[net.religion.jewish] Stoning

de@moscom.UUCP (Dave Esan) (06/26/85)

In reference to the question of "if adultery is not punishable by skila
(stoning), why does the Xian Bible relate a story of a woman who was
being stoned for adultery?"

The Talmud Sanherdrin notes that capital cases can only be heard by a
court of twenty-three.  These courts courts existed only in larger towns.
According to the text, there was extreme investigation of the witnesses,
with the intent that a person should not be found guilty.  Rabbi Akiva
noted that any court that actually condemned a person to death and meted
out the punishment, even if it were once in seventy years, was called
a bloody court.  This obviously implies that capital cases were quite 
rare, if non-existant.

In answer to the question, if such an action were going on it would have
been done by a court of twenty-three, composed of three-three people who
had "smicha", that is were really rabbis in the Talmudic tradition, and
were well versed in the law.  They would have been aware of the distinctions,
and would have acted according to the traditional law.  If Samet is
correct that adultery is not punishable by "skila", then the story is just
that a story.


David Esan (!ritcv!moscom!de)



> In article <612@sfmag.UUCP> samet@sfmag.UUCP (A.I.Samet) writes:
> >
> >   1) The sin of male homosexuality is punishable by death  by skila
> >   (stoning).  Of  the  4  methods   of execution, skila is the most
> >   severe.  The only other sexual offenses punishable by  skila  are
> >   certain  types  of  incest, and  having  sex  with  an animal. By
> >   contrast, adultery is punishable by lesser forms of execution.
> >   
> Was this not true in biblical (Roman occupation) times? I ask because
> there is a well-known New Testament Christian story most commonly
> referred to as "The woman taken in adultery". [The story is that Jesus
> comes across a scene in which a woman who had been caught in adultery is
> about to be stoned to death. He intervenes, says "Let he who is without
> sin cast the first stone", and the crowd disperses. He then forgives the
> woman.]
> 
> Anyway, this incident depicts a woman guilty only of adultery being
> subject to stoning, supposedly in a typical 1st-century Jewish
> community. Would it be that the distinction between the different death
> sentences was not made until later, or only by an official court, like
> the Sanhedrin (if they would get involved in such), and not in an
> ordinary village?
> 

fsks@unc.UUCP (Frank Silbermann) (06/28/85)

> In article <612@sfmag.UUCP> samet@sfmag.UUCP (A.I.Samet) writes:
> >
> >   1) The sin of male homosexuality is punishable by death  by skila
> >   (stoning).  Of  the  4  methods   of execution, skila is the most
> >   severe.  The only other sexual offenses punishable by  skila  are
> >   certain  types  of  incest, and  having  sex  with  an animal. By
> >   contrast, adultery is punishable by lesser forms of execution.
  
> Was this not true in biblical (Roman occupation) times? I ask because
> there is a well-known New Testament Christian story most commonly
> referred to as "The woman taken in adultery". [The story is that Jesus
> comes across a scene in which a woman who had been caught in adultery is
> about to be stoned to death. He intervenes, says "Let he who is without
> sin cast the first stone", and the crowd disperses. He then forgives the
> woman.]
> 
> Anyway, this incident depicts a woman guilty only of adultery being
> subject to stoning, supposedly in a typical 1st-century Jewish
> community. Would it be that the distinction between the different death
> sentences was not made until later, or only by an official court, like
> the Sanhedrin (if they would get involved in such), and not in an
> ordinary village?

Maybe that's why Jesus stopped the stoning -- it was illegal under
Jewish law.

	Frank Silbermann

cgeiger@ut-ngp.UTEXAS (charles s. geiger) (07/04/85)

So I read that male homosexuality is worse than adultery because
its death penalty is worse than that for adultery.  It seems to me
that *any* death penalty is pretty severe.  I understand what is
trying to be said, but I still find it hard to believe that anyone
still takes this stuff seriously!