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 Mishna[67] specifies strangulation as the punishment for the
son who purposely wounds his parent, for the false prophet, for the
one who prophesies in the name of idolatry, for stealing a Jew, for
adultery with a married woman, seducing a priest’s betrothed or married
daughter, etc. It was the method of capital punishment preferred by the
Rabbis; for R. Yoshia said that wherever the Bible does not specify
the method of carrying out the capital sentence, strangulation should
be adopted because it is the least severe measure. Rabbi Jonathan
also said that strangulation should be adopted, even though in his
judgment strangling is not an easier method of death than other
methods.[68] The reason for this preference seems to be because of the
four legally recognized methods of capital punishment, strangulation
as it was carried out was the only one which left the body practically
uninjured. The condemned man was to be sunk up to his knees in mud
and then strangled by having a hard cloth which was wrapped in a soft
one twisted around his neck and pulled in opposite directions until
the suffocated victim died.[69] Strangulation therefore satisfied the
Rabbinic desire to avoid marring the body far better than did stoning,
burning or decapitation. R. Jehudah explains that the death penalty as
inflicted by man should be like that inflicted by God in not injuring
the human body.[70] This consideration it was, also, as we have seen,
that played a large part in inducing the Rabbis to mitigate the method
of burning, by reducing it to strangulation followed by an almost
symbolical burning.
Again, in this case, the sources do not mention any definite case in
which the punishment of strangulation was actually carried out as a
result of a court judgment. But it is clear that strangulation induced
in the older manner of hanging was not infrequently consummated in
the earlier Rabbinic period. Raguel’s daughter Sarah “thought to
have hanged herself.”[71] A proverbial remark in the mouth of Rabbi
Akiba (d. c. 132 C. E.), ‘if you wish to strangle yourself, hang
yourself on a high tree’,[72] would indicate that hanging was a well
recognised method of death. According to one source, Judas Iscariot
hanged himself.[73] It is reported by Rabbi Eleazar,[74] that Simon
ben Shetach (fl. 80 B. C. E.) hanged women in Ascalon. But in this
case the question arises whether they were hanged alive or hanged as a
reproach after they had been otherwise killed.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account