וְאִ֗ישׁ אֲשֶׁ֤ר יִשְׁכַּב֙ אֶת־כַּלָּת֔וֹ מ֥וֹת יוּמְת֖וּ שְׁנֵיהֶ֑ם תֶּ֥בֶל עָשׂ֖וּ דְּמֵיהֶ֥ם בָּֽם׃
Si un homme cohabite avec sa bru, que tous deux soient mis à mort: Ils ont agi désordonnément, ils ont mérité leur supplice.
English Explanation of Mishnah Sanhedrin
This mishnah lists all of those who are executed by stoning and then begins to explain some of the details. Most of these crimes are specifically listed in the Torah as being punishable by stoning. Some are learned through an analogy with other crimes. We will mention the verses for each crime.(1) one who has sexual relations with his mother: Leviticus 18:7, 20:11. (2) with his father's wife: Leviticus 18:8, 20:11. (3) with his daughter -in-law: Leviticus 20:12. (4) with a male: Leviticus 20:13. (5) with a beast: Leviticus 20:15. (6) a woman who commits bestiality with a beast: Leviticus 20:16. (7) a blasphemer: Leviticus 24:15-16. (8) an idolater: Deuteronomy 17:2-5. (9) one who gives of his seed to molech: Leviticus 20:2. (10) a necromancer or a wizard: Leviticus 20:27. (11) one who desecrates the Sabbath: Number 15:35. (12) he who curses his father or mother: Exodus 21:17, Leviticus 20:9. (13) he who commits adultery with a betrothed woman: Deuteronomy 22:23-24. (14) one who incites [individuals to idolatry: Deuteronomy 13:7-11. (15) one who seduces [a whole town to idolatry]: Deuteronomy 13:7-11. (16) a sorcerer: Exodus 22:17, Deuteronomy 18:10. (17) a wayward and rebellious son: Deuteronomy 21:18-21. The rest of chapter seven will deal with the first 16 of these issues.
Ramban
FOR WHATSOEVER MAN THERE BE THAT CURSETH HIS FATHER OR HIS MOTHER. The meaning thereof is that it refers back to the beginning of the section where He stated, Ye shall fear every man his mother, and his father,233Above, 19:3. and He now states here, for whatsoever man there be that does not obey [this commandment] and curseth his father, or his mother, he shall surely be put to death, and by way of the Truth, [the mystic teachings of the Cabala], this verse is here stated because He had said [above], Sanctify yourselves therefore, and by ye holy; for I am the Eternal your G-d,234Verse 7. and I am the Eternal Who sanctify you,235Verse 8. meaning that it is the Glorious Name236Deuteronomy 28:58. Who sanctifies us, for He is our Father, and our Redeemer from everlasting,237Isaiah 63:16. and it is His Name; therefore he who curses those who participated in his formation, is liable to death. This is the reason for the law [of the punishment] of the adulterer and adulteress, [in the following verse], which He placed near here before [the law of] all forbidden relations [mentioned further on in this section].238Ramban’s meaning, as clearly indicated by his commentary (see following note) is that as a result of committing adultery the children of the union may come to transgress the laws relating to parental honor, as they will not know who their fathers are. It is for this reason that the law of the adulterer and adulteress is identical to that of one who curses his parents [who is liable to death by the hand of the court], as the one leads to the other, and therefore too, it is mentioned in juxtaposition to that law. I have already alluded to this above.239Exodus 20:13 (Vol. II, p. 320).
Now Scripture mentions here some of the forbidden relations in order to make [one who has intercourse with them] liable to death, these being a man’s wife,240Verse 10. a father’s wife,241Verse 11. a daughter-in-law,242Verse 12. a male,243Verse 13. a woman and her mother,244Verse 14. and the same law applies to a woman and her daughter and her daughter’s daughter, for He mentioned here only some of the relations of a wife, but the same punishment applies to all those mentioned there245Above, 18:17. in the admonition. And surely this applies all the more so to one’s own relatives, such as his son’s daughter and his daughter’s daughter mentioned there,246Ibid., Verse 10. and needless to say, his [own] daughter. On all these matters there are also Rabbinical interpretations to establish their punishment. Similarly He mentioned here the punishment of death for lying with a beast.247Verse 15. He mentioned excision again in the case of a menstruant248Verse 18. [although this has already been included in a general statement above, 18:29], in order to declare him liable for mere sexual contact without completion of the act, this being the sense of the expression, he hath bared her fountain.248Verse 18. Similarly [He has stated] in the case of a mother’s sister and a father’s sister, for he hath bared his near kin.249Verse 19. He mentioned an uncle’s wife250Verse 20. and also a brother’s wife,251Verse 21. in order to declare them liable to [the punishment of] dying childless, whether he had no children at the time when he commits the sin, or he did have [in which case none will survive him]. But the excision mentioned in the case of one’s sister252Verse 17. is redundant [being included in the general statement above, 18:29], and has therefore been interpreted by our Rabbis:253Makkoth 13 b. “Why was excision specified in the case of a sister etc.” In line with the plain meaning of Scripture [excision was specified in the case of a sister] in order that Scripture should add [that it will be done] in the sight of the children of their people,252Verse 17. meaning to state that their soul will perish in youth254Job 36:14. in such a way that people will see, understand and realize that the hand of the Eternal hath done this,255Isaiah 41:20. and that the Holy One of Israel has decreed it.
