Chapter 13 – Procedures for Carrying Out Capital Punishment

Halacha 1 – Announcing and Reviewing the Sentence

• When a person’s death sentence is finalized, they are taken out of the court.
• A person stands at the entrance with a cloth in hand, and a horse is ready at a distance.
• A herald announces: “So-and-so is going to be executed by such-and-such method for committing such-and-such offense at such-and-such place and time. These are the witnesses. Anyone who knows a reason to acquit should come and teach it.”
• If someone claims a defense, the cloth is waved, the rider gallops back, and the accused is returned to court.
• If a valid defense is found, they are freed; if not, they return for execution.
• If the accused themselves claims a defense—even if it seems baseless—they are brought back twice, in case fear confused them.
• On the third time, if their words have merit, they are brought back even multiple times.
• Two scholars accompany them on the way to listen; if they hear a valid argument, they return them.
• If no defense is found, the witnesses carry out the execution.
• If the witnesses fail to execute a murderer, anyone may do so.
• About ten cubits from the place of execution, they are told to confess, as all condemned confess.
• If they don’t know how, they are taught to say: “May my death be an atonement for all my sins.” Even if they believe they were falsely convicted, they confess.

Halacha 2 – Giving Wine and Frankincense

• After confession, they are given wine mixed with frankincense to dull their senses before execution.

Halacha 3 – Community Responsibility for Execution Materials

• All items used for execution—the wine, frankincense, stone for stoning, sword for beheading, cloth for strangulation, tree for hanging, signaling cloths, and the horse—are provided by the community. Volunteers may donate.

Halacha 4 – Restrictions After Execution

• The court does not eat after executing someone. Any court that kills a person may not eat that day, as per “Do not eat over the blood.”
• The relatives of the executed are not given the usual mourning meal for the same reason.

Halacha 5 – Executions During Festivals

• If someone is sentenced during a festival, the court reviews the case, eats and drinks, then concludes the judgment near sunset and executes.

Halacha 6 – Mourning and Relations with Judges

• Those executed by the court are not mourned publicly, but relatives may feel inner grief (aninut).
• Relatives greet the judges and witnesses to show no resentment, affirming the judgment was true.

Halacha 7 – Escaped Convicts

• If someone sentenced to death escapes and appears before another court, the ruling is not overturned.
• Two witnesses can testify that the sentence was finalized, and the person is executed.
• This applies to murderers; for other capital crimes, the original witnesses must testify and execute.

Halacha 8 – Sentences from Outside Israel

• If the sentence was finalized by a court outside Israel and the person fled to a court in Israel, the ruling is overturned.
• If the same judges who sentenced them are now in Israel, the ruling stands.