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.