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Classic Arguments for and Against the Death Penalty
\\server05\productn\E\ELO\1-1\ELO105.txt unknown Seq: 1 25-NOV-09 10:39 INTRODUCTORY ESSAY CLASSIC ARGUMENTS FOR AND AGAINST THE DEATH PENALTY ©VICTOR STREIB* This death penalty symposium issue is an academic exploration of a wide variety of complex legal issues surrounding capital punishment law. It follows, then, that the authors of the articles examine these issues as academics, regardless of the political fallout from their find- ings. What this symposium issue is not, therefore, is a pro and con debate about the death penalty’s morality, legality, or effectiveness. The organizers of this symposium assume, however, that at least some of our audience at the symposium and the readers of this symposium issue would appreciate having a primer on the classic arguments for and against the death penalty.1 This is that primer, complete with ref- erences to guide readers to more complete information if they choose to pursue it.2 * Professor, Ohio Northern University College of Law; Senior Lecturing Fellow, Duke University School of Law. These materials are taken primarily from VICTOR STREIB, DEATH PENALTY IN A NUTSHELL 9-26 (3d ed. 2008). 1 Symposium attendees did benefit considerably from the oral presentation by Pro- fessor Arnold Loewy entitled The Death Penalty and Innocence, Elon Law Review Death Penalty Symposium (Nov. 21, 2008), based upon his previously published article, Police, Citizens, the Constitution, and Ignorance: The Systematic Value of Citizen Ignorance in Solving Crime, 39 TEX. TECH L. REV. 1077 (2007). 2 An excellent summary of these issues also can be found at LINDA E. -
Exodus an Eye for an Eye Lesson 32 Exodus 21:12-36 120620
Exodus An Eye for an Eye Lesson 32 Exodus 21:12-36 120620 Introduction 1 Two weeks ago we jumped back into our study in the book of Exodus right where we left off three years ago. a The Israelites had been miraculously freed from Egypt, led through the Red Sea and brought out into the dessert where God called them to be his people and formed them into his nation. b As a new nation under God they would need laws to govern them. And so God directly gave them ten timeless commandments to live before Him … and we took those up in great detail. 2 Now, three years later we are turning our attention to the next section of Exodus which Scripture itself calls the Book of the Covenant. a It comprises about three chapters and was given by God to teach his people how to apply the Ten Commandments to specific situations in a way the promoted love of God and neighbor. b And while these laws could never address every possible situation that might arise, they provided the basic spiritual and legal principles for the Israelites to live as the people of God. 3 As I mentioned last week this section of scripture is not written directly to us but it is written for us. a There is something to be learned from these verses because all scripture is God-breathed and useful for our instruction (2 Tim 3:16). The mistake often made regarding these laws is to either completely toss them or try to implement them at our next city council meeting. -
The Political and Religious Structure in Jesus' Time
The Political and Religious Structure in Jesus’ Time In looking at the political and religious structure at the time of Jesus, we could explore countless topics. In this article we look at topics of the structure of the Jewish sects, the practice of taxation and tithing, and the exercising of crucifixion as a means of execution and control. Jewish Sects Just as Christianity today is divided into different groups (Catholics, Methodists, Lutherans, nondenominational evangelical churches), so too ancient Jewish religion had distinct groups or sects. In Jesus’ time in Palestine, three groups were particularly influential. Josephus identifies these groups (he calls them “philosophies”): the Sadducees, the Pharisees, and the Essenes. We should make clear from the start that only a small minority of people actually belonged to these sects, but their strong influence on Jewish society is undeniable. The Pharisees were the largest of the three, consisting of about six thousand members during the time of Herod the Great (out of a total population of perhaps one million people in Palestine). These groups can be compared not only to Christian denominations but also to modern political parties. In ancient Judaism there was no sharp distinction between religion and politics. All three groups were concerned not only with religious behavior but also with the political issues of their day. Sadducees The name Sadducees most likely comes from the name Zadok, a priest who anointed David’s son Solomon as king (see 1 Kings 1:32–40). The descendants of Zadok, the Zadokites, were recognized as the only legitimate priests by Ezekiel (see Ezekiel 44:9–31) and the author of the Book of Chronicles. -
