Jewish Encyclopedia vol. 3 p. 554
—In the Pentateuch:
Warrants for the infliction of capital punishment, as opposed to private retribution or vengeance, are found in the Pentateuchal codes for the commission of any one of the following crimes: adultery (Lev. xx. 10; Deut. xxii. 22); bestiality (Ex. xxii. 18 [A. V. 19]; Lev. xx. 15); blasphemy (Lev. xxiv. 16); false evidence in capital cases (Deut. xix. 16-19); false prophecy (Deut. xiii. 6, xviii. 20); idolatry, actual or virtual (Lev. xx. 2; Deut. xiii. 7-19, xvii. 2-7); incestuous or unnatural connections (Lev. xviii. 22, xx. 11-14); insubordination to supreme authority (Deut. xvii. 12); kidnaping (Ex. xxi. 16; Deut. xxiv. 7); licentiousness of a priest's daughter (Lev. xxi. 9); murder (Ex. xxi. 12; Lev. xxiv. 17; Num. xxxv. 16 et seq.); rape committed on a betrothed woman (Deut. xxii. 25); striking or cursing a parent, or otherwise rebelling against parental authority (Ex. xxi. 15, 17; Lev. xx. 9; Deut. xxi. 18-21); Sabbath-breaking (Ex. xxxi. 14, xxxv. 2; Num. xv. 32-36); witchcraft and augury (Ex. xxii. 17; Lev. xx. 27).
—In the Pentateuch:
Warrants for the infliction of capital punishment, as opposed to private retribution or vengeance, are found in the Pentateuchal codes for the commission of any one of the following crimes: adultery (Lev. xx. 10; Deut. xxii. 22); bestiality (Ex. xxii. 18 [A. V. 19]; Lev. xx. 15); blasphemy (Lev. xxiv. 16); false evidence in capital cases (Deut. xix. 16-19); false prophecy (Deut. xiii. 6, xviii. 20); idolatry, actual or virtual (Lev. xx. 2; Deut. xiii. 7-19, xvii. 2-7); incestuous or unnatural connections (Lev. xviii. 22, xx. 11-14); insubordination to supreme authority (Deut. xvii. 12); kidnaping (Ex. xxi. 16; Deut. xxiv. 7); licentiousness of a priest's daughter (Lev. xxi. 9); murder (Ex. xxi. 12; Lev. xxiv. 17; Num. xxxv. 16 et seq.); rape committed on a betrothed woman (Deut. xxii. 25); striking or cursing a parent, or otherwise rebelling against parental authority (Ex. xxi. 15, 17; Lev. xx. 9; Deut. xxi. 18-21); Sabbath-breaking (Ex. xxxi. 14, xxxv. 2; Num. xv. 32-36); witchcraft and augury (Ex. xxii. 17; Lev. xx. 27).
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Punishments
The "Four Deaths."
Stoning (): With reference to two offenders subject to this penalty, the Pentateuch says, "Thine hand shall be first upon him to put him to death, and afterward the hand of all the people" (Deut. xiii. 10 [A. V. 9]), and again (ib. xvii. 7), "The hands of the witnesses shall be first upon him to put him to death, and afterward the hands of all the people." Rabbinic law follows this injunction literally, but confines its consummation within narrow limits. The convict having been placed on a platform twice his height, one of the witnesses throws him to the ground. If the concussion does not produce instant death, the second witness hurls a heavy stone at his chest; and only when this also proves insufficient to end his misery, the bystanders throw stones at the prostrate body until death ensues (Sanh. vi. 4; 45a et seq.; Sifra, Emor, xix.; Sifre, Num. 114; ib. Deut. 89, 90, 149, 151).
Burning (): The Pentateuch simply ordains that the criminal "shall be burnt with fire" (Lev. xx. 14, xxi. 9), and a case is reported from the last days of the Second Temple, where a guilty daughter of a priest was actually burned on a pyre. However, the reporter of the case stated that he had witnessed it during his minority; and as the testimony of a minor is not valid, no rule of procedure could be based thereon. Indeed, the Rabbis declared that a court ordering such an execution was ignorant of traditional law, and a later teacher was of opinion that the court referred to consisted of dissenting Sadducees. According to rabbinic law, an execution by burning means this: The witnesses secure the convict, then force his mouth open by means of a stout cord (wrapped in soft cloth, to prevent the discoloration of the convict's neck) being tightly drawn around his neck, when molten lead or, according to another opinion, a mixture of lead and tin, is poured down his throat and burns his vitals. (Sanh. vii. 2, 52b; Tosef., Sanh. ix. 11; Yer. Sanh. vii. 24b).
