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Sanhedrin veha’Onashin haMesurin lahem - Chapter 13

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Sanhedrin veha’Onashin haMesurin lahem - Chapter 13

1When a person is sentenced to death, he is taken out of the court and led to the place of execution. One person stands at the entrance to the court with flags in his hands and a horse distant from him.1 An announcement is made before him: “So-and-so is being taken to be executed in this-and-this manner, because he violated this prohibition, in this place at this time. So-and-so and so-and-so are the witnesses.2 If there is anyone who knows a rationale leading to his acquittal, let them come and tell us.”אמִי שֶׁנִּגְמַר דִּינוֹ לְמִיתָה - מוֹצִיאִין אוֹתוֹ מִבֵּית דִּין, וְאֶחָד עוֹמֵד עַל פֶּתַח בֵּית דִּין וְהַסּוּדָרִין בְּיָדוֹ, וְהַסּוּס רָחוֹק מִמֶּנּוּ, וְהַכְּרוֹז יוֹצֵא לְפָנָיו 'פְּלוֹנִי יוֹצֵא לֵהָרֵג בְּמִיתָה פְּלוֹנִית עַל שֶׁעָבַר עֲבֵרָה פְּלוֹנִית בְּמָקוֹם פְּלוֹנִי בִּזְמַן פְּלוֹנִי, וּפְלוֹנִי וּפְלוֹנִי עֵדָיו - מִי שֶׁיּוֹדֵעַ לוֹ זְכוּת, יָבוֹא וִילַמֵּד עָלָיו'.
If a person says: “I know a rationale that leads to his acquittal,” the person with the flags waves them and the rider on the horse races to bring the defendant back to the court. If a factor leading to his acquittal is found, he is released. If not, he is taken back for execution.אָמַר אֶחָד ‘יֵשׁ לִי לְלַמֵּד עָלָיו זְכוּת' - זֶה מֵנִיף בַּסּוּדָרִין, וְזֶה הָרוֹכֵב עַל הַסּוּס רָץ וּמַחֲזִיר אֶת הַנִּדּוֹן לְבֵית דִּין. אִם נִמְצָא לוֹ זְכוּת, פּוֹטְרִין אוֹתוֹ; וְאִם לָאו, יַחֲזֹר וְיֵצֵא לַהֲרִיגָה.
If the defendant himself says: “I know a rationale that leads to my acquittal,” even though there is no substance to his words,3 he is returned to the court once or twice. We suspect that perhaps out of fear, he could not present his arguments and when he is returned to the court, he will be composed and will state a substantial reason for acquittal.אָמַר הוּא עַצְמוֹ 'יֵשׁ לִי לְלַמֵּד עַל עַצְמִי זְכוּת', אַף עַל פִּי שֶׁאֵין מַמָּשׁ בִּדְבָרָיו - מַחֲזִירִין אוֹתוֹ פַּעַם רִאשׁוֹנָה וּשְׁנִיָּה; שֶׁמָּא מִפְּנֵי הַפַּחַד נִסְתַּתְּמוּ טַעֲנוֹתָיו, וּכְשֶׁיַּחְזֹר לְבֵית דִּין, תִּתְיַשֵּׁב דַּעְתּוֹ וְיֹאמַר טַעַם.
If they return him to the court, and it is discovered that his words are without substance, for a third time, he is taken to be executed. If on this third occasion, he also says: “I know a rationale that leads to my acquittal,” we return him to the court - even several times - if his words are substantial.הֶחֱזִירוּהוּ וְלֹא נִמְצָא מַמָּשׁ בִּדְבָרָיו - מוֹצִיאִין אוֹתוֹ פַּעַם שְׁלִישִׁית. אָמַר בַּשְּׁלִישִׁית 'יֵשׁ לִי לְלַמֵּד עַל עַצְמִי זְכוּת' - אִם יֵשׁ מַמָּשׁ בִּדְבָרָיו, מַחֲזִירִין אוֹתוֹ, אַפִלּוּ כַּמָּה פְּעָמִים.
For this reason, two scholars are sent to accompany him and listen to his statements on the way. If his words are of substance, he is returned to the court. If not, he is not returned.לְפִיכָךְ מוֹסְרִין לוֹ שְׁנֵי תַּלְמִידֵי חֲכָמִים שֶׁשּׁוֹמְעִין דְּבָרָיו בַּדֶּרֶךְ. אִם יֵשׁ בִּדְבָרָיו מַמָּשׁ, מַחֲזִירִין אוֹתוֹ; וְאִם לָאו, אֵין מַחֲזִירִין אוֹתוֹ.
