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Stoning Stosoh THE NEW SCHAFF-HERZOG 106
also stones were thus used (Ex, xvll. 4; T Sam. xxx. 6; Matt. xxi. 35, and many other places). The question is interesting-what is the source of stoning as a punishment imposed by the governing body? The practise of stoning by official direction is wider than has been supposed. While this does not appear in the code of Hammurabi (see -HAMMURABI AND HIS CODE), Arabs are known to throw stones at the grave of a transgressor and at the place where a shameful deed has been committed; this method of execution was employed by Persians, Macedonians (Curtius, De rebus gestis Alexandri, VI., xi. 38), and Spaniards. The scholiast on Euripides, Orestes, 432, makes the death of Palamedes occur by stoning, and many other cases are reported (cf. O. Crusius, Beitrage, p. 20, Leipsic, 1886). There needs no special explanation of the use of this means of punishment-that it involves a certain roughness or low state of culture is not true. Thus Israel revealed in its earliest code of laws in several respects a nobler sense of humaneness than the code of Hammurabi, as is proved by its prescriptions regarding the care of animals (Ex. xx. 10) and the treatment of slaves and the poor (Ex. xxi. 2, 20, 26, etc.). Two reasons may be assigned for the custom of stoning among the Hebrews. The first was a notable and lively ethical consciousness which was evident throughout Jewish history with a certain earnestness in punishment of certain kinds of breaches of law. There was also apparent a definite effort to bring the liveliest realization to the largest number of people possible of the heinousness of certain transgressions by making part of the people executors of justice. Benzinger sees also in the participation of so many an effort to release themselves from guilt.
This punishment was decreed among the Hebrews, according to the Old Testament, in cases where the vitality of the nation was assailed, i.e., when its religious consciousness was offended; as when true prophecy was imitated by false prophecy (Dent. xiii. 6-11) or by soothsaying and sorcery (Lev. xx. 27), when Yahweh's oneness was assaulted by the practise of idolatry (Dent. xvii. 2 sqq.), when Yahweh's sanctuary was invaded by incompetent persons (Ex. xix. 12), in cases of blasphemy (I Kings xxi. 10), or desecration of the Sabbath (Nam. xv. 32-35), or when the ban was broken (Josh. vii. 25). In Hammurabi's code stealing from the temple was the one capital crime in this category. In addition to these religious offenses, the worst sins against morality were punished by stoning, such as extreme filial impiety (Deut. xxi. 18-21), cursing of parents (Lev. xx. 9), breach of betrothal vows (Deut. xxii. 20-24), adultery (Lev. xx. 1.0; cf. Ezek. xvi. 40, xxiii. 47), incest (Lev. xx. 11, 12, 14), pederasty (Lev. xx. 1:3), and unnatural crime (Lev. xx. 15, 16). The one case, of adultery, in which the law does not explicitly threaten stoning, while Ezekiel (ut sup.) shows that to be the method of punishment, suggests that other transgressions were also visited with stoning. Legal execution with the sword occurred, I according to the Old Testament, when sentence was by the king and execution was by the military (II Sam. i. 15; I Kings 125; II Kings x. 25). In the New Testament stoning is the punishment for
blasphemy (Acts vi. 13, vu. 58)' and for adultery (John viii. 5). The Mishnah (Sanhedrin, vii. 4) regards as punishable by stoning the offenses enumerated above, which either by express direction or by assured deduction were in the Old Testament so indicated; but Sanhedrin xi. 1 indicates for adultery death by strangling, and in ,general the Talmud divides capital penalties according as they are executed by stoning, burning, the sword, or strangling.
Respecting the carrying-out of the sentence the Bible directs that it be done outside the dwelling place of the community (Lev. xxiv. 14; I Kings xxi. 13; Acts vii. 58), and that the witnesses cast the first stone, to the end that witness-bearing be done with greater circumspection (Dent. xiii. 10, xvii. 7; John viii. 7; Acts vii. 58-59). The Talmud gives the following directions (Sanhedrin, vi.): As soon as judgment is pronounced, the condemned is to be led away to the place of execution, which is at a distance from the court of judgment;, one person remains at the entrance of the court-house with a large cloth in his hand, while another, on horseback, is at a considerable distance away, yet within sight of the first; in case some one affirms that he has testimony for the condemned, the signal is given with the cloth, and the horseman rides at once to suspend execution; the condemned is brought back, and this may be done four or five times. Similarly execution may be suspended if the accused alleges that he has something vital to offer. In case he pro daces what is found essential, he goes free; other wise he is led forth, while some one precedes him announcing: Such a one, son of so and so, is led forth to be stoned for such an offense; so and so are the witnesses; whoever has anything to produce in his favor, let him produce it. When the condemned is distant four ells from the place of execution, he is stripped almost nude. The place of atoning is the height of two men. One of the witnesses casts a stone, and if this does not kill the man, then an other, and then, if death has not ensued, the peo ple take up the task. Those so executed are after ward hanged (Rabbi Eliezer); others say that only blasphemers and idolaters are hanged; Eliezer di rects that men and women both be hanged, other authorities, only men. The Jerusalem Gemara in the tract Sanhedrin gives the directions on folios 23-24, the Babylonian Gemara on folios 42-49. The latter affirms (folio 43a) that with reference to Prov. xxxi. 6 before the stoning noble women gave to the condemned wine with frankincense in it to produce stupefaction. (E. KONIG.)BIBLIOGRAPHY: For the practise among non-Israelitic peoples consult: W. Wachsmuth, Hellenische Altertumskunde, Vol. ii., part 1, Beilage 3,. Halle, 1829; K. F. Hermann, Griechische Privataltertumer, ed. K. B. Stark, 73, 5, Heidelberg, 1870; Pauly, ReaLencyklopadie der klassiachen Altertumswiasenachaft, ed. W. S. Teuffel, Stuttgart, 1870; F. Justi, Geschichte des alter Persiens, p. 62, Berlin, 1879; Haberland, in Zeitschrift Jiir Vdlkerpaychologie, xii (1880), 28909. For the practise among the Hebrews much of the literature under LAW, HEBREW, CIVIL AND CRIMINAL, is pertinent, and for purposes of comparison that under HAMMBRABI AND HIS CODE. Consult further: F. S. Ring, De Zapidatione Hebra!orum. Frankfort, 1716; C. B. Miehaelis, De judiciis poenisque capitalibua in Scriptura sacra commemoratis, Halle, 1749: H. B. Fassel, Das mosaisch-
