Skip to content
ZAKHORIUM

Why Jews do not stone

Date

70CE

centuries after the fall of the Second Templeapproximate date

The rabbis held that Sinai included an Oral Torah that elaborates and limits the written law, which explains why the biblical death penalty for the Sabbath is not applied.

Rabbinic literatureReligious history31.7772°N 35.2350°E
550 BCE
500 BCE
450 BCE
400 BCE
350 BCE
Becoming the People of the Book: each bar is an event of the period; this one is in coral.

Sourced narrative

Each block is a verifiable statement. The number opens the cited page; amber or coral blocks flag tradition or contested interpretation.

2 statements

01The rabbinic answer

Why do Jews not apply the Bible's death penalty today, say for collecting sticks on the Sabbath? The authors reply that rabbinic thinking shaped what biblical law means in Jewish culture; the rabbis arose in the centuries after the Second Temple fell. They regarded their contemporaries as inheritors of the Sinai covenant, so biblical law, capital cases included, still bound them. But in their view Sinai had also given an Oral Torah, absent from the Five Books and handed down by word of mouth from Moses to Joshua, then to the prophets and finally to the rabbis. The Oral Torah expands on biblical law, filling in what the Bible leaves out, adding conditions and carving out exceptions. Rabbinic Jews do not carry out the death penalty for breaking the Sabbath because, they hold, no court in our time has the power to order it, and even a competent court would probably not have applied it to such a trivial offense. Their readings of scripture in effect made the penalty unenforceable, either by requiring extremely strict proof (a prior specific warning to the offender) or by limiting it to the era of desert wandering.

§ 01Geography

Where it happened

Gazetteer coordinates (Pleiades for ancient places; Natural Earth and Wikidata for modern ones) over modern physical geography (Natural Earth). Coastlines and the Dead Sea have changed since antiquity.
▮ loading geography

§ 03Historiography

What scholars debate

Positions shown side by side, unranked, as the source reports them. The source’s own assessment appears separately.

Scholarly debate · 01

How did the rabbis understand biblical law and its death penalty?

2 positions · no single answer · take a seat →

  1. A

    Binding law, elaborated by the Oral Torah

    The rabbis

    The Sinai revelation included an Oral Torah, not recorded in the Five Books and passed from Moses to Joshua, the prophets and the rabbis, which details biblical law, adds qualifications and makes exceptions.

  2. B

    Death penalty emptied in practice

    The rabbis, according to the authors

    By demanding a very high standard of proof (a specific warning to the accused) or limiting the penalty to the days in the wilderness, the rabbis made it inapplicable; today no religious court would have authority to impose it.

The source’s assessmentThe authors say they can answer fully only in Chapter 5, when they introduce the rabbis.

§ 04Network

Connections

§ 05Bibliography

Further reading

  • Benjamin Sommer, Jewish Concepts of Scripture: A Comparative Introduction (New York: New York University Press, 2012).

    How Jews have understood the Bible across different historical moments · recommended in Efron, Lehmann and Weitzman, p. 61

§ 06Apparatus

Sources on this page

  1. 01Efron, Lehmann and Weitzman, p. 61; Efron, Lehmann and Weitzman, p. 61inspect
  2. 02Efron, Lehmann and Weitzman, p. 61; Efron, Lehmann and Weitzman, p. 61inspect
  • Documented evidenceAttested by contemporary evidence: texts, inscriptions, coins, papyri or archaeology.
  • Scholarly reconstructionHistorians' inference from indirect evidence.
  • Tradition or narrativeA literary, traditional or religious account; significant in itself, but not independently verified.
  • Contested interpretationScholars explicitly disagree; see the positions in the debate.
  • Illustrative reconstructionA hypothesis or visual scheme to guide reading; not a historical claim.