Killing Killers: Is the Death Penalty Good for the Jews? TORAT CHOVEVEI A YCT Community Learning Project Study Guide: Parashat Noach This study guide was made possible by funds granted by the Covenant Foundation. The statements made and the views expressed, however, are solely the responsibility of the author.

(5) But for your own life-blood I will require a reckoning: I will require it of every beast; of man, too, will I require a reckoning for human life, of every man for that of his fellow man! (6) Whoever sheds the blood of man, By man shall his blood be shed; For in His image Did God make man.

(14) How were the Ten Commandments given? Five on one tablet and five on the other. "I am the L rd your G d," and opposite it "You shall not kill," whereby Scripture apprises us that spilling blood is tantamount to "diminishing" the likeness of the King. An analogy: A king of flesh and blood enters a province, sets up statues of himself, makes images of himself, and mints coins in his likeness. After some time, they upset his statues, break his images, devalue his coins — and "diminish" the likeness of the king. Likewise, Scripture equates spilling blood to "diminishing" the likeness of the King, as it is written (Genesis 9:6) "One who spills the blood of man … (For in the image of G d did He make man.")...

(4) And the court is warned not to take a ransom from the murderer, even if they give all of the money in the world, and even if the redeemer of blood wishes to exempt them. For the life of this person who was killed is not the possession of the redeemer of blood but rather the possession of the Holy One Blessed be He as it says, "Do not take a ransom for the life of a murderer." And there is nothing that the Torah is more exacting about than bloodshed as it says, "You shall not pollute the land..."(BeMidbar 35:33) "...for blood pollutes the land..."

(8) One who takes a life and the witnesses did not see them as one but rather, they saw them from one behind the other, or they killed before witnesses without being warned, or the witnesses contradict one another in trivial details but not in the essentials. All of these murderer are placed in an enclosed space and force fed dry bread and water until their guts hurt and then they feed them barley until their stomachs rupture from the weight of the sickness.

(9) One does not do this matter in the remainder of instances where the death penalty can be imposed by the court, but if one is liable for execution, they should execute him and if one is not liable for execution they should free him. That even if there transgressions that are weightier than the spilling of blood, they are not as corrupting to society as the spilling of blood. Even idolatry and it does not need to be said, forbidden sexual relations or the desecration of the Sabbath are not like the spilling of blood. That these transgressions are offenses between a person and God, but the spilling of blood is an offense between people. And everyone who has in his hand this sin, see, he is completely evil and all the commandments that one has done in his lifetime cannot balance against this sin and will not save him from judgment. As it is said, "A person weighed down with the blood of a life, etc, (Proverbs 28:17)...

(5) How do we threaten the witnesses in a capital case? We bring them in [to the court's chambers] and press them: "Perhaps what you say [isn't eyewitness testimony] is but your own assessment, or from rumors, or your witnessing an actual witness testify, or your reporting what a trustworthy said. Or perhaps you were unaware that by the end we'd interrogate you, with examination and inquiry. Know that capital cases are not like monetary ones. In monetary cases, [a false witness] can return the money and achieve atonement. But in capital cases, the blood of [the victim [and all his future offspring hang upon you until the end of time. For thus we find in regard to Cain, who killed his brother, "The bloods of your brother scream out!" (Genesis 4:10) - the verse does not say blood of your brother, but bloods of your brother, because it was his blood and also the blood of his future offspring [screaming out]! ...[The judges' speech continues] "It was for this reason that man was first created as one person [Adam], to teach you that anyone who destroys a life is considered by Scripture to have destroyed an entire world; and anyone who saves a life is as if he saved an entire world."... [The judges' speech continues:] "Maybe you [the witnesses] will now say, 'What do we need this, and all this anxiety for [let's not come forward even with true testimony]!' But Scripture has already spoken: "If he be a witness - having seen or known - if he does not express it, he shall bear his sin." (Lev. 5:1) Maybe you will now say, 'What do we need this, to be responsible for another man's death?' But Scripture has already spoken: "When the wicked are destroyed there is rejoicing." (Prov. 11:10)"

(10)A Sanhedrin that would execute somebody once in seven years would be considered destructive. Rabbi Elazar Ben Azariah says: "Once in seventy years." Rabbi Tarfon and Rabbi Akiva said: "If we were on the Sanhedrin , nobody would have ever been executed." Rabban Shim'on Ben Gamliel said: "They too would have increased violence in Israel."

Rebbi Tarfon and Rebbi Akiva said, If we were part of court...etc.: What would they have done? Rebbi Yochanon and Rebbi Elezer said together, [they would ask the witnesses,] did you see if the victim was a Terefah or viable? Rav Ashi says, If it came out that they said that they saw that the victim was viable [prior to being killed, they would say that] maybe in the place that the sword entered there was a hole... And what would the Rabbis do [to execute in such a case]? They would hold like Shmuel, for Shmuel says, They are adulterers when they act in the manner of adulterers.