The Criminal Code of the Jews According to the Talmud Massecheth Synhedrin

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To constitute murder it was necessary to prove malice and intent. In the words of the Bible the criminal must have ' hated his Murder, Adidtery, and Idolatry. 97 neighbour from heretofore ;' and as regards the commission of the offence, he must have ' lain in wait ' for his victim in order to slay him. The malice and s intent were to be actual and demonstrable. Neither of these essential conditions was to be presumed or inferred from the mere circumstance of an offence having been perpetrated.
...The En- glish legal figment of constructive malice, like constructive murder, was undreamed of by the Hebrew legists. To convict capitally, as our criminal code can, a man who shoots at a fowl perched on a hedge, and acci- dentally kills some person hidden behind it, would have seemed to the rabbins an act of the grossest inhumanity. Only when the crime was assassination, deliberate and pre- meditated, was sentence of death pronounced. Before proceeding further it is necessary to refer here to the remarkable enactment of the Talmud, known as the ' preliminary cau- tion.

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