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)
Hanging, according to Biblical custom, was meted out to the _dead_
body of one who had been otherwise killed. The order of the words in
Deut. xxi, 22, 23 implies, that first the malefactor has been put to
death, and then as an added indignity his corpse is suspended. The
same treatment of hanging the corpse was meted out to the murderers
of Ishbosheth.[75] Similarly, Joseph tells the chief baker that in
three days Pharaoh will take off his head and then hang his dead
body.[76] The dead bodies of Saul and Jonathan were hung up by the
Philistines.[77] The five kings were first killed by Joshua and then
hanged.[78] A momentary hanging of the corpse was recognised by the
Rabbis in the case of the male idolator or blasphemer.[79] From these
examples of Jewish custom and from the context in the Mishna and
Talmuds, it becomes clear, that the witchcraft victims of Simon ben
Shetach’s zeal, were hanged in ignominy _after_ the death penalty had
been otherwise inflicted. In any case, the discussion in the Mishna
and the Talmud[80] shows that the action of Simon ben Shetach was
an exceptional action, from which no conclusion as to the regular
course of law could be drawn. There is consequently no evidence of
hanging alive ever having been carried out by a judicial sentence
of the Rabbis. It need scarcely be added that the Roman punishment
of crucifixion was a penalty unknown to Jewish law and abhorrent to
Jewish feeling. The inhuman savageness shown by Alexander Jannaeus in
crucifying his prisoners of war was no more a legally recognised form
of capital punishment than was his cutting the throats of the wives and
children before the eyes of the crucified victims.[81]
Jewish Attitude Towards Capital Punishment
Having summarized the history of the four methods of legal capital
punishment recognised by the Jews, we are now in a position to review
more broadly the question of the Jewish attitude towards capital
punishment.
The Hebrew Bible undoubtedly stands for the principle of capital
punishment, as has clearly emerged from the detailed consideration
of the particular methods of inflicting the death penalty set forth
above. In Biblical times, when the organization of Jewish society was
comparatively simple, retributive justice brooked few of the law’s
delays. In the simplest and most rapid manner, the avenger of blood
exacted the penalty of life for life. Society protected itself by a
swiftly effective punishment.
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