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Sefer Shemos
Parashas Yisro
Shemos: Chapter 20
The
Torah tells us that a proven murderer must be put to death. His trial takes
place in a special Rabbinical court (SANHEDRIN) where a death sentence was very
rare. If the Sanhedrin put more than one person to death in 7 years the
court itself was considered a "murderous court". Putting a person
to death for the sin of murder was indeed a serious matter as we can see
from the following list:
(1)
For a conviction the Torah requires two kosher male witnesses that saw the
murder with their own eyes. If they did not actually witness the murder, no
other evidence will lead to a conviction.
(2)
Even when there are two witnesses to the murder, they are required to warn
the man before the murder, that if he kills he is liable to the death
penalty. The man must respond to this warning in a way that makes it clear
that he received it, and the murder must have followed immediately after
the warning.
(3)
The two witnesses that come to the Sanhedrin must answer certain inquiries
properly and if one of the witnesses fails to answer properly or answers
that he does not know the answer - the entire testimony is null and void.
In addition, the members of the court may ask any other questions and if
the two witnesses disagree in their answers the testimony is also null and
void.
(4)
All this can only happen when the Sanhedrin is in its proper place on the
temple mount in Jerusalem. If the court meets elsewhere, it is
not allowed to take on cases of capital punishment.
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