Israel and Humanity - Differences between Jewish law and Noachide law

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VI.

The murder.

§ 1.

DIFFERENCES BETWEEN THE JEWISH AND NOACHIDE LEGISLATION.

It is the rule relating to homicide as the other commands Noachides: general formula is nothing compared to the developments that the doctors have given the law, for the honor of Judaism and the teachings of which extend on this point as on many others, far beyond the borders of Palestine.

Words: "I require the life of the man to man, the man who is his brother [1] the Talmud Sanhedrin [2] concludes that there is murder, even though you pay an intermediary to commit it. R. Hanina said one witness, a single judge and the evidence of the mandate for the execution of the murder are sufficient to cause the condemnation of Noachide. This doctrine is based on the text: "Whoever sheds the blood of man, by man shall his blood be shed." The rabbis, instead of bringing these words by man the right conferred on the courts to impose the death penalty, related to those above and are thus in these words: "Whoever sheds blood [3] man by man, "his conviction that, to hit, weapon other than his arm.

It is worthwhile to note that Jewish law differs significantly from the Noachism on this chapter of the homicide indirectly. While it holds the principal liable, as we have said, sees the first homicide in the one who executes. "A warrant to commit a crime is deemed non-existent" and that is the rule which in turn is based on the principle that between two conflicting orders, one of which emanates from the master (God) and the other disciple (the man who leads to sin) is the first that must be accomplished [4].

This is not the only difference that can be pointed out between the two laws. The Noachism, contrary to the Mosaic law, describes abortion homicide punishable by death. The Talmud justifies this provision by the word baadam verse from Genesis that we have quoted above, which may mean in man as well as by man , the rabbis and apply to the child in the womb. We know what infamous indulgence ancient pagan testimony to this practice of abortion. Aristotle, Juvenal attest how this custom was general and Athenagoras, to avenge the Christians of the charge which they were instructed to sacrifice a child in their sacrifices, replied: "We teach, we, it's a sin to take drugs to induce abortion. " These words are a faithful echo of the Jewish doctrine in direct contradiction on this matter, with paganism corrupted.

Philo, apparently prompted by the spirit of Judaism, even goes so far in this direction. We know this passage from Exodus [5] which provides the case of a brawl, during which a pregnant woman, having beaten one of the combatants, give birth prematurely. The law adds that "if there is an accident, it should be given life for life, and that otherwise a fine will be determined by the husband of the woman and paid before judges. Tradition has applied the words "if accident" at the death of the woman who succumb to the blows she had received and this accords with common sense who do not accept [6] that death penalty is imposed for an abortion caused unintentionally. But it is this latter interpretation that Philo was stored. To prove the pagan world the superiority of the Jewish law in this issue of infanticide, he cites the text of Exodus, according to him, the crime punished by death. If he is mistaken about the meaning of this passage in which the Israelites, his doctrine is at least consistent with that of the doctors about the punishment of the guilty who Noachide abortion. "If one strikes a pregnant woman and that of an abortion, says Rashi, the offender shall suffer the penalty [7] "

This is not the only point on which the law relating to homicide Noachide differs from the Jewish law. Remove the life of a terminally ill, leave a man dying of hunger, tying a prisoner is a beast to devour in this state are so many acts that Noachism calls for murder and punished as such. Moreover, Maimonides [8] echoing the Talmudic doctrine says that the very person is guilty of murder and shall suffer the penalty, finding themselves in self-defense, killing the assailant, so that by merely to wound, he could have saved his own life.


References

  1. Genesis, IX, 5
  2. 57 <super> a </super>
  3. Page 685
  4. Kiddouschin 42 <super> b </super>; Sanhedrin 29 <super> a </super> and so on.
  5. XIX, 22, 23.
  6. Page 686
  7. Sanhedrin , 57 <super> b </super>
  8. Melachim , IX, 4.