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)
often projected legal conceptions into the past as actual facts.[221]
It is impossible for us to pick out from the vast accumulation of
statements, rules and principles governing capital punishment according
to Amoraic ideas, exactly how much is historical tradition founded
on actual practise and how much only theoretic deduction. But from
the beginning of the Rabbinic period, we can clearly trace a growing
feeling of repugnance to capital punishment, which, along various
lines, succeeded in making capital punishment obsolete through legal
theory. Had the later Rabbis ever been granted the right of trying
capital cases, the theory which had been developed would have made
legal capital punishment impossible of application. Thus the Mishna
already could say,[222] that a Sanhedrin condemning to death once in
seven years was called a destroying or bloody Sanhedrin. Rabbi Eleazar
ben Azariah (first cent.) said that it was so called for imposing the
death penalty even once in seventy years.[223]
It should be plainly recognised that capital punishment was never
formally abolished by the Rabbis. The penalty of death was demanded
by the laws contained in the sacred statute book, the Bible, and as
such it was accepted as needing no justification or defence. But it
was legislated out of all practical application in the development of
the law. The Rabbis of the Talmudic era abolished capital punishment
in the only way open to them,--in theory, as they would undoubtedly
have abolished it also in legal practise while retaining it as a dead
letter on the fundamental statute book, the Bible, had Jewish national
independence been regained in their day.
Post-Talmudic Development
A few words should be added relative to the development of the idea of
capital punishment among the medieval Jews.
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