Rambam - 1 Chapter a Day

Stoning is mentioned in Leviticus 20:27 et al and burning in ibid.:14 et al.

I.e., this was part of the received tradition of the Oral Law.

This is also part of the Oral Tradition as stated in Hilchot Rotzeach 1:1.

I.e., a city where the majority of the inhabitants worship idols.

Deuteronomy 13:16 states that the inhabitants of such a city should be “struck... by the blade of the sword.”

Sefer HaMitzvot (positive commandments 326-329) and Sefer HaChinuc (mitzvot 555, 261, 50, 47) include these mitzvot in their reckoning of the 613 mitzvot of the Torah

See Hilchot Melachim 3:2,8 which explains that a king has the right to decapitate people who rebel against him.

I.e., the appropriate positive commandment mentioned in the previous halachah.

Sefer HaMitzvot (negative commandment 310) and Sefer HaChinuch (mitzvah 62) count this as one of the 613 mitzvot of the Torah.

As proof of this, Sanhedrin 49b cites the fact that this is the manner in which a person who blasphemes God’s name or one who worships idols is executed. Since these are the most severe transgressions, it follows that the punishment for them is also more severe.

Sanhedrin 50a concludes that this is a more severe form of execution, because it is the manner in which a priest’s daughter is executed. Her transgression is considered more severe for it disgraces the honor of the priesthood.

From the fact that this is the manner in which the inhabitants of an idolatrous city are executed - and their property is also destroyed - we conclude that this is more severe than strangulation (ibid.).

I.e., he violated two transgressions, each punishable by execution.

E.g., a person engaged in relations with his mother-in-law while she was married. He is liable to be executed by burning for having relations with his mother-in-law, and to be executed by strangulation for having relations with a married woman. He is punished by the more severe of the two transgressions.

We do not say that since he has been sentenced to death, it is as if he was already executed and hence, he is not liable for his transgressions (Sanhedrin 81a).

As the Rambam states in Hilchot Issurei Bi’ah 13:5: “There is no difference between men and women with regard to punishment, except with regard to a pledged maid-servant.”

And the court is unable to differentiate the person who was sentenced to be executed in a less severe manner from one liable to be executed in a more severe manner.

It is improper to give the person a more severe punishment than that for which he is liable. Hence, since there is the possibility that each person is liable only for the lesser punishment, that is the punishment which is given to him (Rashi, Sanhedrin 79b).

For the latter instance. The rationale for the first instance is obvious. Since the other people did not commit a sin punishable by death, there is no reason why they should be executed. Hence even the convicted person is released (Kessef Mishneh).

Since the person cannot be identified, it is as if he is not present (Rashi, Sanhedrin 79b).
If a murderer who has not been sentenced becomes mixed together with other murderers, none are executed. They are not released, however. Instead, they are imprisoned for life (Hilchot Rotzeach 4:7).

Any person sentenced to death, not only a murderer.

As Deuteronomy 17:7 states: “The hand of the witness shall be raised against him first..., and the hand of the entire nation afterwards.” Until the hand of the witnesses are raised against the convicted person, the people at large may not execute him (Sanhedrin 45b).

After they testified.

For the charge to execute the convicted cannot be fulfilled as prescribed by the Torah.

Since the witnesses did not have hands before they testified, the execution is performed by others. For no where did the Torah disqualify people without hands from testifying (Rashi, Sanhedrin, loc. cit.).
The Kessef Mishneh questions why the Rambam mentions the laws in this clause in connection with the convicted person fighting for his life. Seemingly, they apply in all situations, whether or not he fights for his life.

That a person should be executed by the witnesses and not by others.

Sanhedrin, loc. cit., derives this concept through the techniques of Biblical exegesis. The Radbaz emphasizes that the exegesis is supported by logic: a murderer is a threat to society, for he may kill others. See Hilchot Rotzeach 1:4.

As a rationale, Sanhedrin 47a states: It is improper to bury a wicked person next to a righteous man.

The sins of those in first category are considered far more severe than the sins of those in the second category, to the extent that it would be inappropriate to bury the one next to the other (ibid.).

