Salam Alaikom


الجمعة، 12 نوفمبر 2010

Stoning is not only in islam 

Stoning is an ancient form of capital punishment. There are historical reports of stoning from Ancient Greece.[1] Stoning is also mentioned in Ancient Greek mythology.[2]

[edit]In Judaism

Although allowing for the death penalty in some hypothetical circumstances, scholars of Judaism are broadly opposed to the death penalty as practiced in the modern world. The Jewish opposition is not based on a literal reading of the Jewish Bible, but rather on Judaism's Oral Law. In AD 30, forty years before the destruction of the Temple in Jerusalem, the Sanhedrin effectively abolished capital punishment. As God alone was deemed to be the only arbiter in the use of capital punishment, not fallible people, the Sanhedrin made stoning a hypothetical upper limit on the severity of punishment.[3]

[edit]In Jewish sources

Prior to early Christianity, particularly in the Mishnah, doubts were growing in Jewish society about the morality of capital punishment in general and stoning in particular. The laws make it clear that the death penalty was used only rarely. The Mishnah states:
A Sanhedrin that puts a man to death once in seven years is called destructive. Rabbi Eliezer ben Azariah says that this extends to a Sanhedrin that puts a man to death even once in seventy years. Rabbi Akiba and Rabbi Tarfon say: Had we been in the Sanhedrin none would ever have been put to death. Rabban Simeon ben Gamaliel says: they would have multiplied shedders of blood in Israel.[4]
In the following centuries the leading Jewish sages imposed so many restrictions on the implementation of capital punishment as to make itde facto illegal. The restrictions were to prevent execution of the innocent, and included many conditions for a testimony to be admissible that were difficult to fulfill.
Philosopher Moses Maimonides wrote, "It is better and more satisfactory to acquit a thousand guilty persons than to put a single innocent one to death."[5] He was concerned that the law guard its public perception, to preserve its majesty and retain the people's respect. He saw errors of commission as much more threatening to the integrity of law than errors of omission.[6]

[edit]Mode of Judgment

In rabbinic law, capital punishment may only be inflicted by the verdict of a regularly constituted court of three-and-twenty qualified members. There must be the most trustworthy and convincing testimony of at least two qualified eye-witnesses to the crime, who must also depose that the culprit had been forewarned of the criminality and the consequences of his project.[7] The culprit must be a person of legal age and of sound mind, and the crime must be proved to have been committed of the culprit's free will and without the aid of others.
On the day the verdict is pronounced, the convict is led forth to execution. The Torah law (Leviticus 19,18) prescribes, "Thou shalt love thy neighbor as thyself"; and the Rabbis maintain that this love must be extended beyond the limits of social intercourse in life, and applied even to the convicted criminal who, "though a sinner, is still thy brother" (Mak. 3,15; Sanh. 44a): "The spirit of love must be manifested by according him a decent death" (Sanh. 45a, 52a). Torah law provides (Deut. 24,16), "The parents shall not be put to death for the children, neither shall the children be put to death for the parents; every man shall be put to death for his own sins", and rabbinic jurisprudence follows this principle both to the letter and in spirit. A sentence is not attended by confiscation of the convict's goods; the person's possessions descend to their legal heirs.
The Talmud limits the use of the death penalty to Jewish criminals who:
  • (A) while about to do the crime were warned not to commit the crime while in the presence of two witnesses (and only individuals who meet a strict list of standards are considered acceptable witnesses); and
  • (B) having been warned, committed the crime in front of the same two witnesses.[8]
In theory, the Talmudic method of how stoning is to be carried out differs from mob stoning. According to the Jewish Oral Law, after the Jewish criminal has been determined as guilty before the Great Sanhedrin, the two valid witnesses and the sentenced criminal go to the edge of a high place. From there the two witnesses are to push the criminal off. After the criminal has fallen, the two witnesses are to drop a large boulder onto the criminal – requiring both of the witnesses to lift the boulder together. If the criminal did not die from the fall or from the crushing of the large boulder, then any people in the surrounding area are to quickly cause him to die by stoning with whatever rocks they can find.

[edit]The 18 crimes related to stoning

Rabbinic law based on the authority of the Torah, expressed or inferred, affixes death by stoning to eighteen crimes.[7]
  1. Bestiality committed by man (Lev. xx. 15; Sanh. vii. 4, 54b; Sifra, Ḳedoshim, x. 1; Mek., Mishpaṭim, 17).
  2. Bestiality committed by woman (Lev. xx. 16: Sanh. vii. 4, 54b; Sifra, Ḳedoshim, x. 3; Mek., Mishpaṭim, 17).
  3. Blasphemy (Lev. xxiv. 16; Sanh. vii. 4, 43a; Sifra, Emor, xix.).
  4. Intercourse with a betrothed virgin (Deut. xxii. 23, 24; Sanh. vii. 4, 66b; Sifre, Deut. 242).
  5. Intercourse with one's own daughter-in-law (Lev. xx. 12; Sanh. vii. 4, 53a; Sifra, Ḳedoshim, ix. 13).
  6. Intercourse with one's own mother (Lev. xviii. 7, xx. 11; Sanh. vii. 4, 53a; Sifra, Ḳedoshim, ix. 12).
  7. Intercourse with one's own stepmother (Lev. xviii. 8, xx. 11; Sanh. vii. 4, 53a; Sifra, Ḳedoshim, ix. 12).
  8. Cursing a parent (Lev. xx. 9; Sanh. vii. 4, 66a; Mek., Mishpaṭim, 17; Sifra, Ḳedoshim, ix. 7).
  9. Enticing individuals to idolatry: "Mesit" (Deut. xiii. 7–12 [A. V. 6–11]; Sanh. vii. 4, 67a; Sifre, Deut. 90).
  10. Idolatry (Deut. xvii. 2–7; Sanh. vii. 4, 60b; Sifre, Deut. 149).
  11. Instigating communities to idolatry: "Maddiaḥ" (Deut. xiii. 2–6 [A. V. 1–5]; Sanh. vii. 4, 67a; Sifre, Deut. 86).
  12. Necromancy (Lev. xx. 27; Sanh. vii. 4, 65a; Sifra, Ḳedoshim, xi., end).
  13. Offering one's own children to Molech (Lev. xx. 2; Sanh. vii. 4, 64a; Sifra, Ḳedoshim, viii., parashah 10, beginning).
  14. Pederasty (Lev. xx. 13; Sanh. vii. 4, 54a; Sifra, Ḳedoshim, ix. 14), and sexual activity between men (Lev. iii, 18:22).[9]
  15. Rebelling against parents (Deut. xxi. 18–21; Sanh. vii. 4, 68b; Sifre, Deut. 220).
  16. Shabbath-breaking (Num. xv. 32–36; Sanh. vii. 4; Sifre, Num. 114).
  17. Witchcraft (Ex. xxii. 17 [A. V. 18]; Sanh. vii. 4, 67a; Mek., Mishpaṭim, 17).

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