ABSTRACT

This chapter explains the thesis that the Sages used biblical exegesis as a tool for shaping legal policy by examining recourse to exegesis of the scriptural verses pertaining to capital offenses, especially those incurring the punishment of death imposed by the court. It examines the verses themselves, the manner in which they were exegetically expounded by the talmudic Sages, and interpretations of these exegeses that have been offered by commentators from the early Middle Ages to the present day, an exploration that will reveal the labyrinthian interpretive process by which the plain meaning of scriptural verses has increasingly been distorted. The chapter describes the halakhic authorities' approach to midrashic exegesis of biblical verses. Their exegeses are pragmatic, seeking to present the biblical verses relating to capital cases in a moderate light and thereby, in essence, neutralize their substance.