I.e., the Oral Tradition teaches that there are two plots and not four - one for each category (ibid.).

The decomposition of the flesh is a sign that the soul has received atonement for its sins.

From the Rambam’s words, it appears that, at the outset, it is forbidden for the relatives to bury the corpse of the executed person in shrouds and a coffin (Radbaz).

For they are obligated to carry out their mission as charged by the Torah. Sanhedrin 45b relates that Shimon ben Shetach executed 80 witches in one day. Although that was obviously an exception to the rule as indicated by its lack of conformity to the laws that follow, it nevertheless shows that a court need not restrict itself when the need for execution arises.

For it will be difficult to give each one proper thought and consideration in an attempt to find rationales to acquit the defendant (see Rashi, Sanhedrin 46a).

Rashi (ibid.) states that this applies even if two people violated the Sabbath laws. It is questionable whether the Rambam would accept that view (Or Sameach).

For the rationale used with regard to one will also apply with regard to the other (ibid.).

Similarly, when one person violated the Sabbath laws and another person served idols, they are not judged together. Although the sins are punished by the same form of execution, they are different and each requires its own process of analysis.

Sanhedrin 37b emphasizes that even when the court’s license to execute no longer applies, God will punish wrongdoers. He has many ways to kill those who are liable.
It must be emphasized that when the court feels it necessary, even in the present age, it may have a person killed without the full judicial process. See Chapter 24, Halachah 4, and Hilchot Chovel UMazik 8:10.

Curiously, the Rambam quotes a different portion of the verse cited as a proof-text than his source, Sanhedrin 52b. The portion cited by the Rambam is, however, more closely related to the concept of execution (Radbaz).

I.e., from the laws involving a rebellious elder, our Sages (ibid.) establish an association with all other individuals to be executed by capital punishment.

For when speaking about the Sanhedrin, Deuteronomy 17:8, speaks of “ris[ing] up and ascend[ing] to the place which God your Lord will choose” (Kessef Mishneh).

From the drawings that accompany the Rambam’s Commentary to the Mishnah (the conclusion of Middot) and the Rambam’s statements there, it appears that he maintains that the entire Chamber of Hewn Stone was situated inside the Temple Courtyard. Nevertheless, since it had an entrance leading outside the Temple Courtyard, that portion was not consecrated, as stated in Hilchot Beit HaBechirah 6:7. This is also indicated by his statements in Chapter 1, Halachah 3, above, that the Supreme Sanhedrin would hold sessions in the · Temple. See also Hilchot Beit HaBechirah 5:17. There are other commentaries who explain that the major portion of this chamber protruded outside the walls of the Temple Courtyard. Diagram

Voluntarily. There was a proliferation of murderers among the Jewish people and the Sages were not able to bring them to judgment. They decided that they would move the High Court from the Chamber of Hewn Stone. In this manner, the responsibility would no longer rest upon them, for it would not be possible to carry out executions (Avodah Zarah 8a).

Rosh HaShanah 31a derives this from Isaiah 52:2: “Shake yourself off from the dust; arise,” i.e., arise from the very dust in which you fell.”
The Radbaz (here and in his commentary to Chapter 4, Halachah 11) writes that our Sages prophesied that Mashiach will be revealed in the Galillee. He will then be hidden for a time and then appear in Jerusalem. Perhaps, he continues, before he will become hidden, the prophet Elijah who will accompany him will grant semichah to 70 eleders and they will reconvene the Sanhedrin in Tiberias.
The later Rabbis have noted that the Rambam is buried in Tiberias (and that came about by unique providence). Referring to the Midrash that states that the righteous will be resurrected at the very beginning of the Messianic Redemption, they make an association. The Rambam will be among the first to be resurrected and he will take his place in the Sanhedrin to be convened in Tiberias.

Chapter 4, Halachah 12. The Kessef Mishneh states that this halachah was included only to teach that during the 40 years that the Sanhedrin was exiled, the courts in the diaspora could not employ capital punishment despite the fact that the Temple was standing.