Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-dsjbd Total loading time: 0 Render date: 2024-11-25T02:03:45.123Z Has data issue: false hasContentIssue false
This chapter is part of a book that is no longer available to purchase from Cambridge Core

5 - The Law of Homicide

David Novak
Affiliation:
University of Toronto
Get access

Summary

Introduction

The fourth Noahide law is the prohibition of bloodshed (shefikhat damim). The Gemara attempts to derive this law from a literal reading of two words from Gen. 2:16, a reading that the full context of the verse does not support. The verse, conventionally, reads: “And the Lord God commanded the man …” Although “the man” (ha-adam) is preceded by the preposition al (usually “on” or “about”), the context of the verse seems to indicate that al functions here accusatively, designating “the man” as the direct object of the command. Such use is common. The rabbinic exegesis of these words, however, interprets the verse as: “And the Lord God commanded about man,” taking al literally and haadam to refer to generic “mankind.” This use of ha-adam is then linked to Gen. 9:16—“whosoever sheds human blood …” This reading should be seen as part of the rabbinic attempt to prevent the prescriptions of this verse applying to Adam and Eve alone. Rather, it was normative for humanity at all times.

The Rationality of the Prohibition

Of all the Noahide laws, the necessity of the prohibition of bloodshed was considered by many to be the most immediately evident. This was seen both in relation to the understanding of human character as a social and political being, and as humanity made in the image of God.

In the absence of this prohibition, it was usually emphasized that the possibility of social life would be ruined. Public safety demands it. As Philo writes, “you shall not murder—the second head forbids murder, and under it come the laws, all of them indispensable (anangkaioi) and of great public utility (koino¯pheleis) …” Our natural sociality, according to Philo, insists upon the proscription of murder. Maimonides later indicated that it is the most immediately evident of all the laws governing human relations: Even though there are iniquities more serious (hamurin) than bloodshed, they do not involve the destruction of civilization (hashhattat yishuvo shel olam) as does bloodshed—not even idolatry and, needless to say, incest (arayot) or Sabbath desecration—they are not like bloodshed. For these iniquities are transgressions of what is between man and God, but bloodshed is a transgression between man and man.

Type
Chapter
Information
The Image of the Non-Jew in Judaism
The Idea of Noahide Law
, pp. 97 - 112
Publisher: Liverpool University Press
Print publication year: 2011

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×