Slaying (): The convict having been fastened to a post, his head is severed from the body by a blow with a sword. Splitting the body or piercing it is not permitted; neither is it allowed to perform decapitation on a block (Sanh. vii. 3, 52b; Mek., Mishpaṭim, 4; Sifre, Deut. 94). See Beheading.
Strangulation () is effected by slinging around the convict's neck a stout cord, wrapped in soft cloth, which the executioners draw in opposite directions, until all breath leaves his body and he dies (Sanh. vii. 3, 52b; Mek., Mishpaṭim, 5; Sifra, Ḳedoshim, ix. 11).
No execution is attended with posthumous indignities, except that the usual mourning ceremonies are not observed (Sifra, Shemini, Introduction, 28; Sem. ii. 7; Sanh. vi. 6), and in the case of the idolater and of the blasphemer hanging is superadded, provided the criminal is not a woman. The exposure of the body, however, must not be protracted. The dead convict's hands are joined above his head, and by them he is suspended; but while one of the executioners is still engaged in fastening the cords, the other must begin to untie them. As to the gibbet, it must not be a natural or permanent one, like a tree, but an artificial arrangement, easily removable; and when once used, must be buried out of sight (Sanh. vi. 4, 46b; Sifre, Deut. 221).
Punishments
The "Four Deaths."
Stoning (): With reference to two offenders subject to this penalty, the Pentateuch says, "Thine hand shall be first upon him to put him to death, and afterward the hand of all the people" (Deut. xiii. 10 [A. V. 9]), and again (ib. xvii. 7), "The hands of the witnesses shall be first upon him to put him to death, and afterward the hands of all the people." Rabbinic law follows this injunction literally, but confines its consummation within narrow limits. The convict having been placed on a platform twice his height, one of the witnesses throws him to the ground. If the concussion does not produce instant death, the second witness hurls a heavy stone at his chest; and only when this also proves insufficient to end his misery, the bystanders throw stones at the prostrate body until death ensues (Sanh. vi. 4; 45a et seq.; Sifra, Emor, xix.; Sifre, Num. 114; ib. Deut. 89, 90, 149, 151).
Burning (): The Pentateuch simply ordains that the criminal "shall be burnt with fire" (Lev. xx. 14, xxi. 9), and a case is reported from the last days of the Second Temple, where a guilty daughter of a priest was actually burned on a pyre. However, the reporter of the case stated that he had witnessed it during his minority; and as the testimony of a minor is not valid, no rule of procedure could be based thereon. Indeed, the Rabbis declared that a court ordering such an execution was ignorant of traditional law, and a later teacher was of opinion that the court referred to consisted of dissenting Sadducees. According to rabbinic law, an execution by burning means this: The witnesses secure the convict, then force his mouth open by means of a stout cord (wrapped in soft cloth, to prevent the discoloration of the convict's neck) being tightly drawn around his neck, when molten lead or, according to another opinion, a mixture of lead and tin, is poured down his throat and burns his vitals. (Sanh. vii. 2, 52b; Tosef., Sanh. ix. 11; Yer. Sanh. vii. 24b).
Slaying (): The convict having been fastened to a post, his head is severed from the body by a blow with a sword. Splitting the body or piercing it is not permitted; neither is it allowed to perform decapitation on a block (Sanh. vii. 3, 52b; Mek., Mishpaṭim, 4; Sifre, Deut. 94). See Beheading.
Strangulation () is effected by slinging around the convict's neck a stout cord, wrapped in soft cloth, which the executioners draw in opposite directions, until all breath leaves his body and he dies (Sanh. vii. 3, 52b; Mek., Mishpaṭim, 5; Sifra, Ḳedoshim, ix. 11).
No execution is attended with posthumous indignities, except that the usual mourning ceremonies are not observed (Sifra, Shemini, Introduction, 28; Sem. ii. 7; Sanh. vi. 6), and in the case of the idolater and of the blasphemer hanging is superadded, provided the criminal is not a woman. The exposure of the body, however, must not be protracted. The dead convict's hands are joined above his head, and by them he is suspended; but while one of the executioners is still engaged in fastening the cords, the other must begin to untie them. As to the gibbet, it must not be a natural or permanent one, like a tree, but an artificial arrangement, easily removable; and when once used, must be buried out of sight (Sanh. vi. 4, 46b; Sifre, Deut. 221).
