Is Capital Punishment Sanctioned by Jewish Tradition?

Mishpatim

Ex. 21:1 - 24:18

Précis: Having received the Ten Commandments (in the previous parasha), Moses now reveals ordinances (mishpatim) needed to implement a comprehensive system of laws. The first group of commandments (mitzvot) relate to the rights of servants (slaves), followed by rules about murder, crimes against parents, personal injury law, offenses against property, and bailment. A list of moral offenses follows, including seduction, witchcraft, sexual perversion, polytheism, and oppression of the “widow, the orphan, and the stranger among you.” The parasha also includes the command to observe a sabbatical year, the Shabbat, and then lists the requirements for the observance of the pilgrimage festivals (Passover, Shavuot, and Sukkot). The command not to boil a kid in its mothers’ milk (a key proof text for the laws of kashrut) is mentioned, and at the conclusion of the parasha, we find a ceremony where the People, represented by Moses and 70 elders, have an encounter with the Divine Presence and accept the laws and the Covenant.

Ex. 21:12 “Anyone who strikes a person with a fatal blow is to be put to death.”

In these days when the idea of political compromise seems to be anathema to many, one area where there appears to be a growing consensus is on prison reform, with a focus on reducing imprisonment for non-violent drug offenders. This is indeed a positive development. However, there seems to be little discussion about whether or not our system of capital punishment should continue.

“Strict constructionists” and “originalists” insist that since capital punishment was common at the time of the adoption of our constitution, it must remain constitutional today. Others would suggest that the current system is inherently unfair and thus contrary to constitutional principles. What does our religious tradition tell us?

Rabbi Lewis Warshauer has written about capital punishment (MyJewishLearning.com 2/12/13), and reviewed a panel discussion (the 2001 Pew Forum on Religion and Public Life) which included a Catholic, a Jew, an African-American Protestant, and a Southern Baptist.

The Catholic representative focused on his Church’s movement away from accepting capital punishment, citing his Church's teachings but not Biblical sources. His bottom line? While a state has the right to impose capital punishment, it should not do so.

            The Southern Baptist spokesman stated support for capital punishment because the Bible supports it, specifically noting Genesis 9:6: "Whoever sheds the blood of man, by man shall his blood be shed."

The African-American Protestant used secular reasons for his group’s opposition to the death penalty.

            The Jewish representative quoted rabbinic interpretations, most of which demonstrate the reluctance to impose the death penalty, shown in rabbinic requirements for two witnesses, intense judicial inquiry, and the need to warn the actor against his action before it is taken. He advocated limitation of the death penalty in the United States because of the enormous questions as to its fairness and impartiality in imposition.

I bel;ieve that there are isolated instances where capital punishment may be appropriate in the United States today, but few can doubt that our system is erratic and unfair. Contrary to Jewish law, the prosecutor seeks a conviction, not necessarily truth or justice. Here, the death penalty is applied disproportionately to those with diminished mental capabilities, to the poor, and to racial minorities. Those who can afford excellent defense representation rarely are sentenced to death. Our system is at odds with the traditional Jewish limitation on its implementation.

Should we seek to “impose” our own tradition on broader American society? Of course not, even if we had the means to do so. Nevertheless, our political action on this issue can and should be enlightened by our tradition.

Why is it so bad to covet?

Yitro

Exodus 18:1 - 20:23

Précis:  Following last week’s trip through the Red Sea, Moses is reunited with his father-in-law Jethro (“Yitro”) and with his family. Yitro acknowledges God, gives wise advice to Moses about delegating responsibility, and Moses appoints assistants (judges). The Israelites come to the foot of Mount Sinai where, in the ultimate transcendental experience, Revelation takes place as the “Ten Utterances” (Commandments) are spoken to the People by the very Voice of God.

Ex. 20:14 “You shall not covet your neighbor’s house: you shall not covet your neighbor’s wife... nor anything that is your neighbor’s.”

            In Reform Voices of Torah (2/1/10) Rabbi Laura Geller suggests that of all of the Ten Commandments, this one may be the most problematic. She suggests that if we were going to rewrite it today, we might say, “You shall not visit a friend’s home and wish it were yours, or covet his new SUV.”
            The word “covet” is usually defined to “feel inordinate desire for what belongs to another.” While all of the other Commandments relate to actions, this is the one which relates to “feelings.” What is so terrible about wanting something we don’t have?

            Jewish tradition has much to say on the subject. One view (supported by Ramban) is that coveting is the equivalent of action because lusting leads to action (something Christian thinkers seem to have agreed with; some of us may recall the problems that Jimmy Carter ran into when he admitted “lusting in his heart”). If we covet another’s possession, the next step may be an attempt to seize it. Other commentators (e.g., Ibn Ezra) acknowledge that coveting is indeed a feeling, but not all such feelings are improper. For example, one is permitted to envy another’s success at performing mitzvot or studying Torah, for these are attributes which one should also be encouraged to do. 

            Perhaps as perplexing is the statement of the Sages that “to violate the tenth commandment is tantamount to violating all ten.” What is the rationale for this statement? Perhaps it is their belief that coveting leads to violating all of the others. You may want, and then steal, and then murder. Coveting also implies that one is the master of one’s fate, and that the first commandment to recognize God’s sovereignty is also violated when one covets.

             We covet when we compare ourselves to others. Why do they succeed when we don’t? Why do they have health when we don’t? All this leads to jealously and resentment. While jealousy, resentment, and covetousness are natural human emotions, perhaps we are better guided by the wisdom of Pirke Avot (4:1): "Who is rich? He who is grateful for what he has.”