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-Biblical times, we find that on March 13, 4 B. C. E., Herod
burnt alive Matthias and his companions who had pulled down the golden
eagle set up over the gate of the Temple.[31] But this was the act of
a despotic monarch and not of a court of law. Josephus reports about
himself that the Galilean mob regarded him as a traitor, and some
cried out to stone the traitor and others to burn him.[32] This also
would have been the act of a passionate populace in wartime, and not
a legally imposed punishment. But there is one well attested instance
in early Rabbinic times of an actual burning by decree of a court of
law. This was reported by Rabbi Eleazar ben Zadok (fl. c. 100 C. E.),
who said that as a young child he had seen the adulterous daughter of
a priest bound around with vine branches and burnt.[33] His fellow
Rabbis, representing the Pharisaic tradition, declared that such a
course of action involving a literal burning, could have been carried
out only by an unlearned court (Mishna), or, according to R. Joseph, by
a Sadducean court.[34] The Book of Jubilees, which is also Sadducean
in its Halacha, prescribes burning for the marriage of a Jewess with a
non-Jew, for adultery and incest.[35]
But the Pharisaic tradition, as is well known, mitigated the severity
of the punishment by changing it into strangulation followed by a
slight, almost symbolic burning of the throat and inward parts.[36] The
reasons for the change of method are apparently the same as in the case
of stoning, first, the desire to rob the death of its pain[37], and
secondly, to avoid marring the body.
This latter reason is emphasized in the statement of Rab Mathna in
the Talmud[38], that the modification in the method was approved so
that the breath of life should be burnt out and the body preserved, as
was supposed to have been the case with the sons of Korah.[39] Rabbi
Eleazar adduces the same reason, referring to the case of the sons of
Aaron.[40] The Tannaitic tradition held that Nadab and Abihu met their
death through two narrow tongues of flame coming forth from the holy of
holies, each dividing into two and entering into the nostrils of the
two men, thus burning out the breath of life and leaving their clothes
and their bodies uninjured.[41] Similarly, the Syriac Apocalypse of
Baruch says that Sennacherib’s army was burnt by God only within
their bodies.[42] This statement reflects the Midrashic tradition
that because Shem covered his father’s nakedness, the clothing of his
Jewish descendants Nadab and Abihu, and of his non-Jewish descendants
composing Sennacherib’s army, was not burnt when the fire of the Lord
burnt out their lives.[43]
Public-domain text, read in full here on John Shaqi.
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