The meaning of the expression he shall bear his iniquity,252Verse 17. is that this sin will cleave to him from that time onwards, his deeds will not prosper, and the curse shall lie upon him,256See Deuteronomy 29:19. for G-d will strike him with sore sicknesses until He will destroy him with excision, something similar to what the Rabbis have said:257Shabbath 37 a. “A sign of [this type of] sin is one affected with dropsy.” It was not necessary for Scripture to mention the other people who are liable to excision, such as one’s mother258Above, 18:7. and a wife’s sister,259Ibid., Verse 18. because all that is needed to be stated about them we have already derived from those mentioned [here in this section].
Now Scripture mentions here some of the forbidden relations in order to make [one who has intercourse with them] liable to death, these being a man’s wife,240Verse 10. a father’s wife,241Verse 11. a daughter-in-law,242Verse 12. a male,243Verse 13. a woman and her mother,244Verse 14. and the same law applies to a woman and her daughter and her daughter’s daughter, for He mentioned here only some of the relations of a wife, but the same punishment applies to all those mentioned there245Above, 18:17. in the admonition. And surely this applies all the more so to one’s own relatives, such as his son’s daughter and his daughter’s daughter mentioned there,246Ibid., Verse 10. and needless to say, his [own] daughter. On all these matters there are also Rabbinical interpretations to establish their punishment. Similarly He mentioned here the punishment of death for lying with a beast.247Verse 15. He mentioned excision again in the case of a menstruant248Verse 18. [although this has already been included in a general statement above, 18:29], in order to declare him liable for mere sexual contact without completion of the act, this being the sense of the expression, he hath bared her fountain.248Verse 18. Similarly [He has stated] in the case of a mother’s sister and a father’s sister, for he hath bared his near kin.249Verse 19. He mentioned an uncle’s wife250Verse 20. and also a brother’s wife,251Verse 21. in order to declare them liable to [the punishment of] dying childless, whether he had no children at the time when he commits the sin, or he did have [in which case none will survive him]. But the excision mentioned in the case of one’s sister252Verse 17. is redundant [being included in the general statement above, 18:29], and has therefore been interpreted by our Rabbis:253Makkoth 13 b. “Why was excision specified in the case of a sister etc.” In line with the plain meaning of Scripture [excision was specified in the case of a sister] in order that Scripture should add [that it will be done] in the sight of the children of their people,252Verse 17. meaning to state that their soul will perish in youth254Job 36:14. in such a way that people will see, understand and realize that the hand of the Eternal hath done this,255Isaiah 41:20. and that the Holy One of Israel has decreed it.
The meaning of the expression he shall bear his iniquity,252Verse 17. is that this sin will cleave to him from that time onwards, his deeds will not prosper, and the curse shall lie upon him,256See Deuteronomy 29:19. for G-d will strike him with sore sicknesses until He will destroy him with excision, something similar to what the Rabbis have said:257Shabbath 37 a. “A sign of [this type of] sin is one affected with dropsy.” It was not necessary for Scripture to mention the other people who are liable to excision, such as one’s mother258Above, 18:7. and a wife’s sister,259Ibid., Verse 18. because all that is needed to be stated about them we have already derived from those mentioned [here in this section].
Rashi
melts it continuously melts. תֶּמֶס is a noun, the “mem” being the fundamental radical and the “tav” a defective radical, like the “tav” of (Lev. 20:12): “they committed a disgraceful act (תבל).”
Rashi
and My wrath that became a rod, shall return because of their blasphemy Heb. (עַל-תַּבְלִיתָם). Comp. (Lev. 20:12) “they have committed a disgrace (תֶּבֶל),” i.e., because of the insults and blasphemies which the servants of the king of Assyria blasphemed Me.
Rashi
of the one who had aged [in] adulteries like: [lit. to the one who had aged adulteries,] the one who had aged in adulteries, as you say (Gen. 38:11): “and she remained her father’s house,” is like “in her father’s house”; (Exod. 30:20), “they shall wash water,” is like “they shall wash with water.” [Likewise,] (ibid.): “And he shall go out freedom;” [and] (Num. 30:11): “But if she made a vow [in] her father’s house.” So did Dunash (p. 17) explain [this]. However, Menachem connected it (p. 45) to (Lev 20:12): “they committed a disgraceful act (תֶּבֶל),” but his words are impossible.