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 all this is emphasized the Pharisaic desire to preserve the body
of the victim uninjured. According to R. Joseph, who declared that a
court which sentenced to an actual burning must have been a Sadducean
court,[44] this consideration was not of weight with the Sadducees. It
has been suggested therefore, that this desire of the Pharisees may
have been connected with their belief in the resurrection of the body,
a belief rejected by the Sadducees.[45]
The method of burning advocated by the Pharisees does not seem to go
back beyond the Christian era. The incident of the actual burning of
the priest’s daughter, witnessed by Rabbi Eleazar ben Zadok shortly
before the fall of the Temple, might be interpreted as implying that
the change in method was then taking place.[46] There is no mention in
the sources of a case of burning being carried out in the Pharisaic
manner, although the full details preserved in the Mishna, describing
the application of the method, would imply that the method had been in
use. But the number of cases of the possible application of the penalty
was limited, and a burning must have been a rare occurrence.
(c) _Beheading_
The third legal capital punishment recognised by the Rabbis is
BEHEADING (_Hereg_). Death by the sword, although recognized in a
blood feud and often used by kings,[47] is nowhere mentioned in the
Bible as a penalty ordered by law, except for the apostasy of a whole
community.[48] According to the Mishna,[49] murder also is punished
by beheading. The Boethusians,[50] the Samaritans,[51] Philo,[52]
Jesus,[53] Josephus,[54] the Book of Jubilees,[55] Eliezer ben
Hyrcanus, (1st cent. C. E.),[56] like the later Karaites,[57] all agree
in recognizing the Biblical talio as the punishment for murder. This
does not necessarily imply that the _method_ of inflicting the death
penalty had to be the same as the method used by the murderer. It
implies only that murder was punishable by death.
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