Letter: Commentary on death penalty is wrong about Hebrew Bible
The letter is based on an understanding of the Hebrew Bible that is, forgive the pun, dead wrong. The Hebrew Bible is understood not simply by reading the text itself but through studying the Talmud, an explication of the biblical text by ancient rabbis and sages.
Wrestling with the text reveals its true meaning. The letter says Exodus 21:14 demands the death penalty for premeditated murder, but how is premeditation proven? To convict someone of premeditated murder under Jewish law, the court required two witnesses, according to Numbers 35:30. The Christian Bible accepts this principle in John 8:17.
In Jewish law, two witnesses must testify that they warned the assailant he could be sentenced to death if he commits murder. The witnesses had to testify they heard the assailant assent in case the assailant was deaf.
Premeditation under biblical law was extremely difficult to prove. Many other legal requirements were imposed. Historians doubt anyone was ever convicted of premeditated murder under Jewish law.
Marshall Dayan
Pittsburgh
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