development of Jewish law

the development of Jewish law 

Development of Jewish Law:

• Origins:
  • Moses led the Jews out of slavery in Egypt (~1250 B.C.) and received the Ten Commandments.
  • Commandments and legal principles were written down.
  • By the 6th century B.C., these were compiled in the Torah (first five books of the Bible).
• Post-Roman Destruction (A.D. 70):
  • Roman crushing of Hebrew revolt and destruction of the Jerusalem temple led to Jewish diaspora.
  • Jewish scholars in Palestine and Babylon debated and interpreted Jewish law, resulting in the Talmud.
  • Talmud focused on applying Jewish law to daily life.
• Codification Efforts:
  • From the 2nd century A.D., scholars attempted to create comprehensive legal codes.
  • Moses Maimonides completed a comprehensive code in 1187.
  • Joseph Caro incorporated Maimonides' work into a definitive code in 1563, which remains a key authority.
• Modern Divisions:
  • Orthodox: Strict adherence to Torah and Talmud.
  • Conservative: Follows old laws but allows interpretation.
  • Reform: Views laws as guides, not binding in every detail.

Key Principles of Jewish Law:

• Equality:
  • Torah teaches all humans are equal, descended from Adam.
  • Initially, this wasn't fully applied (e.g., women's legal status, slavery).
  • Jewish law did offer some protections for women and limited the duration and conditions of slavery, which largely disappeared by the Middle Ages.
• Rule of Law:
  • Rejects divine right of kings.
  • Kings were subject to the Torah.
  • Written Torah was the law of the land.
• Majority Rule and Democracy:
  • Concept of majority rule derived from “follow the multitude.”
  • Majority decided on legal interpretations, court decisions, and community actions.
  • Limited self-government under foreign rule.
  • By the 12th century, Jewish communities elected local councils (e.g., "Seven Good Men").
• Freedom of Religion and Speech:
  • Jews are obligated to follow the Torah freely.
  • Non-Jews have freedom of religion.
  • Judaism does not actively seek converts.
  • Tradition of free speech, with prophets criticizing kings and no trials for heresy.
• Fair Trial:
  • Three-level court system (Great Sanhedrin with 71 judges, courts with 23 judges, and lower courts with 3 judges).
  • Due process procedures: Right to bail (except in death penalty cases), no trained lawyers, prosecutor was the victim or a relative, accused could defend themselves or have someone plead for them.
  • Evidence: Documents and consistent testimony of two male witnesses. No circumstantial evidence was enough for conviction. False witnesses faced the same penalty the accused would have suffered. Right against self-incrimination, confessions were inadmissible. No jury; judges deliberated with the accused present, youngest judge spoke first, verdict by majority vote.
• Punishment:
  • Torah specifies "Whoso sheddeth man’s blood by man shall his blood be shed."
  • Other capital crimes: Adultery, idolatry, kidnapping, and burglary.
  • Methods of execution: Burning, sword, stoning. Some scholars believe the death penalty was rarely carried out due to strict due process.
  • Later interpretations sought to minimize mutilation in executions.
  • Community courts used flogging (max 39 lashes) and bans.