The administration of Hebrew criminal law was marked by lofty conception
of right and wrong, and was pervaded by a noble sentiment of justice and
humanity. From the framing of the Decalogue to the latest years of
Jewish nationality, each succeeding generation witnessed some humane and
merciful modification of existing rules. Talmudic interpretation
invented a series or collection of sayings that gave form and character
to the whole body of later Hebrew law. These maxims were intended to
mitigate the rigors of the Mosaic Code and to establish safeguards
against negligence or injustice to the defendant in criminal trials.
Indeed, every possible precaution was taken to render impossible the
wrongful conviction of an accused person. The student of Hebrew law is
at times astonished by the excessive caution inculcated in criminal
procedure. Certain cautionary rules are no less than pedantic, and may
be justly and aptly styled Judaical. The judges leaned always to the
side of the defendant and gave him the advantage of every possible
doubt. They went a step farther and sought pretext after pretext that
would result in an acquittal. A sense of awful responsibility weighed
upon the hearts and consciences of the judges. The services of the
synagogue were not conducted with deeper fervor or greater religious
solemnity than were the proceedings of a capital trial in the great
Judgment Hall of the Sanhedrin. Certain sacred maxims flamed forever
like beacon lights along the pathway of the members of the court during
the solemn deliberations. "A judge," says the Talmud, "should always
consider that a sword threatens him from above, and destruction yawns at
his feet." The ancient adage, "the pen of the law fears the thunder of
Heaven," though of Chinese origin, is Hebraic in spirit. "Thou shalt do
no unrighteousness in judgment" was the leading aphorism of Hebrew
jurisprudence. Among the earliest traditions of the Fathers, we read
this maxim: "When a judge decides not according to truth, he makes the
majesty of God to depart from Israel. But if he judges according to the
truth, were it only for one hour, it is as if he established the whole
world, for it is in judgment that the divine presence in Israel has its
habitation." Hebrew horror of capital punishment and dread of taking
human life are well expressed in the celebrated maxim of the Mishna:
"The Sanhedrin, which so often as once in seven years, condemns a man to
death, is a slaughter-house."[164] And more striking and startling still
is the terrible sentence of Rabbi Meir: "What doth God say (if one may
speak of God after the manner of men) when a malefactor suffers the
anguish due to his crime? He says, _My head and my limbs are pained_.
And if he so speaks of the suffering even of the guilty, what must he
utter when the righteous is condemned?" The whole spirit of Talmudic
caution is well illustrated by the principal rule of the Pirke Aboth,
Public-domain text, read in full here on John Shaqi.
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