Литература Второго Храма к Дварим 17:4

§ 55. (Lynching of apostates.) Two questions arise here, (1) whether the lynching so strongly recommended here and almost as explicitly in § 316 is in accordance with Deut., (2) whether it was customary or practicable in Philo’s time. As to (1), in Deut. 13:6–11, which I take to be more to the point than ibid. 12–17 (enjoining the destruction of an apostate city), which Heinemann cites, the E.V. merely says, “thou shalt surely kill him; thine hand shall be first upon him to put him to death, and afterwards the hand of all the people.” Philo would indeed find in the LXX, instead of “thou shalt surely kill him,” “thou shalt surely report it” (ἀναγγέλλων ἀναγγελεῖς), which sounds more judicial. But in § 316 this is interpreted to mean that the report is to be sent round to summon the lovers of piety to assist in the execution. In Deut. 17:4–7 a careful inquiry is to be made when such a call is reported, and two or three witnesses are required. Heinemann thinks that Philo is not referring to these passages at all, but is merely extracting a general law from the case of Phinehas. I do not think this can be right, so far as Deut. 13 is concerned, as in § 316 he formally expounds that passage. As for Deut. 17, Philo if faced with it might reply that it does not suggest a formal trial, but that the self-constituted executioners before taking action must assure themselves that the charge is true, and that what he says here does not deny that.