We reach Mishnah 4 in the sixth chapter of Tractate Sanhedrin - the unfortunate part of the story, where the convicted person is actually put to death by stoning. The Mishnah details the stages of carrying out this execution.
"Beis haskilah hayah gavoah shtei komos" - the place of stoning was two stories high:
The structure from which they are going to push the condemned person is two stories high. It is common to translate 'komos' as stories of a building, and this is not a far-fetched translation, but it is imprecise: a 'komah' means the height of a person, about six feet. Two komos are therefore the height of two people, about twelve feet. The Gemara explains that the intention is the height above the person's head - since for the first six feet the person stands on the ground and his head reaches this height. Thus, it involves three times the height of an average person, close to eighteen feet above the ground, and hence the comparison to two stories of a building.
The idea is that they push the condemned from the structure, and he is expected to die from this fall. Although one might have thought that stoning requires actually pelting with stones, the verse (in Parashas Yisro, regarding the prohibition to approach Mount Sinai) states: "Sakol yisakel o yarah yiyareh" - "sakol" means pelting and throwing stones at the person, and "yarah" means throwing the person himself from above. Pushing him from the height is therefore equivalent to stoning: either you bring the stones to the person, or you bring the person to the stones. From the fall itself, from the force of the impact, it is very likely that he will die.
Why was the place of stoning not made higher?
Seemingly, if the goal is to execute, it would have been better to make it higher, to ensure death. However, there is a constant tension between fulfilling the obligation and the mitzvah of "love your neighbor as yourself" - to perform it in the most dignified, quick, and painless way possible, even though by its very nature this process lacks dignity, is not painless, and is not quick. Had the platform been too high, the body of the condemned would be crushed in his fall and might even burst open in the abdominal area - an extreme disgrace that is unwanted. For this reason, the measurement of three times a person's height was established.
"Echad min ha'eidim dochapo al mosnav" - one of the witnesses pushes him by his hips:
Who carries out the execution? The witnesses themselves. They are the primary agents in its execution, since they are the ones who know with absolute certainty that the condemned is liable for the death penalty, and everyone else relies on them; therefore, it is incumbent upon them to carry out the punishment - a very unpleasant position, but that is what was established. One of the two witnesses, let's call him witness A, pushes the condemned from the top of the structure. The hands of the condemned are bound, presumably behind his back; there is indirect evidence for this, but it is not stated explicitly, and it is possible that they are bound in front of him. As mentioned earlier, they also give him water to drink beforehand.
The wording of the Mishnah is precise: "al mosnav" - by his hips. The 'mosnayim' is the place where the legs connect to the body, and it can be explained as the loins - the inner part of the upper thigh - or as the pelvis, the outer part. The understanding here is that it refers to the pelvis: the condemned stands at the top of the structure facing outward, toward the ground, and witness A pushes him forward from his pelvis.
"Nehepach al libo, hofcho al mosnav" - if he turns over onto his heart, he turns him onto his hips - he might turn over in the air and fall face down, and he might not. If he fell on his face, he lies on the ground face down, and if he is a man, his back is not covered at all, since he is naked. There is no greater disgrace than this, and therefore they turn him on his back, so that his chest and face are facing upward. The wording "al mosnav" is somewhat puzzling, but it is clear that the intention here is his backside, meaning to turn him on his back. There is also an additional reason for this: immediately a large stone is to be thrown on his chest if he is still alive, and we want this to be done efficiently and kill him quickly, so that the matter does not prolong.
"Ve'im lav, hasheni noteil es ha'even" - and if not, the second takes the stone:
"Im meis bah, yatza" - if he dies by it, he has fulfilled the obligation - if the condemned died from the push from the place of stoning, they have fulfilled their obligation (since it is a mitzvah to carry out the execution), and the matter is concluded. "Ve'im lav" - and if not - if he survived the fall, then "hasheni noteil es ha'even venosnah al libo" - the second takes the stone and places it on his heart: the second of the two witnesses takes the stone and throws it onto the chest of the condemned. Although the wording "venosnah" implies placing, Tosafos point out that it necessarily means throwing, since stoning involves throwing stones, as emerges from other verses.
Let us add some details here: we are referring to a specific, very large stone, so large that one person cannot lift it alone, and two people are required for the task. The two witnesses lift it together, but since the pushing was done by the first witness, the throwing of the stone is now placed upon the second witness. Therefore, when both of them lift the stone over the chest of the condemned, the first witness pulls his hands away, while the second witness forcefully pushes the stone downward so that it crushes the condemned. Thus, even though it says "he takes it," it is actually a throw.
