Death Penalty

The Death Penalty and Jewish Values

From The Religious Action Center

Biblical law mandates the death penalty for 36 offenses. These range from murder to kidnapping, from adultery and incest to certain forms of rape, idolatrous worship and public incitement to apostasy, from disrespecting parents to desecrating the Sabbath. The Reform Movement, however, has followed rabbinic interpretations that effectively abolished the death penalty centuries ago. Mishnah Sanhedrin 4:5 stresses the importance of presenting completely accurate testimony in capital cases, for any mistakes or falsehoods could result in the shedding of innocent blood. If any perjury were to cause an execution, "the blood of the accused and his unborn offspring stain the perjurer forever." The passage goes on to liken wrongful executions to Cain killing Abel, concluding that - it is for this reason that God created only one human in the beginning, a token that he who destroys one life, it is as though he had destroyed all humankind; whereas he who preserves one life, it is as though he preserved all humanity."

In another passage, the rabbis show distaste for executions. "Said one: The Sanhedrin (Supreme Court) that puts to death one person in seven years is termed tyrannical. Rabbi Eleazar ben Azariah says, One person in seventy years. Rabbi Tarffon and Rabbi Akiba say, if we had been in the Sanhedrin, no one would have ever been put to death. Rabban Simeon ben Gamaliel says, they would have thereby increased the shedders of blood in Israel (Mishnah Makkot 1:10)." While the last line indicates a belief that the death penalty, if carried out judiciously, can be a deterrent, prevailing Jewish thought in every movement has followed the previous opinions, which either oppose the death penalty outright, or allow for it only in the most extreme—once in seventy years—circumstances. Following this line of thinking, the major Jewish movements in the United States all have specific policy supporting either abolition of the death penalty, or a moratorium on its use.
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Judaism and the Death Penalty: Of Two Minds but One Heart

By NATHAN J. DIAMENT

Two Talmudic rabbis stated: "If we had been members of the Sanhedrin, no defendant would ever have been executed." A third authoritative rabbi responded that ending executions would have increased the number of murderers in Israel.

Supporting the Death Penalty in America

By SHMUEL JABLON

Despite the Talmud's procedural restrictions on capital punishment, certain sins deserve the ultimate penalty.

Abolishing the Death Penalty

By DANIEL SOKATCH

'I started becoming a Jewish abolitionist because of a piece of pecan pie. Ricky Ray Rector was so mentally impaired when he was put to death that he wanted to save the pie from his last meal for later.'

Moratorium Now! A Progressive Jewish Response to the Death Penalty

By DANIEL SOKATCH & STEPHEN ROHDE

Why capital punishment should be abolished, why abolition is a Jewish issue, and what you can do in your state.

Killing in Our Name?

By JOANNA SAMUELS

The entire community of Israelites stoned a man to death. Are we responsible communally for the death penalty?