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)
Examples of legal safeguards could readily be multiplied. But it is
sufficient for our present purpose to sum up these details by saying
that the publicity of the trial, the confrontation of the defendant
and the plaintiff, the absence of torture, the careful elimination of
improper witnesses, the solemn warning to the witnesses, the searching
examination of the witnesses, the remarkable requirements for a valid
warning, the extraordinarily high standard as to what constituted
evidence, the equally extraordinary number of loopholes allowed to the
defendant, the limitations on the court, forbidding it to deduce a
capital punishment if the Bible did not explicitly call for one, the
immediate acquittal by any majority of the judges, the postponement of
the final decision if a majority were in favor of death, the obligation
on those who had voted against the death penalty of keeping their
vote unchanged at the second ballot, together with the permission to
change their opinion granted those who had voted in favor of the death
penalty, the right of the judges after a condemnation to change their
opinion any time before the execution, the constant public appeal
for further evidence until the final execution, the prohibition of
more than one capital sentence being pronounced in one day, and other
innumerable elements of legal interpretation and procedure, all worked
to make legal capital punishment impossible of practical application.
Practise and Theory
In view of the fact that in pre-Christian and the earliest Rabbinic
times legal capital punishment was carried out, as has been shown
above, it becomes necessary to inquire when and why the practise of
capital punishment ceased among the Jewish people. In Biblical times,
and in post-Biblical times when the Sadducees controlled Jewish
life, the old death penalties were carried out without essential
modification. But under Roman rule, a change took place. Schürer
claims[185] that from the very beginning of the Roman dominion the
Jewish courts lost their competence to judge capital cases. According
to the gospel according to John, Pilate is made to say to the Jews,
“Take Jesus yourselves and judge him according to your law. The Jews
said unto him, ‘It is not lawful for us to put any man to death.’”[186]
Talmudic sources state that forty years prior to the destruction of
the Temple, i. e., 30 C. E., the right of deciding capital cases
was taken from the Jewish courts.[187] But Rab Joseph, R. Hiyya and
the school of Hezekiah taught, that this right was taken away from
the Jews by the Roman government, from the time that the Temple was
destroyed, i. e., 70 C. E.; adding, that the Sanhedrin abolished the
practise though not the theory of the four death penalties.[188] Of
these two dates given by the Rabbis, the second is apparently correct.
The earlier date, 30 B. C. E., probably arose from a misunderstanding.
The original statement made by R. Ishmael b. Jose, (end of the second
Public-domain text, read in full here on John Shaqi.
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