וְאִ֗ישׁ אֲשֶׁ֨ר יִקַּ֧ח אֶת־אִשָּׁ֛ה וְאֶת־אִמָּ֖הּ זִמָּ֣ה הִ֑וא בָּאֵ֞שׁ יִשְׂרְפ֤וּ אֹתוֹ֙ וְאֶתְהֶ֔ן וְלֹא־תִהְיֶ֥ה זִמָּ֖ה בְּתוֹכְכֶֽם׃
누구든지 아내와 그 장모를 아울러 취하면 악행인즉 그와 그들을 함께 불사를지니 이는 너희 중에 악행이 없게 하려 함이니라
Jerusalem Talmud Sanhedrin
MISHNAH: The following are to be burned: one who copulates with a woman and her daughter,1Lev. 20:14. and the daughter of a Cohen who committed adultery2Lev. 21:9.. In the category of a woman and her daughter are included his daughter, his daughter’s daughter, his son’s daughter, his wife’s daughter, her daughter’s daughter, and her son’s daughter3Lev. 18:17 includes relations with a woman and her granddaughter with the prohibition of a woman and her daughter. The Mishnaiot in the Babli and most independent Mishnah mss. include mention of the mother and the grandmother-in-law. This is logically redundant.. The following are to be beheaded: the murderer,4Chapter 7, Note 4. and the inhabitants of a seduced town5Deut. 13:16; Halakhot 7:1,10:7,8..
Jerusalem Talmud Sanhedrin
HALAKHAH: “Four kinds of execution was the court empowered to impose,” etc. But to the government2The Roman Imperial government. When Caracalla extended Roman citizenship to all free inhabitants of the empire, he thereby abolished crucifixion (except for slaves). only decapitation was given. From where stoning? You shall stone them with stones that they die3Deut. 17:5.. Burning, for it is written, in fire you shall burn him and them4Lev. 20:14.. Avenging is written here5Ex. 21:20. The slave slain by his master shall be avenged. Babli 52b; the Babli text in Mekhilta dR. Ismael p. 273, dR. Simeon bar Iohai p. 175., and there it is written: I shall bring over you a sword which avenges the vengeance of the Covenant6Lev. 26:25.. Since avenging mentioned there is by the sword, also avenging mentioned here is by the sword. Strangling? You do not find it7It is not mentioned anywhere in biblical literature as a recognized form of execution. The Babli’s discussion, 52b, is inconclusive.. You say that for any death penalty mentioned in the Torah with no particular indication, you are not empowered to make it more stringent, but only to make it less so; they assigned this to strangling.
Jerusalem Talmud Sanhedrin
Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: Anyone who is executed less cruelly than her father’s death is by burning13The discussion follows the rabbis, for whom stoning is more severe than burning. The statement is a little more explicit in the Babli, 51a.
A definitively married Israel woman who commits adultery is strangled, except that if she commit incest with her father both are burned (Lev. 20:14). As a preliminarily married maiden she would be stoned. Therefore, it is clear that for the rabbis the daughter of a Cohen is burned only if either she commits incest with her father or adultery when definitively married.. As long as she is with her father, with her father she is burned, with her father-in-law stoned. With her father she is desecrating, in fire she should be burned14Lev. 21:9, reading אֶת as “with”. The quote with the following two sentences is a baraita, Sifra Emor Pereq 1(19); Tosephta 14:17.. Rebbi Eliezer says, with her father she is burned, with her father-in-law stoned15Lev. 20:12. From Lev. 20:27: they shall be put to death, by a stone they shall be stoned, their blood be on them, it is inferred that any expression “their blood be on them” means execution by stoning. Babli 54a.. She by burning, her paramour not by burning16The singular used in Lev. 21:9 implies that only she is executed by burning; her paramour is punished, like any adulterer with a married woman, by strangulation (Babli 51a).. She by burning, her perjured witnesses not by burning. Similarly by burning, she and they by burning. Simnilarly by stoning, she and they by stoning. Similarly by strangulation, they by burning but he by strangulation17The last three sentences are repeated as last sentences of this Tractate, Halakhah 11:8; Tosephta 14:17. “They” are perjured witnesses who falsely accuse her. If they accuse her of adultery as a definitively married woman, then the perjured witnesses are strangled, the prescribed punishment of the paramour. If they accuse her of incest with her father, they are burned, the prescribed punishment of her father. If they accuse her of adultery as preliminarily married maiden, they are stoned, the prescribed punishment both of her and her paramour.
The last sentence cannot stand as it appears here. In Chapter 11, one reads כְּיוֹצֵא בָהֶן בְּחֶנֶק הִיא וְהֵן בְּחֶנֶק “similarly by strangulation, she and they by strangulation.” In the Tosephta כְּיוֹצֵא בָהֶן בְּחֶנֶק הוּא בִּשְׂרֵיפָה וְהֵן בְּחֶנֶק “similarly by strangulation, he is burned and they by strangulation.” One sees that none of the scribes understood what he was writing. One may read in Chapter 11 “he and they by strangulation,” or in the Tosephta “she is burned and they strangled”. In the text here, one has to read: “she by burning but he (or they) by strangulation.”.
A definitively married Israel woman who commits adultery is strangled, except that if she commit incest with her father both are burned (Lev. 20:14). As a preliminarily married maiden she would be stoned. Therefore, it is clear that for the rabbis the daughter of a Cohen is burned only if either she commits incest with her father or adultery when definitively married.. As long as she is with her father, with her father she is burned, with her father-in-law stoned. With her father she is desecrating, in fire she should be burned14Lev. 21:9, reading אֶת as “with”. The quote with the following two sentences is a baraita, Sifra Emor Pereq 1(19); Tosephta 14:17.. Rebbi Eliezer says, with her father she is burned, with her father-in-law stoned15Lev. 20:12. From Lev. 20:27: they shall be put to death, by a stone they shall be stoned, their blood be on them, it is inferred that any expression “their blood be on them” means execution by stoning. Babli 54a.. She by burning, her paramour not by burning16The singular used in Lev. 21:9 implies that only she is executed by burning; her paramour is punished, like any adulterer with a married woman, by strangulation (Babli 51a).. She by burning, her perjured witnesses not by burning. Similarly by burning, she and they by burning. Simnilarly by stoning, she and they by stoning. Similarly by strangulation, they by burning but he by strangulation17The last three sentences are repeated as last sentences of this Tractate, Halakhah 11:8; Tosephta 14:17. “They” are perjured witnesses who falsely accuse her. If they accuse her of adultery as a definitively married woman, then the perjured witnesses are strangled, the prescribed punishment of the paramour. If they accuse her of incest with her father, they are burned, the prescribed punishment of her father. If they accuse her of adultery as preliminarily married maiden, they are stoned, the prescribed punishment both of her and her paramour.
The last sentence cannot stand as it appears here. In Chapter 11, one reads כְּיוֹצֵא בָהֶן בְּחֶנֶק הִיא וְהֵן בְּחֶנֶק “similarly by strangulation, she and they by strangulation.” In the Tosephta כְּיוֹצֵא בָהֶן בְּחֶנֶק הוּא בִּשְׂרֵיפָה וְהֵן בְּחֶנֶק “similarly by strangulation, he is burned and they by strangulation.” One sees that none of the scribes understood what he was writing. One may read in Chapter 11 “he and they by strangulation,” or in the Tosephta “she is burned and they strangled”. In the text here, one has to read: “she by burning but he (or they) by strangulation.”.