Mishna Sanhedrin 6: 4
The stoning area's height was that of two men. One of the witnesses pushes him on his loins. If he is turned on his heart, they turn him [over,] on his loins. If he dies from this, [the court] has discharged [its obligation]. If not, the second [witness] picks up the stone and puts it on his heart. If he dies from this, [the court] has discharged [its obligation]. If not, he is pelted with stones by all of Israel, as it says, (Deuteronomy 17:7) "The hand of the witnesses shall be first upon him to put him to death, and afterward the hand of all the people." All who are stoned are hanged, according to Rabbi Eliezer. But the Sages say, the only [offenders] who are hanged are the blasphemer and the idolator. A man is hanged with his face toward the people, and a woman with her face toward the gallows, according to Rabbi Eliezer. But the Sages say, a man is hanged, but a woman is not hanged. Rabbi Eliezer said to them, Did Shimon ben Shetach not hang women in Ashkelon? They said to him, he hanged eighty women, and we do not [even] judge two [capital cases] in one day! How do they hang him? They sink the beam into the ground, and [a piece of] wood protrudes from it, and one places his hands together, and hangs him. Rabbi Yose says, the beam leans on a wall, and they hang him the way that butchers do. And then they undo him [from the gallows] immediately. If he stayed there overnight, [the court] violates a negative commandment on his account, as it says, (Deuteronomy 21:23), "His body shall not remain all night upon the tree, but thou shalt surely bury him the same day; for he that is hanged is a reproach unto God...." That is to say: why has he been hanged? Because he 'blessed' [i.e. cursed] God, and God's name has become desecrated.
The stoning area's height was that of two men. One of the witnesses pushes him on his loins. If he is turned on his heart, they turn him [over,] on his loins. If he dies from this, [the court] has discharged [its obligation]. If not, the second [witness] picks up the stone and puts it on his heart. If he dies from this, [the court] has discharged [its obligation]. If not, he is pelted with stones by all of Israel, as it says, (Deuteronomy 17:7) "The hand of the witnesses shall be first upon him to put him to death, and afterward the hand of all the people." All who are stoned are hanged, according to Rabbi Eliezer. But the Sages say, the only [offenders] who are hanged are the blasphemer and the idolator. A man is hanged with his face toward the people, and a woman with her face toward the gallows, according to Rabbi Eliezer. But the Sages say, a man is hanged, but a woman is not hanged. Rabbi Eliezer said to them, Did Shimon ben Shetach not hang women in Ashkelon? They said to him, he hanged eighty women, and we do not [even] judge two [capital cases] in one day! How do they hang him? They sink the beam into the ground, and [a piece of] wood protrudes from it, and one places his hands together, and hangs him. Rabbi Yose says, the beam leans on a wall, and they hang him the way that butchers do. And then they undo him [from the gallows] immediately. If he stayed there overnight, [the court] violates a negative commandment on his account, as it says, (Deuteronomy 21:23), "His body shall not remain all night upon the tree, but thou shalt surely bury him the same day; for he that is hanged is a reproach unto God...." That is to say: why has he been hanged? Because he 'blessed' [i.e. cursed] God, and God's name has become desecrated.
