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Punishment: Its Method and Purpose 59

found in the courts and was mete out according to the crime and the facts, not personal status. Humaneness in the nature of the punishment was a goal sought as well. In the Bible we see it through leaving many punishments in the hands of God , by the establishment of the cities of refuge, a system of fines, etc. The trend toward a more humane system was accelerated in the rab­binic period when we find the death penalty, so frequently invoked in the Bible , much more limited. Execution occurred mainly for murder and was performed in a less painful manner and with the general population effectively excluded. Efforts were also made to limit whipping and to take the physical con­dition of the individual sentenced into account. Often fines could be substituted for physical punishment.

The medieval period accepted the rabbinic modifications in the Mishnah and the Talmud , but often moved in the direction of severity in accordance with the perceived needs of the times. The jurisdiction to impose punishments was extended as necessary and at times the methods used by the surrounding society were used. They were not sufficiently frequent to arouse objection or discussion. Although thousands of responsa deal with every facet of human life, only a fraction of them mention punish­ments. It is, therefore, difficult to assess the frequency of the imposition of any punishment.

As we follow the pattern of punishment through the ages, we must be keenly aware that change occurred readily and fre­quently. It went far beyond using the methods of the surrounding world. Judaism displayed a constant resilience and ability to make radical changes when it was necessary. The clearest exam­Ple is the creation of a new system of judges and courts after rab­binic ordination had disappeared. This was done in keeping with the spirit of tradition, but existed entirely outside its parameters.

Studies of punishment in Jewish law, as so in so many other areas need to be carried out in depth with evidence from the legal literature augmented by other sources, both Jewish and gentile. Such studies will carry their share of surprises as, per­haps, this study.