==Rabbinic Developments.==
An old-established rule of rabbinic jurisprudence forbids the infliction of punishment where there is no Biblical authority for such punishment.<ref>Sanh. 82b; compare Sifre, Deut. 154</ref> That authority, however, may be established by ''Gezerah Shawah''; i.e., by comparing similar or analogous expressions in two or more passages, in one of which the meaning and import of the expression are unmistakable.<ref>Ker. 5a</ref> Similarly in cases where the Pentateuch imposes the death penalty, without specifying the mode of death, Talmudic jurisprudence discovers the particular mode intended by means of the principle of Gezerah shawah. Thus: In reference to the man or the woman who makes use of "a familiar spirit"—i.e., "a wizard"—the law says <ref>Lev. xx. 27</ref>, "They shall stone them with stones; their blood shall be upon them". Here the expression ''Demehem bam'' is plainly used in connection with death by stoning; hence it is argued that, wherever the same expression occurs in the Pentateuch in connection with the death penalty, it means death by stoning, and consequently the punishment of the crimes mentioned in Lev. xx. 9, 11, 12, 13, 16, is the same: death by stoning.<ref>Mek., Mishpaṭim, 17; Sifra, Ḳedoshim, ix.; Sanh. 53b, 66a</ref> Again, with reference to the perpetrator of bestiality the law reads<ref>Lev. xx. 15</ref>, "He shall surely be put to death; and ye shall slay the beast." Here the particular mode of death is not stated, but rabbinic law again infers it by means of a ''Gezerah shawah''.  Since, with reference to the enticer to idolatry, the Bible<ref>Deut. xiii 10 [A. V. 9]</ref> employs the term Harag = "to slay" ("Thou shalt surely slay him"), and this is immediately explained by the addition<ref>ib. 11 [A. V. 10]</ref>, "Thou shalt stone him with stones, that he die," it follows that the term "harag" used in reference to the beast likewise means to slay by stoning. And as for the criminal himself, his sentence is the same as that of the beast in connection with which he is mentioned.<ref>Sifra, l.c. x.; Sanh. 54b</ref> In the case of the instigator to communal apostasy (''maddiaḥ'') the law reads <ref>Deut. xiii. 6 [A. V. 5]</ref>, "He hath spoken . . . to thrust thee out of the way of the Lord," and in that of the enticer of individuals (''mesit'') the identical expression is used: "He hath sought to thrust thee away from the Lord"<ref>ib. 11 [A. V. 10]</ref>; hence as in the latter case stoning is the penalty, so it is in the former.<ref>Sifre, Deut. 86; Sanh. 89b</ref> Finally, concerning the witch, it is said<ref>Ex. xii. 17 [A. V. 18]</ref>, "Thou shalt not suffer her to live," and elsewhere<ref>ib. xix. 13</ref> the expression, "Shall not live," is used in connection with "He shall surely be stoned"; therefore in the first case the particular penalty is to be the same as in the second.<ref>Mek., l.c.; Sanh. 67a</ref> ===Which cases by stoning===
According to these conclusions, rabbinic law based on Pentateuchal authority, expressed or inferred, affixes death by stoning to each of the following eighteen crimes:
* Bestiality committed by man.<ref>Lev. xx. 15; Sanh. vii. 4, 54b; Sifra, Ḳedoshim, x. 1; Mek., Mishpaṭim, 17</ref>
* Bestiality com mitted committed by woman.<ref>Lev. xx. 16: Sanh. vii. 4, 54b; Sifra, Ḳedoshim, x. 3; Mek., Mishpaṭim, 17</ref>
* Blasphemy<ref>Lev. xxiv. 16; Sanh. vii. 4, 43a; Sifra, Emor, xix.</ref>
* Criminal conversation with a betrothed virgin.<ref>Deut. xxii. 23, 24; Sanh. vii. 4, 66b; Sifre, Deut. 242</ref>
* Criminal conversation with one's own mother.<ref>Lev. xviii. 7, xx. 11; Sanh. vii. 4, 53a; Sifra, K.edoshim, ix. 12</ref>
* Criminal conversation with one's own stepmother.<ref>Lev. xviii. 8, xx. 11; Sanh. vii. 4, 53a; Sifra, K.edoshim, ix. 12</ref>
( * Cursing a parent.<ref>Lev. xx. 9; Sanh. vii. 4, 66a; Mek., Mishpat.im, 17; Sifra, K.edoshim, ix. 7</ref>
* Enticing individuals to idolatry: "Mesit".<ref>Deut. xiii. 7-12 [A. V. 6-11]; Sanh. vii. 4, 67a; Sifre, Deut. 90</ref>
* Idolatry.<ref>Deut. xvii. 2-7; Sanh. vii. 4, 60b; Sifre, Deut. 149</ref>
As in the several classes included in the above category (1, 2, 5, 7, 8, 14) rabbinic jurisprudence establishes the particular punishment of the criminal on the basis of Gezerah shawah, so in most cases of the following category the particular punishment is deduced from Gezerah shawah. Thus, with reference to bigamy with mother and daughter the law reads.<ref>Lev. xx. 14</ref> "It is wickedness" (''Zimmah hi''), and because elsewhere.<ref>ib. xviii. 17</ref>the identical expression is used with reference to criminal conversation of man with female relatives of other degrees, rabbinic law affixes the penalty which the Pentateuch attaches to the former also to the latter.<ref>Sanh. ix. 1, 75a; Sifra, K.edoshim, ix. 17</ref> On the same principle the Rabbis establish the penalty for such conversation with relatives within certain ascending degrees, comparing them with the descending degrees of like removes, explicitly mentioned in the Bible.<ref>Yeb. 21a et seq.; Yer. Sanh. ix. 26d; Yer. Yeb. ii. 3d</ref>
 
===Which cases by burning===
The crimes punished in rabbinic law with death by burning are accordingly the following ten:
The nine cases of incest here enumerated (2-10) subject the perpetrator to the penalty of burningonly when the crime is committed during the life of his legal wife.<ref>Yeb. 95a; Sanh. 76b; see Maimonides, "Yad," Issure Bi'ah, i. 5</ref>
 
===Which cases by slaying===
Two crimes only are punished by slaying:
To the three modes of capital punishment explicitly mentioned in the Pentateuchal laws, rabbinic law adds a fourth; viz., strangulation. In post-Biblical jurisprudence this is the penalty incurred by the perpetrator of any one of the crimes to which the Pentateuch affixes death, without specifying the mode of death and where no conclusions from Gezerah shawah can be deduced. The Rabbis argue thus: No death-sentence pronounced in the Bible indefinitely may be construed with severity; on the contrary, it must be interpreted leniently. And since the Rabbis viewed strangulation as the easiest of deaths, they decided that the undefined death-sentence of the Pentateuchal code means strangulation. Moreover, the Bible frequently speaks of death sent "by Heaven" for certain sins.<ref>for example: Gen. xxxviii. 7, 10; Lev. x. 7, 9</ref> and as the death visited by Heaven leaves no outward mark, so must the death inflicted by a human tribunal leave no outward marks, and that is possible only in an execution by strangulation.<ref>Mek., Mishpat.im, 5; Sifra, K.edoshim, ix. 11; Sanh. 52b</ref>
 
===Which cases by strangulation===
By strangulation the following six crimes are punished:

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Capital Punishment in Jewish Law

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