The Christian Executioner: Reconciling “An Eye for an Eye” with “Turn the Other Cheek”
Pepperdine Law Review Volume 27 Issue 1 Article 4 12-15-1999 The Christian Executioner: Reconciling “An Eye for an Eye” with “Turn the Other Cheek” Jill Jones Follow this and additional works at: https://digitalcommons.pepperdine.edu/plr Part of the Criminal Law Commons, Judges Commons, and the Religion Law Commons Recommended Citation Jill Jones The Christian Executioner: Reconciling “An Eye for an Eye” with “Turn the Other Cheek”, 27 Pepp. L. Rev. Iss. 1 (2000) Available at: https://digitalcommons.pepperdine.edu/plr/vol27/iss1/4 This Comment is brought to you for free and open access by the Caruso School of Law at Pepperdine Digital Commons. It has been accepted for inclusion in Pepperdine Law Review by an authorized editor of Pepperdine Digital Commons. For more information, please contact [email protected], [email protected], [email protected]. The Christian Executioner: Reconciling "An Eye for an Eye" with "Turn the Other Cheek" God quit you in his mercy! Hear your sentence.... Touching our person seek we no revenge; But we our kingdom's safety must so tender, whose ruin you have sought, that to her laws we do deliver you. Get you therefore hence, poor miserable wretches, to your death: The taste whereof, God his mercy give you patience to endure, and true repentance of all your dear offences! Bear them hence. King Henry V, WILLLAM SHAKESPEARE, KING HENRY V act 2, sc. 2. I am going face to face with Jesus now. I love all of you very much. I will see you all when you get there. -
WJ&MM HS Study Guide.Pages
Where Justice and Mercy Meet: Catholic Opposition to the Death Penalty By David Matzko McCarthy, Trudy D. Conway, and Vicki Schieber, Editors Forward by Sister Helen Prejean, CSJ 6 SESSION/LESSON STUDY GUIDE SESSION 1: “The Death Penalty Today” [Text Chapters 1-3] AIM: To familiarize students with the reality of the death penalty today: how it works (or doesn’t), its application in the United States and around the world, and (in general terms) the U.S. legal/court system. Summary of the Readings: Chapter 1 “Facing the Truth” (pp. 3-15) Chapter 1 may be an uncomfortable piece for many to read. As explained by editors Vicki Schieber, Trudy D. Conway, and David Matzko McCarthy, “This opening chapter asks us to deal with what actually occurs in execution chambers across our country.” (p. 3) It challenges us to “face the realties of what American citizens ask prison officers to do in their [our] names.” (p. 3) Chapter 2 “Seeing Ourselves from an International Perspective” (pp. 16-30) Chapter 2 offers a broad overview of the current international response to the death penalty and its historical background. (p. 17) Students may be surprised (even shocked) to learn that the United States is the only Western democracy in the world to retain the death penalty, and joins with the likes of China, Iran, North Korea, and Yemen in executing more people than any other countries. As the editors note: “On the issue of capital punishment, our country seems to be inconsistent with its broader role in the world.” (p. 18) Chapter 3 “Trying to Get it Right” (pp. -
Parashat Mishpatim 5778
And These Are the Layers – Parashat Mishpatim 5778 Rabbi Michael Safra I’m not sure how good a story can be if I have to explain it first, but for this one it helps to know that the Shulkhan Arukh is a legal code from the 16th century, written by Rabbi Joseph Karo. In traditional circles, it was essentially the test for rabbinic ordination. It is divided into four sections – Orah Hayyim on rituals related to services and holidays; Yoreh Deah on ritual matters like Kashrut and tzedakkkah; Even Haezer on women and marriage; and Hoshen Mishpat on civil law. And it is printed like most rabbinic books, with the text occupying a small portion of the page and layers of interpretation all around. So it once happened that a young scholar approached the 18th-century Rabbi Barukh Frankel- Teomim and asked to be considered for ordination. The rabbi tested the young man and found his scholarship to be impeccable. He was baki, he knew well the complicated details of all four sections of the Shulkhan Arukh. Rabbi Frankel ordained him, and then he suggested: “Before you can be chosen as the rabbi of a community, you must first learn the fifth section of the Shulkhan Arukh.” “The fifth section?!?” The young scholar didn’t understand. “Everyone knows that there are only four sections of the Shulkhan Arukh.” “Yes,” the rabbi explained. “But for rabbis there is a fifth section that you must learn. And that is the etiquette of how to deal with people.” After some time, this young scholar, now the rabbi of a community, came back to Rabbi Frankel. -
Who Were the Pharisees?
