Talmud Bavli
Talmud Bavli

Halakhah for Sanhedrin 104:26

ואימא שריפה מדאמר רחמנא בת כהן בשריפה מכלל דהא לאו בת שריפה היא

<b><i>MISHNAH</i></b>. <font>STRANGULATION WAS THUS PERFORMED</font>: — THE CONDEMNED MAN WAS <font>LOWERED INTO DUNG UP TO HIS ARMPITS</font>, THEN A HARD CLOTH WAS PLACED WITHIN A SOFT ONE, WOUND ROUND HIS NECK, AND THE <font>TWO ENDS PULLED IN OPPOSITE DIRECTIONS UNTIL HE WAS DEAD.</font> <b><i>GEMARA</i></b>. Our Rabbis taught: [<i>And the man that committeth adultery with another man's wife, even he that committeth adultery with his neighbour's wife the adulterer and the adulteress shall surely be put to death</i>].<span class="x" onmousemove="('comment',' Ibid. XX, 10. ');"><sup>23</sup></span> '<i>The man</i>' excludes a minor; '<i>that committeth adultery with another</i> man's <i>wife</i>' <font>excludes the wife of a minor</font>; '<i>even he that <font>committeth adultery with his</font></i><font> neighbour's <i>wife</i>' excludes the wife of a heathen</font>; 'shall surely be put to death', by strangulation. You say, by strangulation; but perhaps one of the other deaths decreed by the Torah is meant here? — I will answer you: Whenever the Torah decrees an unspecified death penalty, you may not interpret it stringently but leniently:<span class="x" onmousemove="('comment',' Lit., 'attract it to stringency etc'. Hence strangulation, the easiest of deaths, must be meant. ');"><sup>24</sup></span> this is R. Josiah's view. R. Jonathan said: Not because strangulation is the most lenient death, but because by <font>every unspecified death in the Torah strangulation is meant.</font> Rabbi [proceeding to demonstrate this] said: Death by God is mentioned in Scripture;<span class="x" onmousemove="('comment',' E.g., God's slaying of Onan, Gen. XXXVIII, 10. ');"><sup>25</sup></span> and death by man is also decreed. Just as the death by God<span class="x" onmousemove="('comment',' I.e., a normal death, which leaves the body intact. ');"><sup>26</sup></span> leaves no mark [of violence on the body], so also death by man must leave no mark [of violence], a condition which only strangling fulfils. But may it not apply to burning?<span class="x" onmousemove="('comment',' Since, as explained above, an inner fire was applied, leaving the body intact. ');"><sup>27</sup></span> Since the Divine Law explicitly decreed burning for a priest's adulterous daughter, it follows that the adulterous married [Israelite] woman is not put to death by burning.

Sefer HaChinukh

The commandment on the court (beit din) to kill with strangulation one who is liable: That we have been commanded to kill the transgressors of some of the commandments of the Torah with strangulation, as it is stated (Exodus 21:12), "He who strikes a man and [that man] dies shall surely be put to death." And this one of "One who strikes a man" is one of the ones whose death penalty is with strangulation. Since it is written about it, "[he] shall surely die" - and in the explanation, they, may their memory be blessed, said (Sanhedrin 52b), "Any death penalty stated in the Torah undifferentiated is only strangulation." We have learned that those that are liable for the death penalty do not have repayment, as it is stated (Exodus 21:11-12), "there is no money. He who strikes a man and [that man] dies, etc." - Mekhilta.
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