Mga Sanggunian sa Talmud para sa Deuteronomio 17:5: Jerusalem Talmud Sanhedrin & Jerusalem Talmud Horayot

MISHNAH: If sentence was passed¹If in a capital case the accused was condemned to death. In the list of biblical death penalties (Mishnah 7:1) stoning is mentioned first; therefore, the details of the stoning procedure are explained first., one brings him out to be stoned. The place for stoning was outside the court as it is said: Bring the blasphemer outside the camp²Lev. 24:14. A walled city is the equivalent of the desert “camp”; the execution took place outside the city walls (Ketubot 4:6, Note 132). However, the unfaithful preliminarily married virgin was stoned in front of her parents’ house (Deut. 22:21, Tosephta 10:10, Babli 45b) and the idolator at his place of worship (Deut. 17:5; Sifry Deut. 148; Babli Ketubot 45b).. One person was standing outside the court building with towels in his hand³Latin sudarium, -i,n.; in the Talmudim used for any rectangular piece of cloth too small to cover the body. Here it is used for signal flags.; a horse⁴Meaning: a man on a horse. was standing ready at a distance but so he could see him⁵The horse was stationed on the road to the place of execution as far away as possible so that the rider still could see the person holding the signal flags.. If one said⁶One of the judges or of the law students remaining in the court building., I have an argument in his favor, that one waves his towels, the horse gallops and stops him⁷The procession to the place of execution cannot start until the judges reassemble and decide whether the new argument is weighty enough to restart the deliberations towards a new vote.. Even if he himself says, I have an exculpatory argument for myself, one returns him⁸To the court building to present his case to the judges. even four or five times, on condition that his argument be substantial.

HALAKHAH: “If sentence was passed,” etc. The Mishnah⁹The Mishnah has a blanket statement which treats all kinds of stoning in the same way (cf. Note 2). While it is not specified where the stoning takes place, it is clear that it cannot be in front of the court building, where the rabbis require the idolator to be stoned. either follows Rebbi or the rabbis in a Gentile city¹⁰The rabbis agree that in a city whose majority population is Gentile and idolatrous, a stoning for idolatry must take place in the Jewish quarter [Tosephta Chapter 10 in the editio princeps (10:4 in the Wilna ed.), missing in Zuckermandel’s edition, Halakhah 10:10.]. As we have stated: Rebbi said¹¹A similar text is anonymous in Sifry Deut. 148., at your gates¹²The paragraph about punishment for idolatry (Deut. 17:2–7) mentions that idolatry was practiced at your gates (v. 2) and that the idolator should be stoned at your gates (v. 5). The context indicates that the first gate is the place of worship, the second the place of execution. But the talmudic doctrine of unique meaning of lexemes requires that at your gates have the same meaning in both cases. Either the meaning in v. 5 is induced by that of v. 2 (Rebbi) or that in v. 2 by v. 5 (the rabbis). On methodological grounds, Rebbi’s position is preferred in the Babylonian sources (Ketubot 45b and Sifry)., at the gate they were found. You are saying so, or maybe at the gate they were judged? It is said here, at your gates, and it says there, if there be found in your midst, at one of your gates¹³Deut. 17:2.. Since gates mentioned there refers to the gate where he was found, gates mentioned here also refers to the gate where he was found. But the rabbis say, at your gates, at the gate where he was judged. You are saying so, or maybe at the gate were he was found? It is said here, at your gates, and it says there, take this man or this woman … to your gates¹⁴Deut. 17:5.. Since gates mentioned there refers to the gate where he was judged, gates mentioned here also refers to the gate where he was judged.

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.