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)
Similarly, Asheri’s son, Jacob, in conjunction with a tribunal of
Rabbis in Toledo, condemned to death the informer Joseph ben Samuel
and handed him over to the royal executioner.[231] Joseph ibn Migas
of Lucena (d. 1141) caused an informer to be stoned on the eve of
the day of Atonement.[232] Others, who approved of the extermination
of informers, or who actually passed the sentence of death on them
and handed them over to the State authorities for execution, were
such leaders of Spanish and North African Jewry as Jonah Gerondi and
Solomon ben Adereth (c. 1280),[233] Isaac ben Shesheth (14th cent.),
Abraham Benveniste (1432), Simon ben Zemach Duran (1400), and his son
Solomon. In the particular case in which Jonah Gerondi and Solomon
ben Adereth acted as the judges (c. 1280), the family of the informer
tried in vain to stir up the non-Jewish authorities by declaring that
a judicial murder had been committed. They claimed that according to
Jewish law, the Jews had long foregone the right of imposing a capital
sentence, that the sentence had not been pronounced by a Sanhedrin
of twenty-three, etc. The authorities refused them a hearing. But
Solomon ben Adereth found it necessary to justify the action that had
been taken. He therefore submitted the case in all its details to the
Rabbis of North France. Only one answer has been preserved,--that of
Rabbi Meir of Rothenburg, who clearly and decidedly ranks himself on
the side of Ben Adereth.[234] But it will be seen that in all these
cases, the utmost power that was allowed to the Jewish tribunal was
that of pronouncing the sentence of death. The consummation of the
sentence was left to the State authorities. On Aug. 21, 1379, at the
request of a delegation of Jews, the royal farmer of taxes, Joseph
Pichon, was beheaded as an informer by the royal executioner. One
result of this affair was, that the Cortes issued the following decree,
depriving the Rabbis and the Jewish courts of the country of the right
of deciding criminal cases: “We ordain and command, that henceforward
it shall not be permitted for any Jews of our kingdoms, whether
rabbis, elders, chiefs or any other persons that now are or shall be
hereafter, to interfere to judge in any criminal cause to which death,
loss of limb or banishment is attached; but they may decide all civil
causes that appertain to them according to their religion. Criminal
cases shall be tried by one of the Alcaldes, chosen by the Jews in the
towns and places of their respective jurisdictions.... This is to be
understood for those criminal cases that have hitherto been tried by
the said Jews”....[235] Subsequently, owing to the influence of Abraham
Benveniste, this right of judging criminal cases was restored to the
Jewish courts in Spain.
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