If an argument leading to his acquittal is not discovered, he is brought out for execution. The witnesses are the ones who execute him4 in the manner5 for which he is liable.6אִם לֹא נִמְצָא לוֹ זְכוּת, מוֹצִיאִין אוֹתוֹ; וְעֵדָיו - הֵם שֶׁהוֹרְגִין אוֹתוֹ בְּכָל מִיתָה שֶׁיִּתְחַיֵּב בָּהּ.
When a murderer is not executed by his witnesses, all other people are obligated to execute him.7וְרוֹצֵחַ שֶׁלֹּא הֲרָגוּהוּ עֵדָיו - חַיָּבִין בֵּית דִּין לְהָמִיתוֹ בְּיַד כָּל אָדָם.
Approximately ten cubits from the place of execution,8 he is told to confess. For all those who are executed should confess. For if they confess, they receive a portion in the world to come.רָחוֹק מִמְּקוֹם הַהֲרִיגָה כְּעֶשֶׂר אַמּוֹת, אוֹמְרִין לוֹ 'הִתְוַדֵּה'! שֶׁכֵּן דֶּרֶךְ כָּל הַמּוּמָתִין, מִתְוַדִּין. וְכָל הַמִּתְוַדֶּה, יֵשׁ לוֹ חֵלֶק בָּעוֹלָם הַבָּא.
If he does not know how to confess, we tell him: “Say ‘may my death atone for my sins.’”אִם אֵינוֹ יוֹדֵעַ לְהִתְוַדּוֹת - אוֹמְרִין לוֹ: אֱמֹר 'תִּהְיֶה מִיתָתִי כַּפָּרָה עַל כָּל עֲווֹנוֹתַי'.
Even if he knows that he was the victim of false testimony, he should confess in this manner.9אַפִלּוּ יָדַע בְּעַצְמוֹ שֶׁשֶּׁקֶר הֵעִידוּ עָלָיו, כָּךְ הוּא מִתְוַדֶּה.
2After he confesses,10 he is given a granule of frankincense dissolved in a cup of wine, so that he will lose control of his mind and become drunk.11 Afterwards, he is executed in the manner for which he is liable.בוְאַחַר שֶׁמִּתְוַדֶּה, מַשְׁקִין אוֹתוֹ קֹרֶט שֶׁל לְבוֹנָה בְּכוֹס שֶׁל יַיִן, כְּדֵי שֶׁתִּטָּרֵף דַּעְתּוֹ עָלָיו וְיִשְׁתַּכֵּר, וְאַחַר כָּךְ יֵהָרֵג בְּמִיתָה שֶׁהוּא חַיָּב בָּהּ.
3The wine, the frankincense, the stone used to execute a person stoned to death,12 the sword used to decapitate a defendant,13 the cloth use for strangulation,14 the pole on which a blasphemer or an idolater is hung after being executed,15 the flags that are waved before those being executed, and the horse16 that runs to save him all are paid for from communal funds.גזֶה הַיַּיִן וְהַלְּבוֹנָה, וְהָאֶבֶן שֶׁיִּסָּקֵל בָּהּ הַנִּסְקָל, וְהַסַּיִף שֶׁיֵּהָרֵג בּוֹ הַנֶּהֱרָג, וְהַסּוּדָר שֶׁחוֹנְקִין בּוֹ הַנֶּחְנָק, וְהָעֵץ שֶׁתּוֹלִין עָלָיו הַנִּתְלֶה, וְהַסּוּדָר שֶׁמְּנִיפִין בּוֹ לִפְנֵי הֲרוּגֵי בֵּית דִּין, וְהַסּוּס שֶׁרָץ עָלָיו לְהַצִּילוֹ - הַכֹּל בָּאִין מִשֶּׁל צִּבּוּר.
Anyone who wants to donate them may donate them.17וּמִי שֶׁרָצָה לְהִתְנַדֵּב, יִתְנַדֵּב.
4The court does not attend the funeral of the executed person.18 Whenever a court has a person executed, they are forbidden to eat for the remainder of that entire day. This prohibition is included in the interdiction (Leviticus 19:26): “Do not eat upon the blood.”19 דאֵין בֵּית דִּין יוֹצְאִין אַחַר הַנֶּהֱרָג. וְכָל בֵּית דִּין שֶׁהָרְגוּ נֶפֶשׁ, אֲסוּרִין לֶאֱכֹל בְּאוֹתוֹ הַיּוֹם - הֲרֵי זֶה בִּכְלַל "לֹא תֹאכְלוּ עַל הַדָּם" (ויקרא יט, כו).
A meal of comfort20 is not given the relatives of those executed by the court.21 This too is derived from the above verse “Do not eat upon the blood.”וְאֵין מַבְרִין הַקְּרוֹבִים עַל הֲרוּגֵי בֵּית דִּין, מִשּׁוּם "לֹא תֹאכְלוּ עַל הַדָּם".