"Im mes bah - yatza, ve'im lav - regimaso bechol Yisrael" - if he died from the throwing of the large stone onto his chest, they have fulfilled their obligation. If not, and he is still alive, all those standing and watching also pelt him with stones, "shene'emar: yad ha'edim tihyeh bo varishonah lahamiso veyad kol ha'am ba'acharonah" - the hand of the witnesses is upon him first, and after them, the hand of the rest of the people. The Gemara points out that this was never actually required: every condemned person died either from the fall from the stoning place or from the large stone thrown onto his chest afterward, ending his life. In practice, no one survived this stage, but halachically the pelting with stones is possible, and the verses allow for it should it theoretically be required.
That large stone was designated for this purpose and placed in advance at the stoning area, and after it was used, it would be buried; if another execution were to take place there, a new stone would be brought for that purpose.
"Vechol haniskalin nislin" - the obligation of hanging:
Following his death by stoning, the Tannaim debate: "Vechol haniskalin nislin, divrei Rabbi Eliezer" - according to Rabbi Eliezer, anyone condemned to death by stoning must subsequently be hung upon a tree (and we will soon describe what this refers to - a wooden beam). "Vachachamim omerim: Eino nitleh ela hamegadef ve'oved avodah zarah" - in their opinion, the obligation is limited to only two transgressions: a blasphemer, who desecrates the Name of Heaven and curses God, and one who worshipped an idol.
Let us take a step back to clarify matters: the mitzvah of hanging applies exclusively in the context of stoning, and certainly not in the other three death penalties - in burning, decapitation, and strangulation, there is no hanging at all. Even regarding stoning, the most severe form of death, there is a dispute as to whether it applies to all who are stoned or only for these two transgressions. The disagreement is primarily based on verses, and the halachah follows the Sages: no one is hung except a blasphemer and an idol worshipper. The reason: the verse in its context deals with a blasphemer, while an idol worshipper is included because elsewhere idol worship is called blasphemy - the idolater blasphemes and reviles God, and therefore he too is included in the mitzvah of hanging.
And what is this hanging? It is not a hanging for execution, and it should not be compared to a hangman's noose around the neck; he is not hung to death, but merely hung. The method of hanging will be described below.
Another dispute between Rabbi Eliezer and the Sages: Rabbi Eliezer holds that "ha'ish tolin oso panav kelapei ha'am, veha'ishah paneha kelapei ha'etz" - the man is hung with his face toward the crowd looking at him, while the woman is hung with her face turned away from the people toward the wood, toward the pole on which she is hung.
But the Sages disagree: "Ha'ish nitleh ve'ein ha'ishah nisleis" - the man is hung, but the woman is not hung. In their opinion, the obligation of hanging applies only to a blasphemer, and even then - only to a man and not to a woman; women are not hung at all. This too is from a verse: "Vechi yihyeh be'ish chet... vesalisa oso al ha'etz" - specifically a man and not a woman, and this is the halachah. Thus, this refers to men alone, and to men who are blasphemers or idol worshippers.
Rabbi Eliezer's proof from Shimon ben Shetach:
Rabbi Eliezer disagrees on both points - that the matter is not limited to a blasphemer, and that it is not limited to men - and he brings a proof: "Amar lahen Rabbi Eliezer: Vahalo Shimon ben Shetach talah nashim be'Ashkelon" - Rabbi Eliezer said to them: Did not Shimon ben Shetach hang women in Ashkelon? This is a clear and famous precedent: Shimon ben Shetach, the leader of the Jewish people and the Nasi during the Hasmonean period, executed eighty women who engaged in witchcraft. This phenomenon was a very widespread problem in Israel, and Shimon ben Shetach decided that enough was enough, and he created a public spectacle to warn the people that such a thing would no longer pass in silence.
And this is the idea behind the hanging itself: even though there is disgrace and a lack of dignity in it - to be hung and dead before the eyes of the people watching him - its purpose is to make an impression on the public so that there will not be blasphemers. Shimon ben Shetach acted similarly, so that everyone would understand that there was no longer any room to tolerate acts of witchcraft, and he therefore put the eighty women in Ashkelon to death. From here Rabbi Eliezer argues: hanging is not unique to the sin of blasphemy and idol worship, nor is it only for men.
"Amru lo" - The Sages replied to him that one cannot bring proof from this incident, as it was a temporary ruling. And the proof is: "Shemonim nashim talah" - no fewer than eighty women were hanged on that day, "ve'ein danin shenayim beyom echad". It is a rule that we do not judge even two people in capital cases on a single day. As we have seen in the tractate, the court must do everything in its power to avoid a conviction, and if they do convict - they must remain awake the entire night and are forbidden to eat or drink. It is therefore evident that each defendant must be judged separately and with full attention, and therefore we do not judge more than one a day. How, then, were eighty women judged on one day?
The answer is that it was a temporary ruling, a special, one-time enactment carried out under the authority of Shimon ben Shetach, because the alternative was worse and inconceivable - society as a whole was crumbling and falling into the severe pattern of idol worship. There are a few examples of this in the Talmud, where the Sages act in a way that deviates from the rules of halachah for the sake of saving society. Usually a temporary ruling belongs to a prophet, and here it was a Sage - Shimon ben Shetach. Regardless, for our purposes in the Mishnah: one cannot bring proof from here against the Sages, as there were special circumstances here, and the Sages stick to their position, which is also the halachah - only men, and only a blasphemer and an idol worshiper.
