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)
[111] Their use of the phrase “worthy of death” applied to such mild
offenders as the scholar with stained clothing (Sabb. 104a), is
naturally to be understood as an emphatic hyperbole.
[112] E. g. Mishna Sanh. iv, 5; Tos. Sanh. ix, 5; Macc. 5b.
[113] Num. xxxv, 31, 32; Exod. xxi, 30, 32.
[114] Josephus _Antiq._, XVI, i, 1. Compare I Sam. xxvi, 19.
[115] Baba Bathra 8b, 10a.
[116] Exod. xxii, 2; II Kings iv, 1; Josephus _Antiq._, XVI, i, 1.
[117] Lev. xix, 20; Deut. xxii, 18; xxv, 3; II Cor. xi, 24; Luke xxiii,
15, 16, 22; Josephus _Antiq._, IV, viii, 21; XIII, x, 6; Macc. iii, 1
seqq., 15. But see Maimonides Sanh. 19, where among the two hundred and
seven cases for which flagellation is the legal punishment, eighteen
cases are enumerated in which flagellation is imposed on the one
deserving death “from the hands of Heaven.”
[118] Lev. xxiv, 12; Num. xv, 34; Acts iv, 3; xii, 4; xxii, 19;
Mechilta Mishpatim VI, p. 83a; Schechter, _Sectaries_, p. 12, ll. 2-6;
Sulzberger, _Jew. Quart. Rev._, 1914-15, V, 598-604.
[119] Ezra vii, 26.
[120] Sanh. ix, 5.
[121] Cf. I Kings xxii, 27.
[122] Either the witnesses were separated and not together, (Rab),
or the witnesses had not warned the murderer, (Samuel), or they had
tripped up in giving evidence, (Abimi).
[123] J. Sanh. ix, 5.
[124] Sanh. 27a bottom.
[125] The blind is one of the four classes (poor, leper, blind,
childless), who are considered as dead. Nedarim 62b. Practically, the
one blinded is rendered harmless for the future.
[126] Rashi ad loc. Kohut’s _Aruch_ בּה. See also Peah viii, 9 of the
unjust judge, “until his eyes grow dim,” with reference to Exod. xxiii,
8, Deut. xvi, 19.
[127] Sifra 92a, 11; J. Sanh. VII, 24b; Sanh. 52b, bottom.
[128] Josephus, _Antiq._, XIV, ix, 3; Mishna Sanh. ii, 2.
[129] Usually translated “cut off from his people.” But the Hebrew term
_amav_ is plural and seems to mean ‘kinsfolk’ rather than ‘people.’
Gen. xvii, 14; Exod. xii, 15, 19; xxx, 33, 38; Lev. vii, 20f, 25, 27;
xvii, 4, 9, 10, 14; xx, 6; xxii, 3; Num. xix, 13, 20, etc., etc.
[130] Josh. vii, 24f.
[131] I Kings xxi, 3; II Kings ix, 26.
[132] Ezek. xxiii, 47; Cf. also II Kings xxv, 7; Num. xvi, 32.
[133] E. g. Exod. xxxi, 14; Lev. xviii, 7, 8, 15, 20, 23, 29.
[134] Yeb. 55a.
[135] Moed Katan 28a; J. Bikk. II, 1, 64c.
[136] Sanh. 64b, 90b to Num. xv, 31; Maimonides, Hilchoth Teshuba
8. According to Maimonides, “death by the hands of Heaven” differs
from _Kareth_, in that the former refers only to this life, the death
serving as an expiation, whereas _Kareth_ refers also to the future
life. But see Jebam. 2a, Tosafoth אשח on the meaning of _Kareth_.
[137] Lev. xvii, 10; xx, 3, 5, 6. Cf. “and _I_ will destroy,” parallel
to “and shall be cut off” Lev. xxiii, 29, 30.
[138] Lev. xx, 19.
[139] Lev. xx, 20.
[140] Lev. xx, 21.
[141] _Kareth_, according to Rabbinical law, could be commuted to
scourging under certain conditions. Mishna Macc. iii, 15.
[142] Sanh. 33b. bottom.
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