Talmud

GEMARA. It had been taught: R. Judah said to the Sages: I too know that this is a death of repulsive disfigurement, but what can I do, seeing that the Torah hath said, neither shall ye walk in their ordinances?  But the Rabbis maintain: Since Scripture decreed the sword, we do not imitate them [when using their method]. For if you will not agree to this, then how about that which was taught: Pyres may be lit in honour of deceased kings,  and this is not forbidden as being of the 'ways of the Amorites': but why so? Is it not written, neither shall ye walk in their ordinances? But because this burning is referred to in the Bible, as it is written, [But thou shalt die in peace:] and with the burnings of thy fathers … [so shall they burn for thee], it is not from them [the heathens] that we derive the practice. So here too, since the Torah decreed the sword,  it is not from them [the Romans] that we derive the practice. Now we have learnt in another chapter, 'The following are decapitated: A murderer, and the inhabitants of a seduced city.'  We know this to be true of the inhabitants of a seduced city, because it is written, ['Thou shalt surely smite the inhabitants of that city] with the edge of the sword.  But whence do we know it of a murderer? — It has been taught: [And if a man smite his servant … and he die under his hand,'] he shall surely be avenged.  Now I do not know what form this vengeance is to take; but when the Writ saith, And I will bring a sword upon you, that shall execute the vengeance of the covenant, I learn that vengeance is by the sword. But perhaps it means that he must be pierced through? — The Writ saith, with the edge of the sword. Then perhaps it means that he must be cut in two [lengthwise]? — R. Nahman said in the name of Rabbah b. Abbuha: Scripture teaches, But thou shalt love thy neighbour as thyself'  choose an easy death for him. Now we find this law [of execution by the sword] when one murdered a slave; whence do we know that this law holds good if he murdered a free man? — Surely this can be deduced by reasoning from the minor to the major: if the murderer of a slave is decapitated, shall he who slays a free man be only strangled! Now, this answer agrees with the view that strangulation is an easier death; but what of the view that strangulation is more severe? It is then deduced from the following: It has been taught: The verse], So shalt thou put away the guilt of the innocent blood from among you, serves to denote that all that shed blood are likened [in treatment] to the atoning heifer: just as there, it is done with a sword and at the neck, so here too, execution is with the sword and at the neck [i.e., the throat]. If so, just as there it was done with an axe, and on the nape of the neck, so here too? — R. Nahman answered in the name of Rabbah b. Abbuha: Scripture saith: But thou shalt love thy neighbour as thyself: choose an easy death for him.

michael