Mishnah Sanhedrin 4:5
How do we press the witnesses in a capital case? We bring them in [to the court's chambers] and press them: "Perhaps what you say [isn't eyewitness testimony] is but your own assessment, or from rumors, or your witnessing an actual witness testify, or your reporting what a trustworthy said. Or perhaps you were unaware that by the end we'd interrogate you, with examination and inquiry. Know that capital cases are not like monetary ones. In monetary cases, [a false witness] can return the money and achieve atonement. But in capital cases, the blood of [the victim [and all his future offspring hang upon you until the end of time. For thus we find in regard to Cain, who killed his brother, "The bloods of your brother scream out!" (Genesis 4:10) - the verse does not say blood of your brother, but bloods of your brother, because it was his blood and also the blood of his future offspring [screaming out]! [Another explanation of the verse: for his blood was splattered over the trees and rocks [there was more than one pool of blood]. [The judges' speech continues] "It was for this reason that man was first created as one person [Adam], to teach you that anyone who destroys a life is considered by Scripture to have destroyed an entire world; and anyone who saves a life is as if he saved an entire world." And also, to promote peace among the creations, that no man would say to his friend, "My ancestors are greater than yours." And also, so that heretics will not say, "there are many rulers up in Heaven." And also, to express the grandeur of The Holy One [blessed be He]: For a man strikes many coins from the same die, and all the coins are alike. But the King, the King of Kings, The Holy One [blessed be He] strikes every man from the die of the First Man, and yet no man is quite like his friend. Therefore, every person must say, “For my sake the world was created.” [The judges' speech continues:] "Maybe you [the witnesses] will now say, 'What do we need this, and all this anxiety for [let's not come forward even with true testimony]!' But Scripture has already spoken: "If he be a witness - having seen or known - if he does not express it, he shall bear his sin." (Lev. 5:1) Maybe you will now say, 'What do we need this, to be responsible for another man's death?' But Scripture has already spoken: "When the wicked are destroyed there is rejoicing." (Prov. 11:10)"
How do we press the witnesses in a capital case? We bring them in [to the court's chambers] and press them: "Perhaps what you say [isn't eyewitness testimony] is but your own assessment, or from rumors, or your witnessing an actual witness testify, or your reporting what a trustworthy said. Or perhaps you were unaware that by the end we'd interrogate you, with examination and inquiry. Know that capital cases are not like monetary ones. In monetary cases, [a false witness] can return the money and achieve atonement. But in capital cases, the blood of [the victim [and all his future offspring hang upon you until the end of time. For thus we find in regard to Cain, who killed his brother, "The bloods of your brother scream out!" (Genesis 4:10) - the verse does not say blood of your brother, but bloods of your brother, because it was his blood and also the blood of his future offspring [screaming out]! [Another explanation of the verse: for his blood was splattered over the trees and rocks [there was more than one pool of blood]. [The judges' speech continues] "It was for this reason that man was first created as one person [Adam], to teach you that anyone who destroys a life is considered by Scripture to have destroyed an entire world; and anyone who saves a life is as if he saved an entire world." And also, to promote peace among the creations, that no man would say to his friend, "My ancestors are greater than yours." And also, so that heretics will not say, "there are many rulers up in Heaven." And also, to express the grandeur of The Holy One [blessed be He]: For a man strikes many coins from the same die, and all the coins are alike. But the King, the King of Kings, The Holy One [blessed be He] strikes every man from the die of the First Man, and yet no man is quite like his friend. Therefore, every person must say, “For my sake the world was created.” [The judges' speech continues:] "Maybe you [the witnesses] will now say, 'What do we need this, and all this anxiety for [let's not come forward even with true testimony]!' But Scripture has already spoken: "If he be a witness - having seen or known - if he does not express it, he shall bear his sin." (Lev. 5:1) Maybe you will now say, 'What do we need this, to be responsible for another man's death?' But Scripture has already spoken: "When the wicked are destroyed there is rejoicing." (Prov. 11:10)"
Makkot 7a
What would they have done? Rebbi Yochanon and Rebbi Elezer said together, they would ask the witnesses,] did you see if the victim was a Terefah or viable? Rav Ashi says, If it came out that they said that they saw that the victim was viable [prior to being killed, they would say that] maybe in the place that the sword entered there was a hole.
Sanhedrin 41a
R. Hisda said: If one testified that he [the accused] slew him with a sword, and another, that he slew him with a dagger, it [the evidence] is inadmissible. If one says, His clothes were black, and the other, His clothes were white; the evidence is admissible.
An objection is raised: ‘Certain’ implies that the evidence must be certain; if one witness says, He slew him with a sword, and the other says, With a dagger; or if one says, His clothes were black, and the other, They were white, the evidence is not ‘certain’? — R. Hisda interpreted this as referring to the [colour of] the cloth with which he strangled him, which comes under the same category as sword or dagger.
Come and hear! If the one says that his sandals were black, and the other, that they were white, the evidence is not certain’! — There too the meaning is, that he kicked him with his sandal and killed him.
Come and hear! IT ONCE HAPPENED THAT BEN ZAKKAI CROSS-EXAMINED [THE WITNESSES] AS TO THE STALKS OF THE FIGS. — Rami b. Hama replied: The meaning is, that a man cut off a fig on the Sabbath, for which he was to be put to death. But has it not been taught: They said to him, ‘He killed him beneath a fig-tree’? — But, said Rami b. Hama: It was a case where he [the accused] pierced his victim with the sharp end of a fig branch.
