Originally Posted by metis

Since Jewscout hasn't responded, I'll deal with this question.

When it comes to capital punishment, what we see in Torah are maximum sentences, not required sentences according to our rabbis. Here's why.

After the Pentateuch was written, that was followed by the Tanakh (rest of the "O.T."), then the Mishnah (the oral law), then the Talmud (various teachings, court rulings, and many other things), and then some also include Kabbalah (which I won't deal with here).

We really are a people of the Talmud, no matter how we may regard it. The Talmud reflects Torah, Tanakh, and Mishnah, but it sets forth decisions and applications. OK, let me give you an example.

In Torah, it states "an eye for an eye and a tooth for a tooth". But our sages viewed this as the maximum penalty that could be given. Let me show you how the Talmud deals with this. It says that if there's more than one execution over a seven year period in all of Israel, then the courts are being overly brutal. Today in Israel, capital punishment is reserved only for mass murderers or serial killers.

Hope this helps.