These acts are forbidden, but they are not punishable by lashes.22וּדְבָרִים אֵלּוּ אֲסוּרִין וְאֵין בָּהֶן מַלְקוּת.
5When a person is held liable for the death penalty during Chol HaMoed, the court prolong their analysis of his judgment. The judges eat and drink.23 Afterwards, shortly before sunset, they conclude the judgment and have him executed.המִי שֶׁנִּתְחַיֵּב מִיתָה בְּחֻלּוֹ שֶׁל מּוֹעֵד - מְעַיְּנִין בְּדִינוֹ, וְאוֹכְלִין בֵּית דִּין וְשׁוֹתִין; וְאַחַר כָּךְ גּוֹמְרִין דִּינוֹ סָמוּךְ לִשְׁקִיעַת הַחַמָּה, וְהוֹרְגִין אוֹתוֹ.
6Mourning rites are not held for those executed by the court.24 Their relatives come and inquire about the well-being of the witnesses and the well-being of the judges to show that they have no bad feelings against them in their hearts and that they acknowledge that their judgment was true.והֲרוּגֵי בֵּית דִּין - אֵין מִתְאַבְּלִין עֲלֵיהֶן, וּבָאִין קְרוֹבֵיהֶם וְשׁוֹאֲלִים אֶת שְׁלוֹם הָעֵדִים וְאֶת שְׁלוֹם הַדַּיָּנִין, לְהוֹדִיעַ שֶׁאֵין בְּלִבָּם עֲלֵיהֶם כְּלוּם, שֶׁדִּין אֱמֶת דָּנוּ.
Although they do not observe the mourning rites, they do observe aninut.25 For aninut is solely a reflection of the feeling in one’s heart.26וְאַף עַל פִּי שֶׁאֵין נוֹהֲגִין אַבֵלוּת - הֲרֵי הֵן אוֹנְנִין עֲלֵיהֶן, שֶׁאֵין אֲנִינָה אֶלָא בַּלֵּב.
7When a person was sentenced in one court, fled, and brought to another court,27 we do not reopen his case. Instead, wherever two people will arise and state: “We testify that this person was sentenced to death in this court and that so-and-so and so-and-so are those who testified against him,” he is executed.זמִי שֶׁנִּגְמַר דִּינוֹ וּבָרַח, וּבָא לְבֵית דִּין אַחֵר - אֵין סוֹתְרִין אֶת דִּינוֹ; אֶלָא כָּל מָקוֹם שֶׁיַּעַמְדוּ שְׁנַיִם וְיֹאמְרוּ 'מְעִידִים אָנוּ אֶת אִישׁ פְּלוֹנִי שֶׁנִּגְמַר דִּינוֹ בְּבֵית דִּינוֹ שֶׁל פְלוֹנִי, וּפְלוֹנִי וּפְלוֹנִי עֵדָיו' - הֲרֵי זֶה יֵהָרֵג.
When does the above apply? To a murderer.28 Other people who are obligated to be executed are not given that punishment until the witnesses who originally testified against them come and testify that they were sentenced to death. The witnesses must then execute the convicted themselves.29 The above applies provided testimony is given in a court of 23 judges.30בַּמֶּה דְּבָרִים אֲמוּרִים? בְּרוֹצֵחַ. אֲבָל שְׁאָר חַיָּבֵי מִיתוֹת - עַד שֶׁיָּבוֹאוּ עֵדָיו הָרִאשׁוֹנִים, וְיָעִידוּ שֶׁנִּגְמַר דִּינוֹ, וְיַהַרְגוּהוּ בְּיָדָם. וְהוּא שֶׁיָּעִידוּ בְּבֵית דִּין שֶׁל עֶשְׂרִים וּשְׁלוֹשָׁה.
8When a person was sentenced to death by a court in the Diaspora31 and fled to a court in Eretz Yisrael, we reopen his case at least.32חמִי שֶׁנִּגְמַר דִּינוֹ בְּבֵית דִּין שֶׁהָיָה בְּחוּצָה לָאָרֶץ, וּבָרַח לְבֵית דִּין שֶׁבְּאֶרֶץ יִשְׂרָאֵל - סוֹתְרִין אֶת דִּינוֹ עַל כָּל פָּנִים.
If he comes before the same court who sentenced him in the Diaspora, we do not reopen his case,33 even though they sentenced him in the Diaspora and now they are in Eretz Yisrael.וְאִם הָיוּ אוֹתוֹ בֵּית דִּין עַצְמָן שֶׁנִּגְמַר דִּינוֹ בִּפְנֵיהֶם - אֵין סוֹתְרִין אֶת דִּינוֹ, אַף עַל פִּי שֶׁגְּמָרוּהוּ בְּחוּצָה לָאָרֶץ וְהֵם עַתָּה בְּאֶרֶץ יִשְׂרָאֵל.

