing the death penalty. But we possess their theory of what their
practise would have been had they had the opportunity of exercising it,
and this theory tends altogether in the direction of modifying capital
punishment to its virtual abolition.
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