We are pleased to begin the sixth chapter of Tractate Sanhedrin. The topic of this chapter is the method by which executions are carried out, and this subject will continue to accompany us over the next few chapters. Four methods of capital punishment were handed over to the court:
Sekilah - stoning.
Sereifah - pouring molten lead or tin into the throat of the condemned.
Hereg - decapitation with a sword.
Chenek - strangulation.
Each of the four methods of capital punishment and the exact manner of their execution will be discussed at length later in the tractate.
Our Mishnah deals with stoning, and in fact, it is still dealing with the procedure itself. The procedure described here applies more or less equally to the other types of execution as well, and stoning was specifically chosen because it is the most severe of the four. Furthermore, stoning is unique in that, according to the verse, it must be carried out outside the city, in a special facility established for this purpose, whereas the other executions can be carried out locally, as the Mishnah will discuss below.
The primary focus of the Mishnah is to describe how the court does everything in its power to find a way to acquit the condemned, even up to the very last moment. How is the system set up to allow for his return and a renewed decision at the last minute?
"Nigmar hadin motzi'in oso lisekolo":
Once the ruling is concluded, meaning the court has voted by a majority of at least two that the defendant is guilty, they take him out of the court and outside the city for stoning. The essence of stoning, as we will detail later, is that the condemned is taken up to a building or platform two stories high and pushed from there; if he survives the fall (and he likely will), a stone is dropped on him, and if he survives that too, he is pelted with stones. These are horrific and terrible things, and we will elaborate on them further.
"Beis hasekilah hayah chutz l'veis din":
The compound where the stoning takes place was located outside the court, and in fact outside the city, "shene'emar: hotzei es hamekalel el michutz lamachaneh" - as it is stated: "Take the blasphemer outside the camp." The "blasphemer" in the verse is the condemned who is stoned for cursing Hashem, yet nevertheless, the general law that he must be taken outside the city is derived from here.
The signaling system for a last-minute rescue:
"Echad omed al pesach beis din vehasudarin beyado" - out of a desire to allow for a last-minute acquittal, a person is appointed to stand right outside the door of the court. Inside the court, the judges might continue to discuss the case even after the final verdict, lest something new arise at the last second. "Sudarin" are cloths, and they can be viewed as signaling flags used for this purpose.
"Ve'adam echad rochev al hasus rachok mimenu kedei shehu ro'ehu" - the horse was the fastest means of transportation, and the rider is positioned as close as possible to the stoning facility, provided that he can still see the person standing at the entrance of the court and the waving of the cloth.
Thus, if the one waving the cloth wishes to signal that the condemned must be brought back because a new idea was raised, the horse rider will gallop at full speed and return the procession for a renewed discussion.
"Omer echad: yesh li lelamed alav zechus" - One says, "I have grounds to acquit him":
If one of those sitting in the beis din, whether a judge or one of the students, says that he has an argument as to why the condemned man should be acquitted - "Halah meinif basudarin vehasus ratz uma'amido". The man at the entrance waves the cloths, and the horseman gallops to catch up with the procession and stop it, and the condemned man is returned to the beis din. There, the argument is heard, and the beis din reconsiders the guilty verdict and perhaps overturns it to an acquittal.
"Va'afilu hu omer: yesh li lelamed al atzmi zechus - machazirin oto" - Even if he says, "I have grounds to acquit myself" - we return him:
Even the condemned man himself, who says that he has an argument as to why he should be acquitted, can save himself. He is brought back, and he is permitted to speak again before the beis din, and they reconsider his words. And all this is "afilu arba vechamesh pe'amim" - even four and five times - even if this repeats itself many times. The Mishnah uses "four and five" as a figure of speech for a large number, and the intent is not a specific number, but rather that the matter can repeat itself many times.
"Uvilvad sheyesh mamash bidvarav" - Provided there is substance to his words:
The Mishnah stipulates a condition: This applies when the condemned man is not taking advantage of the system, but genuinely has a substantial argument. Therefore, after he is brought back once or twice and it becomes clear that he is merely playing games, we do not listen to him a third time. Alternatively, Torah scholars accompany him, before whom he must first present his arguments for acquittal, and based on their decision, it is determined whether there is substance to them or not. The main point is: the beis din is open to hearing any logical reasoning, and there is no time limit to this, right up until the actual moment of his death.
"Matzu lo zechus - petaruhu, ve'im lav - yotzeh lisakel" - If they found grounds to acquit him, they discharge him, and if not, he goes out to be stoned:
If they indeed found grounds to acquit him, and after having already decided that he is guilty, they retracted and said that the argument is correct and he should be acquitted, they release him and he returns to his life. However, if even after all the last-minute possibilities for appeal and reconsideration, the judges stand by their decision that he is guilty and do not retract, the condemned man goes out to be stoned.
The words of Rabbi Yehudah - "Vechruz yotzeh lefanav" - And a herald goes out before him:
We wish to open up another possibility: perhaps there is someone in the public who has no idea what happened, and who could come forward and demonstrate that the witnesses are invalid or that there was some other flaw in them, and because of this the condemned man should be acquitted. Therefore, a herald goes out before him as he goes out to be executed and announces:
"Ish ploni ben ploni yotzeh lisakel" - "So-and-so, son of so-and-so, is going out to be stoned" - the identity of the condemned man.
"Al she'avar aveirah plonis" - "For committing such-and-such an offense" - the offense he committed, at a specific time and place.
"Ufloni ufloni edav" - "And so-and-so and so-and-so are his witnesses" - the names of the witnesses who testified that he committed the act at that time and in that place.
"Kol mi sheyodea lo zechus yavo vilelamed alav" - "Anyone who knows grounds to acquit him should come and state it on his behalf" - anyone who has an objection, a logical argument, a question, or testimony regarding the witnesses, this is the time to voice it, so that the beis din will reconsider and perhaps find him innocent.
In summary: In this Mishnah, we learned the procedure for going out to execution, the location of the stoning site outside the city, and the signaling system of the one waving the cloths and the horseman, whose entire purpose is to allow a last-minute return. We saw that any person, and even the condemned man himself, can raise an argument for acquittal many times, provided there is substance to his words, as well as the herald's announcement according to Rabbi Yehudah, which invites anyone who knows of grounds for acquittal to come and state it. If the person can be saved at the last minute - all the better, and this is a final effort to do so.
In the next Mishnah we will learn what happens next, when no argument is found to save him.