Come and hear! He questioned [the witnesses]: Were the stalks of this fig tree thin or thick? And were the figs [themselves] black or white?
R. Hisda said: If one testified that he [the accused] slew him with a sword, and another, that he slew him with a dagger, it [the evidence] is inadmissible. If one says, His clothes were black, and the other, His clothes were white; the evidence is admissible.
An objection is raised: ‘Certain’ implies that the evidence must be certain; if one witness says, He slew him with a sword, and the other says, With a dagger; or if one says, His clothes were black, and the other, They were white, the evidence is not ‘certain’? — R. Hisda interpreted this as referring to the [colour of] the cloth with which he strangled him, which comes under the same category as sword or dagger.
Come and hear! If the one says that his sandals were black, and the other, that they were white, the evidence is not certain’! — There too the meaning is, that he kicked him with his sandal and killed him.
Come and hear! IT ONCE HAPPENED THAT BEN ZAKKAI CROSS-EXAMINED [THE WITNESSES] AS TO THE STALKS OF THE FIGS. — Rami b. Hama replied: The meaning is, that a man cut off a fig on the Sabbath, for which he was to be put to death. But has it not been taught: They said to him, ‘He killed him beneath a fig-tree’? — But, said Rami b. Hama: It was a case where he [the accused] pierced his victim with the sharp end of a fig branch.
Come and hear! He questioned [the witnesses]: Were the stalks of this fig tree thin or thick? And were the figs [themselves] black or white?
Sanhedrin 37b
Our Rabbis taught: What is meant by BASED ON CONJECTURE? — He [the judge] says to them: Perhaps ye saw him running after his fellow into a ruin, ye pursued him, and found him sword in hand with blood dripping from it, whilst the murdered man was writhing [in agony]: If this is what ye saw, ye saw nothing.
It has been taught: R. Simeon b. Shatah said: May I never see comfort if I did not see a man pursuing his fellow into a ruin, and when I ran after him and saw him, sword in hand with blood dripping from it, and the murdered man writhing, I exclaimed to him: Wicked man, who slew this man? It is either you or I! But what can I do, since thy blood [i.e., life] does not rest in my hands, for it is written in the Torah, At the mouth of two witnesses etc., shall he that is to die be put to death? May he who knows one's thoughts exact vengeance from him who slew his fellow! It is related that before they moved from the place a serpent came and bit him [the murderer] so that he died.
But should this man [have died] through a serpent? Did not R. Joseph say, and so too it was taught in the school of Hezekiah: From the day the Temple was destroyed, although the Sanhedrin was abolished, the four modes of execution were not abolished? They were not abolished, [you say,] but surely they were! — But the law of the four modes of execution was not abolished: He who is worthy of stoning either falls from the roof, or is trampled to death by a wild beast; he who merits burning either falls into the fire or is bitten by a serpent; he who is worthy of decapitation is either delivered to the [gentile] Government or brigands attack him; he who is worthy of strangulation is either drowned in a river or dies of suffocation?
Our Rabbis taught: What is meant by BASED ON CONJECTURE? — He [the judge] says to them: Perhaps ye saw him running after his fellow into a ruin, ye pursued him, and found him sword in hand with blood dripping from it, whilst the murdered man was writhing [in agony]: If this is what ye saw, ye saw nothing.
It has been taught: R. Simeon b. Shatah said: May I never see comfort if I did not see a man pursuing his fellow into a ruin, and when I ran after him and saw him, sword in hand with blood dripping from it, and the murdered man writhing, I exclaimed to him: Wicked man, who slew this man? It is either you or I! But what can I do, since thy blood [i.e., life] does not rest in my hands, for it is written in the Torah, At the mouth of two witnesses etc., shall he that is to die be put to death? May he who knows one's thoughts exact vengeance from him who slew his fellow! It is related that before they moved from the place a serpent came and bit him [the murderer] so that he died.
But should this man [have died] through a serpent? Did not R. Joseph say, and so too it was taught in the school of Hezekiah: From the day the Temple was destroyed, although the Sanhedrin was abolished, the four modes of execution were not abolished? They were not abolished, [you say,] but surely they were! — But the law of the four modes of execution was not abolished: He who is worthy of stoning either falls from the roof, or is trampled to death by a wild beast; he who merits burning either falls into the fire or is bitten by a serpent; he who is worthy of decapitation is either delivered to the [gentile] Government or brigands attack him; he who is worthy of strangulation is either drowned in a river or dies of suffocation?