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)
But there are some minor exceptions to this that must be noted.
(i) A certain R. Hama b. Tobiyah caused Imarta, daughter of the
priest Tali, to be burnt. But his action was condemned, both because
the sentence had been carried out in the barbarous non-Pharisaic
method that R. Eleazar ben Zadok had seen in his youth,[202] and
because a capital sentence had been imposed after the destruction of
the Temple.[203] (ii) On one occasion a certain Tamar was condemned
(although not to capital punishment) by Rab Ammi, Rab Assi and Rab
Hiyya b. Abba in Tiberias (c. 300 C. E.). She complained to the
Roman proconsul in Caesarea of this usurpation of the Roman right of
judgment, and the influential intervention of Abbahu was required to
protect the Rabbinical judges.[204] (iii) On another occasion, Rab
Shila, perhaps the Tana of that name, caused a man who had committed
an offence to be whipped. The man complained to the Roman government
that Rab Shila was exercising judicial functions without the authority
of the government. The government sent an officer to investigate the
case, and the complainant was adjudged by the officer to have rendered
himself liable to the death penalty through the offence for which R.
Shila had punished him. The offender was thereupon handed over by
the officer to Rab Shila. But Rab Shila refused to consummate the
sentence, on the ground that since the exile from Palestine, the right
of capital punishment had not been vested in the Jews. Subsequently,
when the man was about to make a second complaint about Rab Shila, Rab
Shila who had been given the staff of judicial authority, killed the
man with his staff.[205] (iv) Another case in point is the following:
A man once declared before Rab (d. 247 C. E.), that he would persist
in a certain course despite Rab’s warning. Rab Kahana who was present
rose up and killed the contumacious man. Rab declared the killing to be
legally justified, but advised R. Kahana to flee to Palestine, since
the new Persian rulers were stricter in punishing bloodshed than the
Romans had been.[206] (v) Lynch law is recognized by the Mishna, when
it allows certain offenders to be struck down _flagrante delicto_.[207]
(vi) In connection with the remark that the one born under the planet
Mars will be a shedder of blood, Raba (4th century) said, ‘I was born
under Mars’; to which his pupil Abaye remarked, ‘Master, you also (as
exilarch) punish and put to death.’[208] (vii) Origen in his letter to
Africanus (240 C. E.) declares that the Jewish Patriarch in Palestine
exercised the power of imposing and carrying out capital sentences.[209]
Public-domain text, read in full here on John Shaqi.
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