Rambam - 1 Chapter a Day

As Sanhedrin 44b relates, this is a kindness for the person being stoned. In this way, his clothes will not cushion his fall and/or the impact of the stone against him. Thus he will die quickly and not suffer over an extended period of time.

For the embarrassment of being executed while naked will be more aggravating than the physical pain he might suffer. We consider the feelings of the person being executed, as Sanhedrin 45a explains, the command (Leviticus 19:19): “Love your fellow-man as yourself,” applies even to a person being executed. We must choose for him the best possible manner of execution.

Women are more sensitive to being seen unclothed than men, and she would be shamed and embarrassed greatly.

Our Sages calculated that a fall from such a height would kill a person quickly, but would not cause his corpse to rupture. Thus within the context of the punishment decreed for him, it is the best manner of execution possible.

Lest he attack the witnesses.

For as stated in Chapter 13, Halachah 7, and Chapter 14, Halachah 8, it is the witnesses whose responsibility it is to execute him.

For lying on his back is more embarrassing (Rashi, Sanhedrin 45a).

Even though he was not stoned at all, the witnesses fulfill their obligation.

Because it will be impossible for either person to cast the stone with his full strength if the other is holding on (Rashi, Sanhedrin 45b).

Therefore he must be turned over on his back so that the stone will fall on his heart (Kessef Mishneh).

Lest the fact that the Jews execute a person at the gate to their city arouse their ire. As stated in Chapter 12, Halachah 3, the intent is not the gateway of the court itself, but a place somewhat removed from it.

Even if he was judged in another city, he is returned to the city where he performed the transgression to be executed.

I.e., he is not burnt at the stake. Sanhedrin 52a derives this concept by the Torah’s description (Leviticus 10:6) of Aaron’s sons as being burnt although the fire entered their body and did not harm their flesh at all.

To prevent him from squirming when the lead is being poured down his throat. This is undesirable, because perhaps the lead will spill and burn his body, causing him unnecessary pain.

A soft cloth would not strangle the person effectively and a firm cloth would harm his neck. Hence the firm cloth is put inside the soft cloth so that the execution will be performed with the least pain possible.

While gasping for breath.

Shoshanim LiDavid states that one of the witnesses pours the molten metal down his throat. That is, however, slightly difficult, because the witnesses are holding on to the cloth that strangles the convicted. Perhaps after his throat is opened another person takes the witness’ place and he pours the molten liquid.

When executing those who rebel against them (see Hilchot Melachim 2:8).

With regard to this entire halachah, see the notes to Halachah 3.

Sefer HaMitzvot (positive commandment 230) and Sefer HaChinuch (mitzvah 535) count this as one of the 613 mitzvot of the Torah.

I.e., their corpses are hung as sign of degradation.

And therefore he is worthy of the same punishment given a blasphemer.

Even if she violates the above commandments.

I.e., a man and not a woman (Sanhedrin 46a).

By his hands, and not by his neck as the gentile kings do (Radbaz).

Sefer HaMitzvot (negative commandment 66) and Sefer HaChinuch (mitzvah 536) count this as one of the 613 mitzvot of the Torah. The Torah explains the rationale for this prohibition with verse cited above: “A person who is hung is cursing God.” For since every man is created in God’s image, leaving a corpse hanging is a disgrace not only to the corpse itself, but to the One in whose image the corpse was made.
See, however, Hilchot Melachim 3:10 which states that a king may hang the persons he executes for a longer period.

Sefer HaMitzvot (positive commandment 231) and Sefer HaChinuch (mitzvah 537) count this as one of the 613 mitzvot of the Torah.

I.e., the negative commandment cited in the previous halachah. Sanhedrin 46b derives this concept from the repetition of the Hebrew verb in the prooftext cited above. There is a debate among the commentaries if the delay in the burial of persons other than executed criminals is included in the scope of the Biblical command or not (i.e., all agree, that delay is forbidden; the question is whether the prohibition is Scriptural or Rabbinic in origin). Significantly, in Sefer HaMitzvot, loc. cit., when discussing this negative commandment, the Rambam mentions only the mitzvah of burying an executed person. When discussing the positive commandment, by contrast, he also mentions other deceased individuals. See also Hilchot Evel 12:1.

These contribute to the honor of the deceased. Hence it is preferable to wait until these are prepared before burying him. Similar concepts apply with regard to other factors which will add dignity to his funeral (Sanhedrin 46a). See Hilchot Evel 4:7-8 for a discussion of this issue.

The intent is not in the actual grave of the executed, but in proximity to it (Sanhedrin 45b).

I.e., within four cubits of the corpse (Rashi, Sanhedrin, loc. cit.).

The Tosafot Yom Tov (Sanhedrin 7:4) notes that the Rambam does not mention the prohibitions in the same order as the Mishnah which is his source.

Even if she was never married to his father, i.e., he was born out of wedlock.

Even if she is not his mother.

But not married. I.e., Jewish marriage is a two stage process including consecration, where a woman is designated as a man’s wife and forbidden to other men, and marriage, when the couple begins living together. This punishment is given to a man who has relations with a woman after she was consecrated, but before she was married.

All the above prohibitions are detailed in Hilchot Issurei Bi’ah.

All the above prohibitions are detailed in Hilchot Avodat Kochavim.

By performing a forbidden labor.

The latter two prohibitions are described in Hilchot Mamrim.

In contrast to others who commit adultery, she receives this punishment, because she “desecrates her father” (Leviticus 21:9). Even the man with whom she commits adultery does not receive this punishment.

Even if she was born out of wedlock.

Even if she is not his daughter.

All of these prohibitions are detailed in Hilchot Issurei Bi’ah.

Premature death at the hand of heaven alone. There are many authorities who maintain that such relations are not even punishable by kerait. See the commentaries to Hilchot Issurei Bi’ah 2:7.

These prohibitions are described in Hilchot Rotzeach and Hilchot Avodat Kochavim, ch. 4, respectively.

See Hilchot Issurei Bi’ah, ch. 1.

See Hilchot Mamrim, ch. 5.

See Hilchot Genevah, ch. 9.

See Hilchot Mamrim, ch. 3.