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)
The Pharisaic ruling that the death penalty for murder was inflicted by
decapitation is not disputed by any of the Rabbis.[58] But the method
of the execution is debated. The Mishna states that the victim’s head
was cut off at the throat with a sword, as the (Roman) government
carried out an execution.[59] R. Jehudah (135-220 C. E.) objected
that this _jus gladii_ would disfigure the victim.[60] He therefore
advocated, that instead of the old method recognized by the Rabbinical
tradition, the murderer’s head should be placed on a block and chopped
off at the neck with an ax. The Rabbis protested that this method of
beheading advocated by R. Jehudah would be far more shameful to the
victim than that common to the Jews and the Romans. R. Jehudah admitted
the force of their objection, but defended the method advocated by him
because it was not the same as Roman custom. The Talmud then proceeds
to eliminate other possible methods of killing by the sword, such as
piercing or cleaving the body, by quoting the principle of the golden
rule “Thou shalt love thy neighbor as thyself.”[61] Therefore we must
choose for him the easiest death. The comparison is then brought with
the heifer that was killed to atone for bloodshed.[62] As the heifer,
the substitute for the unknown murderer, was killed by having its
throat cut, so the known human murderer had his throat cut and not his
head chopped off at the neck, the golden rule again being quoted as
authority.[63]
In this case also the sources do not mention an actual case of
decapitation being carried out by a Jewish court. According to the New
Testament, Herod Antipas had John the Baptist killed by beheading,[64]
and Agrippa I. caused James the apostle, the brother of John, to be
killed by the sword.[65] But neither of these executions was ordered
by a Jewish court of law.
(d) _Strangulation_
The fourth method of capital punishment recognised in Pharisaic
tradition is STRANGULATION (_Henek_).
Strangulation does not appear in the Bible as a recognised legal method
of punishment. The only Biblical instance of death by strangulation is
the suicide of Ahitophel.[66]
Public-domain text, read in full here on John Shaqi.
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