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Capital Punishment Text Study and Discussion Questions Many people use the bible as support for endorsing the practice of capital punishment. Similarly, people who oppose the death penalty often do so out of a fervent belief that it is morally abhorrent to God. In the face of these opposing voices, what do Jewish values teach us about the death penalty today? The following is a selection of texts which have been used for centuries by Jewish scholars in discussing the issue of criminal punishment. There are no "wrong" ways to read these texts and debating their meaning is a fundamental part of our tradition. 1. Life for life...as he hath done, so shall it be done to him: breach for breach, eye for eye, tooth for tooth. (Exodus 21: 23-24) This is perhaps, the most famous quote from the Torah. What does it say to you? What do you think it means? If this is taken literally, do you think this is "fair" and "just"? Why or why not? How could this system be implemented in a modern society? If no two eyes are exactly alike, and no two lives exactly alike, can there be an alternate reading of this text? What would it mean in our society today if the text read "the value of one life for the value of another life?" How would this be implemented in society? Do you think it would be more fair or less fair than a literal reading of the text? What moral value, if any, do you think this text conveys? Do you think it is a useful value? Why or why not? Is it a value you believe in? The Rabbis tell us that this text is generally taken out of context. Included in the full text was the law that "stubborn and rebellious" children could be stoned, and that those who did not keep the Sabbath could be put to death. Rabbis and scholars of this time period agree that this practice, along with the practice of capital punishment, was never actually used. They agree that this text intended to establish a value system, not a literal system of punishment. 2. Whoso shedeth man's blood, by man shall his blood be shed, for in the image of God made He man. (Genesis 9:6) What does this text mean to you? Why do you think we are reminded that we are made in the image of God? Is that important to this statement? Why or why not? What does this text tell us about the professional executioner? Does he/she have a special case, exempt from the idea of justice which we could get from literal reading of the text? Why or why not? 3. The Rabbis and scholars agree that the Torah provides a moral value system which then must be interpreted to establish legal practices of actual societies. Various text have been born out of this interpretation, including the following whish are taken from the Mishnah Sanhedrin. This text established a practical use for the punishment guides provided in the Torah. Testimony had to be presented by two eye witnesses of the actual crime. (Both witnesses of the actual crime) Both witnesses had to have forewarned the accused that the penalty for the crime that he or she was about to commit was death and the defendant had to verbally acknowledge that he or she understood. (Sanhedrin) One who is "hardhearted" was not permitted to be on the jury. (Sanhedrin) Circumstantial evidence was not allowed. (Sanhedrin) In capital cases the judge could intervene to present arguments for the innocence but not the guilt of the accused. (Sanhedrin) Look at these text one at a time. Do you think these are fair? What would you add? What would you take away? Why? How is this different from the system of capital punishment we use today? What restrictions do we put on using the death penalty? What restricting do you think there should be on our practice today? Our Rabbis teach us that it was because of the extreme value on each and every human life that so many restrictions were placed on the death penalty, to ensure that it would never really be used. 4. He who destroys one soul is as if he had destroyed the entire world. (Sanhedrin) Do you think this is true? Why or why not? Jews have always been rebels in this belief, differing from society as a whole. Do you think this is a rebellious belief in our society today? Why or why not? Do we embody this belief today? Do you think we should? If not, why? If so, what can we do? |