Avodat Kochavim – Chapter 4: The Laws of the Apostate City (Ir HaNidachas)
Halachah 1 — The Crime of Leading a City Astray
Those who lead a Jewish city to idolatry are executed by stoning, even if they themselves did not worship.
The inhabitants who were led astray are executed by decapitation if they worshiped or accepted a false god.
Halachah 2 — Conditions Required for an Ir Hanidachas
A city is judged as an Ir Hanidachas only if:
- the instigators are local inhabitants,
- at least two men lead the city astray,
- the majority of inhabitants are led astray,
- the city has between 100 people and less than a tribe.
If any condition is missing, idolaters are judged individually.
Halachah 3 — Jurisdiction of the Supreme Court
An Ir Hanidachas may be judged only by the Sanhedrin of 71, as the case involves executing a multitude.
Halachah 4 — Cities Exempt from Ir Hanidachas
Cities of refuge, Jerusalem, and border cities can never be condemned as an Ir Hanidachas.
Three adjacent cities may not be condemned simultaneously.
Halachah 5 — Acts Required to Condemn a City
The instigators must speak in plural form, urging communal worship.
The inhabitants must actually worship through accepted modes or formally accept the deity.
Halachah 6 — Investigation and War Against the City
The Sanhedrin investigates thoroughly and sends scholars to urge repentance.
If repentance is refused, the city is besieged and conquered, and inhabitants are judged.
Halachah 7 — Destruction of the City and Its Property
All idolaters are executed; instigators are stoned.
All property is gathered and burned, fulfilling a positive commandment.
Halachah 8 — Property Rights and False Witnesses
If witnesses are found false, property becomes permitted.
The city may never be rebuilt, though gardens and orchards are allowed.
Halachah 9 — Caravans Passing Through
Travelers who resided 30 days are judged like inhabitants; fewer than 30 days are judged individually.
Halachah 10 — Property Belonging to Outsiders
Property of outsiders is returned.
Property of idolaters located elsewhere is burned only if gathered with city property.
Halachah 11 — Jointly Owned Property
Indivisible jointly owned property is destroyed; divisible property is permitted.
Halachah 12 — Animals and Personal Effects
Slaughtered animals remain forbidden.
Hair is permitted, but wigs are considered property and are forbidden.
Halachah 13 — Produce and Consecrated Property
Attached produce and trees are permitted.
Consecrated animals die; Temple property is redeemed and burned.
Halachah 14 — Firstborns, Tithes, and Terumah
Unblemished consecrated animals die; blemished ones are destroyed.
Terumah is handled according to ownership status.
Halachah 15 — Sacred Texts and Second Tithe
Sacred writings and second‑tithe funds are entombed, not burned.
Halachah 16 — Spiritual Merit of Enforcing Judgment
Those who carry out the judgment are credited as if they offered a burnt offering.
The act averts Divine wrath and brings blessing and mercy upon Israel.