Making Life Count Ministries Who Were the Pharisees? www.makinglifecount.net No group in Israel was more dedicated to their religion than the Pharisee. The historian Josephus reports that there were over 6,000 members of the party of the Pharisees, but that number doesn’t include many of their followers. The common Jew looked at the Pharisees with the greatest admiration because no one appeared to be more dedicated to God than this bunch. When a boy in a Pharisee family turned two years old, they would take the scroll of the Law, the Torah, put honey on it, and have him lick it so that his earliest memory would be, “How sweet are Your Words to my taste. Yes, sweeter than honey to my mouth” (Psalm 119:103). At four years old he would start memorizing the book of Leviticus. By twelve years old, he had memorized Genesis through Deuteronomy. As a teenager, he memorized the Prophets and the Psalms. If you chose to become a Pharisee, you had to publicly promise to “take the yoke of the Torah” upon you. They vowed to yoke themselves to the Law of God. They kept the hours of prayer wherever they were, whether in the Temple, the marketplace, or the street corner. They would fast twice a week. They didn’t just tithe their money, but tithed on everything they had, even down to their herbs and spices. How can you fault a man for trying so hard to please God? Because of their dedication to God’s Law, you would think the Pharisees would embrace the promised Messiah when He appeared in the flesh. -
Judaism: Pharisees, Scribes, Sadducees, Essenes, and Zealots Extremist Fighters Who Extremist Political Freedom Regarded Imperative
Judaism: Pharisees,Scribes,Sadducees,Essenes,andZealots © InformationLtd. DiagramVisual PHARISEES SCRIBES SADDUCEES ESSENES ZEALOTS (from Greek for “separated (soferim in ancient Hebrew) (perhaps from Greek for (probably Greek from the (from Greek “zealous one”) ones”) “followers of Zadok,” Syriac “holy ones”) Solomon’s High Priest) Evolution Evolution Evolution Evolution Evolution • Brotherhoods devoted to • Copiers and interpreters • Conservative, wealthy, and • Breakaway desert monastic • Extremist fighters who the Torah and its strict of the Torah since before aristocratic party of the group, especially at regarded political freedom adherence from c150 BCE. the Exile of 586 BCE. status quo from c150 BCE. Qumran on the Dead Sea as a religious imperative. Became the people’s party, Linked to the Pharisees, Usually held the high from c130 BCE Underground resistance favored passive resistance but some were also priesthood and were the Lived communally, without movement, especially to Greco-Roman rule Sadducees and on the majority of the 71-member private property, as farmers strong in Galilee. The Sanhedrin Supreme Sanhedrin Supreme or craftsmen under a most fanatical became Council Council. Prepared to work Teacher of Righteousness sicarii, dagger-wielding with Rome and Herods and Council assassins Beliefs Beliefs Beliefs Beliefs Beliefs • Believed in Messianic • Defined work, etc, so as • Did not believe in • Priesthood, Temple • “No rule but the Law – redemption, resurrection, to keep the Sabbath. resurrection, free will, sacrifices, and calendar No King but God”. They free will, angels and Obedience to their written angels, and demons, or were all invalid. They expected a Messiah to demons, and oral code would win salvation oral interpretations of the expected the world’s early save their cause interpretations of the Torah – enjoy this life end and did not believe in Torah resurrection. -
Natural Law, the Lex Talionis, and the Power of the Sword
Liberty University Law Review Volume 2 Issue 3 Article 14 March 2008 Natural Law, the Lex Talionis, and the Power of the Sword David VanDrunen Follow this and additional works at: https://digitalcommons.liberty.edu/lu_law_review Recommended Citation VanDrunen, David (2008) "Natural Law, the Lex Talionis, and the Power of the Sword," Liberty University Law Review: Vol. 2 : Iss. 3 , Article 14. Available at: https://digitalcommons.liberty.edu/lu_law_review/vol2/iss3/14 This Article is brought to you for free and open access by the Liberty University School of Law at Scholars Crossing. It has been accepted for inclusion in Liberty University Law Review by an authorized editor of Scholars Crossing. For more information, please contact [email protected]. NATURAL LAW, THE LEX TALIONIS, AND THE POWER OF THE SWORD t David VanDrunen I. INTRODUCTION The idea of the lex talionis-aneye for an eye, a tooth for a tooth-seems to take us back to the murky origins of legal history, to the raw, primitive, and violent impulses of not-yet-fully civilized humanity. The idea evokes the specter of villages filled with one-eyed men consumed by the violent demands of honor cultures and tribal feuds. The lex talionis is easily dismissed as unworthy of humane civilization and especially of a legal order historically influenced by Christianity. Jesus himself revoked the lex talionis in his Sermon on the Mount and no longer would we imagine that maiming is a fitting way to resolve torts cases. Yet such a facile dismissal of the so-called law of retribution is both legally and theologically hasty. -
Pharisees Go Wrong?
