Halakhah for Sanhedrin 104:9
<big><strong>גמ׳</strong></big> תניא אמר להן רבי יהודה לחכמים אף אני יודע שמיתה מנוולת היא אבל מה אעשה שהרי אמרה תורה (ויקרא יח, ג) ובחקותיהם לא תלכו
Now which incident did he first relate to them? Shall we say that he first told them of the incident first mentioned here [which happened in his majority]: but if he told them what happened in his majority, and they paid no attention to him, surely he would not proceed to tell them what occurred in his minority? — But he must have related this one [of the Baraitha] first, to which they replied: 'You were a minor.' Then he told them of the case that occurred in his majority, and they replied, 'That was done because the <i>Beth din</i> at that time was not learned in the law.'
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.
Ask RabbiBookmarkShareCopy