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)
In post-Talmudic times, the problem of capital punishment according to
Jewish law scarcely arose. Although the theory of it had been fully
worked out, there were no occasions for the application of the theory,
both because the Temple no longer stood and the Jewish courts had no
jurisdiction,[224] and because after the interruption of _Semicha_
(ordination), no judges were regarded as competent.[225] This statement
is true, however, only with certain limitations. Although as a general
rule the Jewish courts in the diaspora had no jurisdiction in capital
cases, there were times and places in which the power of imposing the
death penalty was vested in the Jewish courts. Thus Asheri (c. 1300)
wrote: “In no country of which I have heard have Jews their own courts
for the trial of criminal cases except here in Spain. It was a source
of great astonishment to me when I came to Spain, that the Spanish Jews
should try criminal cases without the full and authorized Sanhedrin;
but I was informed that this was done in accordance with an order of
the government.”[226] Similarly, we find the Jews of Tudela asking the
viceroy of Navarre, “That he would be pleased to order and that we
practise the Jewish law as our ancestors have hitherto; that is, when a
Jew or Jewess commits a sin, on our magistrates applying to the bailiff
and notifying to him the sin committed, and the punishment it deserved
according to Jewish law, the bailiff shall execute it, and enforce the
sentence of our said magistrates, whether of condemnation or acquittal;
or of any demand from one Jew to another, as we have been accustomed,
not affecting the rights of our lord the king.” This right was granted
them.[227]
Asheri himself unhesitatingly imposed the sentence of death on an
informer.[228] The _Moser_ (informer, _delator_), constituted so
poignant a danger to Jewry in exile, that the death penalty was not
infrequently consummated in his case. Jewish law gives the right to
kill the informer, on the principle of life for life. Since he is
seeking your life, you are justified in saving your own by taking
his.[229] The death sentence on the _Moser_ was pronounced by the
Jewish community and carried out by the non-Jewish authorities to
whom the convicted _delator_ was handed over. Maimonides (12th cent.)
declares that it regularly happens in the cities of the West that they
kill informers, or hand them over to the non-Jews to be killed or
dealt with according to their guilt.[230]
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