Quiz Yourself on Sanhedrin veha’Onashin haMesurin lahem - Chapter 13

Footnotes
1.

I.e., far removed from him, but in a place and at a distance where the rider can see the person with the flags clearly.

2.

All these particulars are mentioned so that if a person was present at that place, at that time, and did not see the crime take place or was with the witnesses in another place at that time, he could come to court and nullify the testimony that served as the basis for the conviction.

3.

I.e., even if the people who accompany him feel that his words are not substantial, they bring him back to the court. Since he is brought back to the court regardless, scholars who can evaluate the substance of his words are not sent with him the first two times (Sanhedrin 43a).

4.

In his Commentary to the Mishnah (Sanhedrin 7:3), the Rambam explains that the execution is placed in the hands of the witnesses, because they are the only ones who have firsthand knowledge of the transgression. Since everyone else knows only because of them, they are given the responsibility to carry out the execution.

5.

One of the four types of death: stoning, burning, decapitation, or strangling.

6.

As Deuteronomy 17:7 states: “And the hand of the witnesses shall be the first against him.”

7.

With regard to others condemned to death, by contrast, it is the witnesses who must execute them. See Halachah 7, and Chapter 14, Halachah 8.

8.

We fear that if he is asked to confess at the place of execution itself, he will be overcome by fear and will not be able to confess properly [the Rambam’s Commentary to the Mishnah (Sanhedrin 6:2)].

9.

For certainly he has other sins, for which he is liable.
Sanhedrin 43a suggests that, in such a situation, a person should say: “May my death be atonement for all my sins except this one,” It, however, rejects that option lest all the executed adopt that version to create the impression that they were framed.
Significantly, in Sefer HaMitzvot (positive mitzvah 73), the Rambam writes that if a person knows that he is being framed, he should not confess. Mayim Chayim explains that in Sefer HaMitzvot, the Rambam is speaking according to Scriptural Law, while here he is speaking according to Rabbinic decree.

10.

But not before, so that he will be of sound mind when he confesses (Torat Chayim).

11.

I.e., he is not required to face his death with a clear mind. Sanhedrin 43a draws support from Proverbs 31:6: “Give strong drink to one who is lost and wine to the bitter of soul.”

12.

