daf bit: Sanhedrin 34

[cellio]

The current mishna discusses the timing of trials. Civil cases may be tried by day and concluded by night, but capital cases must be tried by day and concluded by day. Acquittal can come on the same day; a guilty verdict can't be pronounced until the next day. The g'mara on today's daf asks where we learn that capital cases must be concluded by day. R. Sh'mi b. Hiyya says from the verse "and hang them unto the Lord in the face of the sun" (Num 25:4). (32a mishna, 34b g'mara)

Comments

[cellio]

So do I. For all that the torah calls for capital punishment in several places, rabbinic law makes it very hard to carry it out. (Rabbi Akiva said that a court that executes one person in 70 years is bloodthirsty.)

[zevabe.livejournal.com]

The Mishna in Makkot to which you refer can serve as a source in favor of or against capital punishment, as those who say they would never execute (which I thought included R' Akiva & R' Tarfon, but it has been a while) are not looked upon favorably.

By the once in 70 years standard, the modern State of Israel is doing pretty well (one execution so far).