Midrasch zu Dewarim 17:7

How did they examine the witnesses? It is written: Then thou shalt inquire, and make search, and ask diligently, and behold if it be true (Deut. 13:15). At the time they examined the witnesses concerning a sin an individual had committed, the Sanhedrin and all the Israelites would go out into the public square. They brought there the individual who had been charged with the offense which required stoning or one of the four death penalties that were imposed by the Beth Din. Two or three of the most distinguished leaders of the community would come forth and would question the witness. After they returned from the cross-examination, a member of the Sanhedrin would say to them: “What is your decision?” They would announce whether he was to live or to die. If he were to be sentenced to stoning, they would bring a pleasant-tasting but potent wine, and give it to him to drink so that he would not suffer pain from the stoning. Then the witnesses would come, bind his hands and feet, and place him where the stoning was to occur. The witnesses would then take a large stone, (large) enough to kill him, and would place it upon his heart. How did they place it on his heart? They did so simultaneously in order that no one of them might lower his portion of the stone before his companion.⁴And therefore be solely responsible for his death. They would place it on his heart together to conform to the verse: Thy hand shall be first upon him to put him to death (Deut. 13:10). After that all the Israelites were free to pelt him with stones. They did this to everyone condemned to death by the Beth Din.

This heap is witness between me and thee (Gen. 31:48). Scripture states elsewhere in reference to this verse: And crushed Balaam’s foot against the wall (Num. 22:25). The heap alluded to in our text was the very wall at which Balaam violated the promise he had made to Jacob, as it is said: I will not pass over this heap to harm you (Gen. 31:52). Balaam and Laban were one and the same,¹³Sanhedrin 105a. See Ginzberg, Legends of the Jews 6:123. for it is said of him: An Aramean was destroying my father (Deut. 26:5). Balaam was called an Aramean, because he desired to annihilate Israel, as is said: Come, execrate Israel (Num. 23:7). Hence, it was the very wall that had borne witness to the oath that he had made that called him to account, as is written: The hand of the witness shall be first upon him (Deut. 17:7). And Jacob swore by the Fear of his father, Isaac (Gen. 31:53). This righteous man did not swear by the name of the king, but rather on the life of his father. He did it just as a man who desires to prove the truth of this remarks says: “I swear by the life of my father.” He swore this oath only out of respect, as is written: A son shall honor his father (Mal. 1:6).

(Bamidbar 15:34) "And they placed him in ward": We are hereby apprised that all who are liable to krithuth ("cutting off") are put in ward (pending judgment). "for it was not made clear what should be done with him": But is it not written (Shemot 31:14) "He who profanes it shall be put to death"? What, then, is the intent of "For it was not made clear"? He did not know with what specific type of death until it was told to Him by the Holy One. (Ibid. 35) "And the L-rd said to Moses: Die, shall die the man": (i.e., this is the judgment) for all the generations (and not just in this particular instance.) "stone him with stones": in this particular instance. "the entire congregation": in the presence of the entire congregation. You say this, but perhaps it is to be understood literally (i.e., that the entire congregation is to stone him.) It is, therefore, written (Devarim 17:7) "The hand of the witnesses shall be against him first to put him to death." How, then, am I to understand "the entire congregation"? As in the presence of the entire congregation. (15:36) "And the entire congregation took him outside the camp": We are hereby taught that all those who are liable to the death penalty are put to death outside of beth-din. "And they stoned him with stones": One verse states "with stones," and another, (Vayikra 24:23) "with a stone." How are these two verses to be reconciled? The stoning site was two stories high. One of the witnesses pushes him on his thighs. If he turns over on his heart, he is turned over on his thighs. If he dies thereby, it is sufficient. If not, the second witness takes a stone and places it on his heart. If he dies thereby, it is sufficient. If not, all of Israel stone him with stones, in fulfillment of "the hand of the witnesses shall be against him first to put him to death, and the hand of all the people thereafter." There are thus reconciled "stone him with stones" and "and they stoned him with a stone." (Bamidbar, Ibid.) "as the L-rd commanded Moses": He said to them "Stone him," and they stoned him; "Hang him up," and they hung him up. But we have not (yet) heard that they were to hang him up (after he had been killed.) It is, therefore, written (Devarim 21:22) "If there be in a man a sin punishable by death, then he is to be put to death and you shall (thereafter) hang him on a tree." These are the words of R. Eliezer. R. Chidka said: Shimon Hashikmoni was a friend of mine, of the disciples of R. Akiva, and he said: Moses knew that the mekoshesh was to be put to death, but he did not know with which specific kind of death. It were fitting that the section of the mekoshesh be stated (entirely) through Moses but the mekoshesh, being liable had it stated through him. For "merit resolves itself through the meritorious, and liability through the liable."