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)
But the Bible recognises in capital punishment also a deterrent
character and an expiatory character, in addition to its retributive
character. It holds capital punishment to be a necessity as a
deterrent. The phrases “and thou shalt remove the evil from thy
midst,” “and Israel shall hear and understand and no more do this
evil,” which occur many times, coupled with the admonition to impose
capital punishment, show that this preventive purpose was closely
associated with the imposition of the death penalty. Malicious false
witnesses had to be treated as they would have treated the one against
whom they had testified, so that the public should take warning.[82]
The Bible also teaches explicitly that capital punishment is the just
punishment for murder, in order to atone for the pollution of the
land.[83] No pity was to be shown to the wilful murderer.[84] The right
of sanctuary granted to the one guilty of manslaughter, was not granted
to the murderer,[85] and the crime of shedding innocent blood had to be
atoned for in order to cleanse the sacred community of Israel.[86]
Yet the old Testament teaching of justice is tempered by mercy. “But if
the wicked turn from all his sins ... he shall surely live, he shall
not die.... Have I any pleasure in the death of the wicked? saith
the Lord God; and not rather that he should turn from his way and
live.”[87] It was a duty to try to save those going to death.[88]
The New Testament also admits the right of society to exact capital
punishment.[89] We have seen that Philo, Josephus[90] and the
apocryphal and apocalyptic books also do not doubt the reasonableness
and necessity of capital punishment. In the last pre-Christian
century, the Jewish people, particularly the Sadducees who were in
the ascendant, still followed the Bible in their maintenance of the
theory and the practise of capital punishment. The letter and the
spirit of the Biblical laws governed Jewish practise. But in the first
post-Christian centuries, these teachings of the Bible were modified in
many directions.
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