TheWholeTorah.aiBeta

Sanhedrin Chapter 7, Mishnah 1: The Four Modes of Execution

Chavrusa Learning
Listen0:00 / 0:00

We are now beginning the seventh chapter of Tractate Sanhedrin, Chapter 7, Mishnah 1. We will continue to discuss the various ways in which the beis din is permitted to put a person to death according to his sin, as established by the Torah. We have already discussed stoning above. Our Mishnah lists the four forms of capital punishment, and the basis for discussing their order is exegetical, as one who examines Chapter 9, Mishnah 3 will see.

The practical difference regarding the order of severity:

Ultimately, the practical difference is that a person who has incurred two different death penalties for separate transgressions, carrying different punishments, is executed with the more severe of the two. Hence the importance of knowing which of the death penalties is more severe.

A leniency in the opposite direction:

There is a leniency in the opposite direction: if condemned individuals became mixed up, and it is unknown which of them is liable to stoning and which is liable to strangulation, both are executed with the lighter of the two punishments, as we do not penalize a person more severely than what he deserves as long as the matter is not known with certainty.

A precise reading of the Mishnah's wording:

It says, "Arba misos nimseru l'veis din" - four methods of execution were handed over to the beis din to carry out, four and no other type. From here we can derive two points:

  • Beis din: Only four methods of execution were given to them, and they have no other options.

  • A Jewish king: A king is also granted the authority to put someone to death, but he only has the sword at his disposal - meaning execution by decapitation, which is his only option.

The Mishnah concludes by stating, "Zu mitzvas haniskalin" - meaning, all that was detailed at length in the previous chapter constitutes the procedure for carrying out stoning, which involves casting stones, as we saw above.

From here, we will continue in the upcoming mishnayos to elaborate on the other forms of execution and how they are carried out.