Rabbi Michael Leo Samuel

There can be no doubt rabbinic tradition took a dim view of capital punishment. Mishnahic law required that those accused be warned by witnesses immediately before they commit the offense, and that they acknowledge such warning—a clear indication of the rabbinic distaste for capital punishment, explicitly found elsewhere.[1] Life imprisonment did exist for cases that could not technically be legally prosecuted, even though the evidence left no room for doubt[2]; such a person had to subsist on sparse diet of barley bread and water, and the Talmud indicates the criminal usually died from starvation. There may be a Scriptural allusion to this practice: the prisoner was condemned to eat “the bread of misfortune and the water of distress” (Isa. 30:20). Other rabbinic statements express even greater ambivalence:

• R. Yose says, “Under no circumstances is one put to death unless both witnesses against him have given warning to him,” as it is said, ‘At the testimony of two witnesses’ (Deut. 7:6).”[3] He whose trial ended and who fled and was brought back before the same court—they do not reverse the judgment concerning him and retry him. He whose trial ended and who fled and was brought back before the same court—they do not reverse the judgment concerning him and retry him . . . A Sanhedrin which imposes the death penalty once in seven years is called murderous. R. Eleazar b. Azariah says, “Once in seventy years.” R. Tarfon and R. Akiba say, “If we were on a Sanhedrin, no one would ever be put to death.”[4] Rabban Simeon b. Gamaliel says, “So these Sages would multiply the number of murderers in Israel.”[5]

Moreover, the defendant may not be put to death unless two (or in some cases three) eyewitnesses testify against him or her. Each witness must be so certain of his testimony that he personally would be willing to carry out the execution. A passage from Deuteronomy 19:13-21 asserts that a plotting witness is subject to the same punishment as the defendant—including, presumably, death. Although the Torah prescribes the death penalty in the case of adolescent rebellion (i.e., “the rebellious son” of Deut. 21:18-21), the Sages admit, “Such a case never occurred, and it never will happen.” The entire passage is heuristic, so, “That you may study [the Torah for its own sake] and receive reward.”[6] The rabbinic angst and reticence to implement the death penalty, and its alternative system of imprisonment is of great relevance for modern biblical scholars and laity.

Rabbinic law is pretty straightforward about such cases. Maimonides writes, “The following rules apply when two groups of witnesses offer conflicting testimonies. If one witness from one group came together with one witness from the other group and they both delivered testimony concerning another matter, the testimony is of no consequence for it is obvious that one of them lied, but we cannot ascertain which one.”[7]Likewise Maimonides also notes, “Should a court err with regard to a case involving capital punishment and convict an innocent person, ruling that he is guilty, and they discover a rationale that would require that the ruling be nullified and he be vindicated, they nullify the ruling and retry the case. If the Court erroneously ruled and acquitted a person liable to be executed, then the judgment is not nullified and the case is not retried.”[8]

The 1930s are one of the most famous periods of early 20th century American history. Most of us of the baby boomer era grew up watching the Untouchables.

Chicago, 1930, is best remembered for Al Capone, America’s most successful gangster, who made organized crime into a profitable business.

Capone’s nemesis didn’t have a cape or a utility belt; nor did he fly in the air, or leap over buildings in a single bound. No, Capone’s nemesis was a brave and honest lawman. This man could not be corrupted or intimidated.

His name was Eliot Ness, and he was a real American hero.

Ness took on the Capone mob. The mob could not intimidate him, despite having made murder threats to his family. Ness succeeded in doing the impossible: he arrested Capone and broke up his gang. His crime-fighting antics were very famous. Ness’s exploits inspired one of the most successful television shows of the 1950’s—the “Untouchables.” Kevin Costner directed a movie in 1987, based on the same storyline.

After Ness arrests Capone for tax evasion, he continued fighting organized crime, catching criminals with his bare hands; Ness broadened his crusade to include labor racketeers, crooked cops and the country’s most vicious serial killer, the Mad Butcher of Kingsbury Run. Pretty amazing for a man who didn’t even have a cape!

Israel may have its own version of Eliot Ness, and his name is Maj. Gen. Niso Shaham, who is Jerusalem’s District Police Chief. Every hero has his villain, and Shaham’s enemy happens to be the evil Neturei Karta and their henchmen, known as the Sikrikim (the “dagger men,” named after the infamous thugs who led a war against Rome, resulting in the destruction of the Temple and Jerusalem in 70 C.E.)

The Ultra-Orthodox Eda Haredit hate Shaham with a passion. They showed their contempt for Shahem by showing Hitler and Shaham standing side by side. Within a relatively short period of time, the Haredi responsible for the posters got arrested.

Since last May, Shaham has brought over 100 Haredim to justice—and he’s only beginning! Some of the people he arrested ran charity scams, and like Eliot Ness, Shaham is busting “their chops!”

Almost three years ago, the Sikrikim attacked a busload of Ultra-Orthodox special needs children, which was driving down Me’ah She’arim. As I have mentioned on other occasions, not all the Haredim are bad; many of them struggle like the rest of us, who are struggling to make a living. Although the Sikrikim did not physically harm the children, they did traumatize these children.

Haredi parents complained and begged the Jerusalem Police Department to do something to protect them. Seldom do the residents ever call the Israeli police (Most of them are anti-Zionist!), but this time was different. Enough was enough!

Shaham discovered that the head of the Edah Haredit court proved to be one of the kingpins of the Sikrikim group that has been terrorizing Haredi and Modern Orthodox Jews in Me’ah She’arim and Beth Shemesh.

Shaham arrested Rabbi Yitzhak Tuvia Weiss’s personal assistant: Amram Shapira, along with the heads of the National Committee. The message could hardly have been clearer: If the Sikrikim continue their intimidation and violence, Shaham is going to arrest the head Rabbi!

The other Haredi groups, most notably—the leaders of Gur Hassidic community—like, Deputy Health Minister Yaakov Litzman and others, enjoy seeing their picture with Shaham on the neighborhood posters. For the record, the Sikrikim threatened Litzman on numerous occasions. Litzman regards Shaham as a powerful ally. Continue Reading