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The draft written on the ground could have listed other sins equal to invoking death by stoning.
Such a list would give the accusers something to ponder after being challenged to cast the first
stone if they were without sin.
A final option to consider could be a written query to identify the man betrothed to the
woman. Consequences for sins punishable by death according to Jewish law were divided into
four categories: stoning, burning, beheading, and strangulation. The type of execution was
dependent upon the characteristics of the sin. Adultery was punishable in at least two
categories. An adultery charge that led to stoning involved a woman betrothed to a man.
Teaching Note: A violation of the betrothal agreement (marriage contract) would be significant
and the man she was contractually bound to marry would have legal rights beyond the
execution of the woman. At that time the first stage of Jewish marriage was affirmed by a
betrothal, a legal engagement to marry at a fixed time in the future. The future husband or his
family was required to present a bridal payment or dowry to secure his intentions and to
financially compensate the bridal family.
The engagement ceremony was marked by a great feast and the presentation of a document in
Jewish culture called the “Ketubah” [ke-tubah]. During the feast the groom publicly announces
his intentions to be consecrated in marriage in the presence of two selected witnesses that are
not members of his family. The witnesses are charged with presenting a written declaration of
the legal obligations to provide and care for his bride after the marriage is consummated. The
document will be placed in the family home as a testament that is enforceable upon his death
or dissolution of the marriage without cause. The decree can only be annulled by formal
divorce which requires a legal presentation of cause.
The Rabbi, aware of the norms and legal agreements concerning betrothal and marriage could
have acknowledged in His written summation an interest in the identity of the husband and
perhaps the two witnesses that validated the marital engagement. Their presence and input on
the matter would make valid the claim that woman was an adulterer.
Pastor Notes:
The harshness of the death penalty indicated the seriousness of the crime. Jewish philosophers argue that
the whole point of corporal punishment was to serve as a reminder to the community of the severe nature of
certain acts. This is why, in Jewish law, the death penalty is more of a principle than a practice. The numerous
references to a death penalty in the Torah underscore the severity of the sin, rather than the expectation of
death. This is bolstered by the standards of proof required for application of the death penalty, which has
always been extremely stringent.
A Sanhedrin that puts a man to death once in seven years is called a murderous one. Rabbi Eliezer ben
Azariah says, 'Or even once in 70 years.
The Sanhedrin stopped issuing capital punishment either after the Second Temple was destroyed, in 70 CE,
or, alternatively, according to passages in the Talmud, in 30 CE, when the Sanhedrin were moved out of the
Hall of Hewn Stones. Other sources, such as Josephus, disagree. The issue is highly debated because of the
relevancy to the New Testament trial of Jesus.
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