See Chapter 15, Halachah 1.

13.

Ibid.:4.

14.

Ibid.:5.

15.

Ibid.:7.

16.

See Halachah 1.

17.

Sanhedrin 43a states that “the precious women of Jerusalem would donate the wine and the frankincense.”

18.

This might create the impression that the court desired to see him executed (Sanhedrin 43a).

19.

See Chapter 18, Halachah 3, and notes which explain that this interdiction includes within it several prohibitions involving different subjects.

20.

The meal brought to the mourners after the burial. See Hilchot Evel 14:9.

21.

Sanhedrin 63a states that this act diminishes the honor of the executed person and thus helps bring him atonement.

22.

As stated in Chapter 18, loc. cit., this prohibition is considered as being “inclusive in nature.” Although all of the forbidden acts included within it are forbidden by Scriptural Law, nevertheless, because of the general nature of the prohibition, their violation is not punishable by lashes. See Sefer HaMitzvot, General Principle 9.

23.

Since Chol HaMoed are festive days, it is improper for the judges to be forbidden to eat. Hence the judgment is prolonged. Since the sentence was not delivered, this is not considered as prolonging the condemned person's suffering.
The implication is that the judges are permitted also to drink wine. Although they have not delivered their ruling and a person who is intoxicated is forbidden to deliver a ruling, no restriction is given. Some suggest that since they have already made their decisions and the hesitation in delivering the ruling is merely a technical factor, there is no necessity for a restriction. Kin'at Eliyahu suggests that the awe of dealing with a case involving capital punishment will prevent them from losing self-control.

24.

As mentioned above, this failure to show them respect conveys atonement upon them (Sanhedrin 46b). In his Commentary to the Mishnah (Sanhedrin 6:8), the Rambam writes that the atonement for these individuals is not granted until their corpses begin to decompose. Hence at the time of the funeral, it is not fit to mourn for them. See also Hilchot Evel 1:9 where this law is repeated.

25.

Aninut refers to the severe feelings of mourning - and appropriate practices - experienced on the day a close relative dies. There is a difference of opinion among the Rabbis whether aninut applies only up until the burial or afterwards as well. From Hilchot Bi'at HaMikdash 2:9, it would appear that the Rambam maintains that the classification of aninut applies after the burial as well.
There are two contexts in which aninut is mentioned in the Torah: the prohibition against partaking of sacrificial offerings (Leviticus 10: 19) and the prohibition against partaking of the second tithe (Deuteronomy 26:14). Other mourning practices associated with aninut are mentioned in Hilchot Evel 4:6.

26.

These feelings do not detract from the atonement to be granted the person executed.

27.

See also the following halachah.

28.

For if he is not executed by the witnesses, the entire Jewish people are obligated to execute him (Sanhedrin 45b).

29.

As Deuteronomy 17:7 states: “And the hand of the witnesses shall be the first against him.” See Halachah 1 and Chapter 14, Halachah 8.

30.

For only such a court may deal with cases involving capital punishment.

31.

This refers to a court of judges who received semichah in Eretz Yisrael, but who were found in the diaspora either temporarily or permanently (Chapter 14, Halachah 14).

32.

Maybe the merit of Eretz Yisrael will make it possible that a rationale to acquit him will be found (Makkot 7a).

33.

For once they judged him and sentenced him to death, there is little likelihood of them changing their minds.

The Mishneh Torah was the Rambam's (Rabbi Moses ben Maimon) magnum opus, a work spanning hundreds of chapters and describing all of the laws mentioned in the Torah. To this day it is the only work that details all of Jewish observance, including those laws which are only applicable when the Holy Temple is in place. Participating in one of the annual study cycles of these laws (3 chapters/day, 1 chapter/day, or Sefer Hamitzvot) is a way we can play a small but essential part in rebuilding the final Temple.
Download Rambam Study Schedules: 3 Chapters | 1 Chapter | Daily Mitzvah
Rabbi Eliyahu Touger is a noted author and translator, widely published for his works on Chassidut and Maimonides.
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Vowelized Hebrew text courtesy Torat Emet under CC 2.5 license.
The text on this page contains sacred literature. Please do not deface or discard.