"Keitzad tolin oto":
(In the Babylonian Talmud, these words begin a new mishnah, whereas in the Mishnah before us they continue here.) Again, one should not compare this to hanging by a rope from the neck. Rather: "Meshake'in et hakorah ba'aretz" - they sink a large pole, a wooden beam, into the ground; "ve'etz yotze mimenah" - and a crossbeam extends from it to the sides, like a gallows; "umakif shtei yadav zo al gabei zo" - they place his two hands one over the other. The term 'makif' is not common, but we have already seen it in this context: like 'min hamukaf' regarding challah, which means close and joined together. "Vetoleh oto" - and he is hung above the ground for just a brief moment, suspended by his hands.
From here is one of the proofs that his hands were tied behind his back, and therefore they needed to retie them one over the other in front of him, for from behind this is impossible, as will be explained. Once his hands were brought together, one end of the rope was tied behind and around his wrists, and the other end was wound over the beam, and the condemned person is suspended by his hands from the wood.
"Rabbi Yosi omer: Hakorah mutah al hakotel" - In his opinion, they do not sink a pole into the ground and attach a crossbeam to it, but rather they lean the beam against the wall at an angle, "vetoleh oto kederech hatabachim" - and the condemned is hung from the middle of the slanted beam, the way butchers hang an animal to skin it and prepare it for dismantling. This view is also based on verses: the derivation, simply put, is that no other work should be required on the wood, and according to Rabbi Yosi this includes even sinking it into the ground - since the wood is destined to be buried.
The Sages agree with the derivation itself, but they apply it differently: in their opinion they sink the wood into the ground, and the meaning of no other work being required is that it should not be an attached tree that they will have to chop down - since after the hanging of the stoned person they bury the wood, and one may not perform this work. And since the halachah follows the Sages, a beam is sunk into the ground with a crossbeam, and the stoned person is hung on it for a moment; and the restriction is that it should not be an attached tree, but rather a detached piece of wood that they reinsert into the ground.
"Umatir oto miyad" - The Gemara says that the moment of hanging is so brief that two people are required for it and one person is not enough: one raises him, and the second lowers him immediately. And although it is but a single moment, this moment is meant to leave a strong impression on the onlookers, so that such a thing will never be repeated.
Two mitzvot: The prohibition of leaving overnight and the obligation of burial:
At the end of this long Mishnah we come to two additional mitzvot, aside from the mitzvah of hanging: a negative commandment - not to leave him hanging there, and a positive commandment - to bury him immediately. "Im lan - over alav belo ta'aseh": if he remains hanging all night without burial (and halachah requires burial by morning), not only did he not fulfill the positive commandment of burying him, but he even violated a negative commandment, "shene'emar: lo talin nivlato al ha'etz... ki kavor tikberenu" - it is forbidden to leave his corpse overnight on the tree, and it is a mitzvah to surely bury him immediately.
The double expression "kavor tikberenu" teaches that this does not apply only to those stoned and hung, but every person who dies requires immediate burial. We will expand on this further in the next Mishnah, but the fundamental principle is that it is a mitzvah to bury the dead immediately and not leave him unburied.
The end of the verse states: "Ki kilelat Elokim taluy", and the Mishnah explains: "Kelomar, mipnei mah zeh taluy? Mipnei shebeirach et Hashem". A curse is directed toward Heaven, as it were, to see a person hanging on the tree, since the onlookers will ask why this person is hung in such a terrible manner, and the answer will be: because he cursed Hashem. The word 'beirach' literally means to bless, but this is a euphemism for a curse - and certainly here, since the verse is interpreted as referring to a blasphemer who blasphemed and cursed Hashem. "Venimtza shem shamayim mitchalel" - Thus, by leaving the hanged person there is an additional desecration of the Name of Heaven, and therefore they take him down and bury him immediately.
In summary: In this Mishnah we learned the procedure of stoning: the place of stoning is three times the height of a person, a measure that ensures a quick death without excessive disgrace; one of the witnesses pushes the condemned person by his hips, and if he does not die - the second witness drops a large stone on his chest, and if he still does not die - his stoning is done by all of Israel, even though in practice this was never necessary. We also learned the law of hanging after stoning: according to Rabbi Eliezer, this applies to all who are stoned, and the halachah follows the Sages - only for a blasphemer and an idol worshiper, and only for men; and Rabbi Eliezer's proof from the women of Ashkelon was rejected, as it was a temporary ruling. Finally, we discussed the method of hanging, the prohibition of leaving the dead unburied overnight, and the obligation to bury him immediately, due to the desecration of the Divine Name.
In the next Mishnah we will discuss at length the obligation of burial and its laws.