Capital punishment among the Jews : $b a paper read before the New York Board of Jewish Ministers — John Shaqi
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)
Stoning was apparently the usual method of inflicting the death penalty
in Biblical times whenever burning was not specifically called for.[6]
It was carried out outside the camp or town or at the gate,[7] by the
people or mob, without any other ceremony[8] than the casting of the
first stone by the witnesses.[9]
In post-Biblical times, we find that according to John x, 31, “the
Jews took up stones again to stone” Jesus. According to Acts vii, 57f,
Stephen, the protomartyr of the Church, was stoned, but whether by the
uprising of the mob or by judgment of the court, is not clear.[10]
According to Luke xx, 6, the chief priests and the scribes and elders
feared to suggest that John the Baptist was not a prophet, because
if they did so “all the people will stone us.” In a passage which is
admittedly a Christian interpolation in Josephus, we are told that
the Sadducean high priest Anan (62 C. E.) removed James, the brother
of Jesus, and some others by stoning, after a semblance of a legal
trial.[11]
In the Rabbinic literature also, there are incidental references to
actual cases of stoning, which may seem to imply that in the earliest
Rabbinic period lapidation was carried out in the simple manner
described in the Bible. In the Mishna,[12] it is stated that a priest
who ministered in the Temple in a state of ritual impurity was beaten
on the skull by the young priests, with blocks of wood.[13] In early
Rabbinic times, the death penalty by stoning was undoubtedly carried
out. Rabbi Eleazar ben Jacob (1st cent. C. E.) states that as an
exemplary measure, the Jewish court (_Beth Din_) in Grecian days,
imposed the sentence of stoning on one who rode on horseback on the
Sabbath.[14] Tosefta Sanhedrin ix, 5, mentions a definite case of a man
going out to be stoned. Tradition states further that Ben Satda, later
wrongly identified with Jesus[15], was stoned.[16] The Beth Din in
Jerusalem is also said to have inflicted the death penalty by stoning
for a case of apparent incest and for another gross crime.[17] But
whether any of these cases of stoning was carried out in the Pharisaic
method of precipitation described in the Mishna Sanhedrin vi, 4, is not
clear from the sources.[18]
It may be asked what basis there was for the Pharisaic modification of
lapidation to precipitation. In a war with Edom, captive Edomites were
killed by being precipitated from a rock.[19] Two Jewish mothers who
had circumcised their children during the persecutions of Antiochus
Epiphanes are said to have been killed by being hurled from the wall of
the city.[20] The false witnesses who accused Susanna were similarly
dealt with.[21] The gospel according to Luke relates that the people
of Nazareth wished to cast Jesus headlong from the brow of the hill
whereon their city was built.[22] Precipitation was therefore a well
recognised modification of lapidation, and not a sheer invention of the
Rabbis.
Public-domain text, read in full here on John Shaqi.
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