Death penalty in judaism

Regarding the death penalty, the biblical commandment: to love your neighbor as yourself, ( Lev. 19:18 ) is interpreted by the Talmud teachers as an injunction to execute a convicted criminal in the most humane way. ^[2] According to this approach, the death penalty should be similar to how God himself takes away from a person’s life, that is, not crippling the body. ^[3]

There is reason to believe that talmudic discussions about the death penalty, its types and methods, are predominantly theoretical, like discussing issues related to temple sacrifices at a time when the Temple no longer existed. The analogy between the discussion of different types of capital punishment and the discussion of sacrifices is directly stated in the Talmud itself.

In general, Talmud’s scribes regarded the death penalty negatively. So, in the Mishnah ^[4] it says:

The Sanhedrin sentencing to death once every seven years is called bloodthirsty; Rabbi El'azar bin Azariah says: “Even once in 70 years”; Rabbi Tarfon and Rabbi Akiva said: "If we sat in the Sanhedrin, the death sentences would never have been imposed," and Rabbi Shim'on ben Gamliel said: "If so, they would multiply the number of murderers among Israel."

The sentence was not carried out on the same day in order to increase the possibility of new, favorable evidence. Even when the convict was being executed, there was a readiness to stop the march at any moment. The convict himself had the right to stop the march four or five times and to demand that he be taken to court, as he recalled a new circumstance. On the way to the place of execution the herald addressed possible witnesses on the streets. Before the execution of the convict called for the expression of repentance. ^[five]

The scribes of the Talmud ruled that with the destruction of the Temple (in 70 AD), the Sanhedrin lost the right to impose the death penalty. ^[6]

Stoning

They were sentenced to stoning only for those 18 types of crimes for which the Bible directly prescribes such a penalty. ^[7] However, stoning in the Talmud was replaced by throwing the condemned person onto stones. ^[7] According to the Talmud, the sentenced should be dropped from such a height that death would occur instantly, but his body would not be disfigured. Stoning was done in the following way: a prisoner sentenced by a court was given an extract of narcotic herbs as an anesthetic, after which he was thrown off a cliff, and if he did not die from it, one large rock was dropped on top of him. There is evidence of stoning in the Bible (see Acts 7: 54–60 ).

Burning

Burning is prescribed by the Talmud only in those cases in which this penalty is established by biblical law. So that the body of the person sentenced to execution is not mutilated by burning, his neck should be wrapped in two scarves and pulled in opposite directions until the convicted person opens his mouth; then a burning fuse should be introduced into the mouth that “will reach its viscera.” ^[8] In fact, this penalty is a suffocation, since, in all likelihood, in this case death does not come from fire, but from suffocation. This method of killing in practice is not practiced. ^[eight]

Sword Execution

Execution with the sword was prescribed to punish the murderers or residents of the cities that had fallen apart . In both cases, this form of execution is based on biblical precepts ( Ex. 21:20 ; Lev. 26:25 ; Deut. 13: 15,16 ). According to some reports, only the murderers were beheaded with a sword (“in the manner practiced by the Roman government”). ^[9]

Strangulation

Strangulation was prescribed in all cases where the other way of the death penalty for the crime committed was not provided by law ^[10] , since it was considered the most humane and least disfiguring execution of the body. ^[11] However, there is no evidence that this method was actually practiced. The Talmud allows you to hang out the body of the executed person for only two types of crimes - blasphemy and idolatry. ^[12]

Other types of executions

The Talmud mentions that some criminals who could not be convicted due to lack of evidence or the severity of punishment were sentenced to imprisonment in conditions that ensure a quick death ^[13] .

There is also information about the use of such types of death penalty that are not prescribed by the Talmud. Thus, Josephus Flavius ^[14] reports that Alexander Yannai executed 800 Pharisees with a crucifix (that is, the method used by the Romans).

• Brief Jewish Encyclopedia , Ed. Islands for the study of Jewish communities. Jerusalem: 1976–2005.
• S. Mendelsohn. The criminal jurisprudence of ancient Hebrews . Baltimore, 1891.