WHERE DID THE PHARISEES GO WRONG? The Pharisees get a bum wrap. Think about it for a moment. Preachers vilify them in sermons, Christians point out their legalistic ways, and everyone remembers their fierce opposition to Jesus and persecution of early Christians. Essentially, they’re the all-around bad guys of the New Testament. But were they really that bad? Could we be overdoing it? Let’s take a closer look. The Pharisees were the most powerful of the Jewish sects in first century Israel. The Bible includes almost 100 references to them, and other ancient historians confirm their influence. They emerged during a turbulent time when Judaism was struggling to maintain its identity. The priesthood was corrupt, immorality was rampant, and the dominant spread of Greek culture threatened the Jewish way of life. In light of this crisis, a group of pious laymen responded by sounding the alarm on their brethren. Only separation from all that was not Jewish would save the people and their faith. People began to call this group “the separated ones,” or the Pharisees. Other sects controlled the Jewish priesthood and politics, but the Pharisees gained a foothold in local synagogues and among the common people. They were educated, received extensive training, and became the primary Bible teachers in each village. When it came to theological debates, the Pharisees were sharp, biblically-based, tradition-honoring, and conservative in their views. They held an extremely high view of the Torah (God’s Law from the first five books of the Old Testament). Strict obedience to the Torah – both the written commands and the oral traditions – was essential to their faith and identity. -
The Book of Enoch and Second Temple Judaism. Nancy Perkins East Tennessee State University
East Tennessee State University Digital Commons @ East Tennessee State University Electronic Theses and Dissertations Student Works 12-2011 The Book of Enoch and Second Temple Judaism. Nancy Perkins East Tennessee State University Follow this and additional works at: https://dc.etsu.edu/etd Part of the History of Religion Commons Recommended Citation Perkins, Nancy, "The Book of Enoch and Second Temple Judaism." (2011). Electronic Theses and Dissertations. Paper 1397. https://dc.etsu.edu/etd/1397 This Thesis - Open Access is brought to you for free and open access by the Student Works at Digital Commons @ East Tennessee State University. It has been accepted for inclusion in Electronic Theses and Dissertations by an authorized administrator of Digital Commons @ East Tennessee State University. For more information, please contact [email protected]. The Book of Enoch and Second Temple Judaism _____________________ A thesis presented to the faculty of the Department of History East Tennessee State University In partial fulfillment of the requirements for the degree Masters of Arts in History _____________________ by Nancy Perkins December 2011 _____________________ William D. Burgess Jr., PhD, Chair Keith Green, PhD Henry Antkiewicz, PhD Keywords: Book of Enoch, Judaism, Second Temple ABSTRACT The Book of Enoch and Second Temple Judaism by Nancy Perkins This thesis examines the ancient Jewish text the Book of Enoch, the scholarly work done on the text since its discovery in 1773, and its seminal importance to the study of ancient Jewish history. Primary sources for the thesis project are limited to Flavius Josephus and the works of the Old Testament. Modern scholars provide an abundance of secondary information. -
Gospel Chronologies, the Scene at the Temple, and the Crucifixion of Jesus
Gospel Chronologies, the Scene at the Temple, and the Crucifixion of Jesus Paula Fredriksen Department of Religion, Boston University (forthcoming in the Catholic Biblical Quarterly) I. The Death of Jesus and the Scene at the Temple The single most solid fact we have about Jesus’ life is his death. Jesus was crucified. Thus Paul, the gospels, Josephus, Tacitus: the evidence does not get any better than this.1 This fact, seemingly simple, implies several others. If Jesus died on a cross, then he died by Rome’s hand, and within a context where Rome was concerned about sedition. But against this fact of Jesus’ crucifixion stands another, equally incontestable fact: although Jesus was executed as a rebel, none of his immediate followers was. We know from Paul’s letters that they survived. He lists them as witnesses to the Resurrection (1 Cor 15:3-5), and he describes his later dealings with some (Galatians 1-2). Stories in the gospels and in Acts confirm this information from Paul. Good news, bad news. The good news is that we have two firm facts. The bad news is that they pull in different directions, with maximum torque concentrated precisely at Jesus’ solo crucifixion. Rome (as any empire) was famously intolerant of sedition. Josephus provides extensive accounts of other popular Jewish charismatic figures to either side of Jesus’ lifetime: they were cut down, together with their followers.2 If Pilate had seriously thought that Jesus were politically dangerous in the way that crucifixion implies, more than Jesus would have died;3 and certainly the community of Jesus’ followers would not have been able to set up in Jerusalem, evidently unmolested by Rome for the six years or so that Pilate remained in office.