Basis of Hebrew Criminal Law

Bible images
  • Basis of Hebrew Jurisprudence:
  1. The Pentateuch
  2. The Talmud
  • Comparison of the Pentateuch and the Talmud:
  1. Mosaic code in the Pentateuch as justice platform.
  2. Talmud with ancient tradition and Rabbinic interpretation for practical rules.
  3. Pentateuch seen as the foundation, Talmud as the superstructure.
  • Competent & Incompetent Witnesses:
  • Competency:
    • Similar to qualified judges.
  • Incompetency:
    • Gentiles, Gamblers, Women, Usurers, Minors, Illiterate or immodest persons, etc.
  • Disqualifications & The Sanhedrin:
  • A man disqualified if no regular trade, illegitimate child, or no children.
  • Gamblers, usurers, and slave dealers not qualified.
  • Personal interest in the case disqualifies.
  • King or royalty cannot serve.
  • Hebrew Criminal Law: Capital Punishment:
  • Beheading, Strangling, Burning, Stoning.
  • Crucifixion unknown in Hebrew Law.
  • Illegalities Surrounding Christ (Part 1-6):
  • Vague and indefinite accusation, night trial, pre-morning sacrifice trial, Sabbath trial, concluded within a day, uncorroborated confession.
  • Illegalities Surrounding Christ (Part 3):
  • Court convened before morning sacrifice, on the day before Jewish Sabbath, the first day of the Feast of Unleavened Bread.
  • Illegalities Surrounding Christ (Part 4):
  • Trial concluded within one day, sentence founded upon uncorroborated confession, unanimous verdict.
  • Illegalities Surrounding Christ (Part 5):
  • Sentence pronounced in a forbidden place, high priest’s actions prejudicing, irregular balloting.
  • Illegalities Surrounding Christ (Part 6):
  • Merits of the defense not considered, condemned without proper investigation and defense.
  • Witnesses Under Hebrew Law:
  • Number required for conviction: At least two witnesses.
  • Agreement of witnesses: Essential details must align.
  • No oath required: Testimony under the sanction of “Thou shalt not bear false witness.”
  • Separation of witnesses: Testimony given separately and in the presence of the accused.


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