Capital punishment among the Jews : a paper read before the New York Board of…

Capital punishment among the Jews by David de Sola Pool is a scholarly historical-legal study written in the early 20th century. It examines how Jewish law defined, applied, modified, and ultimately curtailed capital punishment across the Biblical, Second Temple, rabbinic, and medieval periods, with special attention to legal procedures and moral reasoning. The book first reviews the four rabbinically recognized executions—stoning, burning, beheading, and strangulation—showing how the Rabbis humanized them (e.g., stoning recast as precipitation; burning reduced to strangulation with a token cautery; beheading done by sword at the throat; strangulation preferred for least disfigurement). It then outlines the Bible’s purposes for the death penalty—retribution, deterrence, and expiation—while noting rabbinic efforts to preserve life and dignity. Most of the study traces the dense legal safeguards that made execution virtually unattainable: two unimpeachable witnesses who issued a precise prior warning, rejection of circumstantial evidence, exacting cross-examination, numerous disqualifications, and stringent court rules (a 23-judge panel, delays, supermajorities, broad avenues for appeal, and a general tilt toward acquittal). Offenses marked for “kareth” were left to divine judgment, further narrowing human jurisdiction. Under Roman rule, Jewish courts lost capital power after the Temple’s destruction; thereafter discussions became largely theoretical, with only rare, exceptional acts tolerated by authorities. In the medieval diaspora, Jewish courts seldom held capital authority, though in parts of Spain and North Africa they sometimes condemned dangerous informers, typically handing them to state executioners. Overall, the work shows a tradition that upheld the death penalty in principle but, through legal refinement, rendered it practically inoperative. (This is an automatically generated summary.)

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About this eBook

Author Pool, David de Sola, 1885-1970
Title Capital punishment among the Jews : a paper read before the New York Board of Jewish Ministers
Original Publication New York: Bloch Publishing Company, 1916.
Credits deaurider, PrimeNumber and the Online Distributed Proofreading Team at www.pgdp.net (This file was produced from images generously made available by The Internet Archive)
Language English
LoC Class DS: History: General and Eastern Hemisphere: Asia
LoC Class HV: Social sciences: Social pathology, Social and Public Welfare
Subject Capital punishment (Jewish law)
Category Text
eBook-No. 77702
Release Date
Copyright Public domain in the USA.
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