Dear Governor Mike DeWine and Members of the Ohio General Assembly,

Being Jewish is not just about observing traditional rules but also about being responsibly immersed within society as an active enlightened moral agent partnering for social progress that enhances dignity for all. Our engagement in the political and social realm of society may indeed be even more religiously important than our pious acts within the sanctuary of our houses of worship.

We stand with all people of faith who include among their holy scriptures those adhered to by Jews. The Five Books of Moses is commonly known as the Torah, and certain passages from the Torah are frequently among those cited in support of capital punishment. The following is therefore worthy of your consideration.

Jews do not follow a fundamentalist interpretation of our scriptures. Instead we follow the teachings and interpretations of our sages, which remain subject to reinterpretation. For more than 2000 years, Jewish teaching on the death penalty has been clear: It exists, and we don’t use it.

While the Torah permits the death penalty, the Talmud, in Tractate Sanhedrin, imposes severe limits on capital punishment even when the crime is murder. There are countless preconditions which must be met in order for a Sanhedrin [Rabbinic Court] to issue and carry out an execution, many of which are designed not only to assess guilt, but levels of culpability. The execution of someone when there is any level of doubt about guilt or fairness is forbidden.

Another commonly quoted text is Mishna (Makkot 1:10): A Sanhedrin [Rabbinic Court] that executed [more than] one person in a week is called a “murderous” [court]. Rabbi Elazar ben Azarya states: “[More than] one person in 70 years [would be denoted a murderous court].” Rabbi Tarfon and Rabbi Akiva state: “If we had been members of the Sanhedrin, no defendant would ever have been executed.”

That Rabban Shimon ben Gamaliel remarked in response: “They would also multiply murderers in Israel,” is today irrelevant because society has other means of holding murderers accountable and keeping society safe from further offenses. As you know, imprisonment is what we do the vast majority of the time, and even a surface examination of who is and has been on death row in Ohio, and why, betrays an unfair system that does not meet many of the other requirements as laid out by the rabbis in the Mishna.

Indeed, according to Talmudic law, the authority to apply capital punishment ceased entirely with the destruction of the Second Temple in 70 CE, and not applying the death penalty at all had become predominant in Jewish courts well before then, according to historical accounts. The loss of Jewish sovereignty meant that Jews did not have this authority anyway. The oral tradition that covers Jewish courts and penalties devotes itself to emphasizing the importance of judicial integrity, the value of a human life, the risk and hubris of holding another's life in our hands... leaning heavily away from capital punishment.

We have deep concerns about many aspects of the criminal legal system in Ohio and in the United States, and in particular the many issues of disparity, racism and unfairness in the way the death penalty plays out. We do not believe it is possible to guarantee that human beings will always get it right, and we know executions are unnecessary. We call on you to repeal Ohio's as soon as possible.

Thank you for your consideration.


(To sign the letter, click the "Next" button below)