Chapter 14: Four Court-Imposed Death Penalties and Their Rules

Overview

This chapter explains the four types of executions administered by the court—stoning, burning, decapitation, and strangulation—their sources, relative severity, and when each applies. It also covers procedural laws regarding execution, burial, and the conditions under which capital cases are judged, including historical context and geographic requirements.

Summary of Each Numbered Halacha

Halacha 1 – Four Types of Death Penalties

The court administers four executions: stoning, burning, sword (decapitation), and strangulation. Stoning and burning are explicitly mentioned in the Torah; all other unspecified deaths are by strangulation. Murderers and residents of an idolatrous city are executed by the sword.

Halacha 2 – Obligation of the Court

Executing those liable is a positive commandment for the court. A king may only execute by the sword, not by other methods.

Halacha 3 – Failure to Execute

If the court fails to execute someone liable, they neglect a positive commandment but do not violate a prohibition—except for a sorcerer, where failure violates “You shall not allow a sorceress to live.”

Halacha 4 – Severity Ranking

Severity order: stoning > burning > sword > strangulation. If someone is liable for two penalties, the harsher one applies—even if the lighter verdict was reached first.

Halacha 5 – Equality of Men and Women

Both men and women are judged under these four penalties.

Halacha 6 – Mixed Liabilities

If people liable for different penalties are mixed together, each receives the lighter penalty.

Halacha 7 – Unidentified Convict

If a convicted person becomes indistinguishable among others, all are exempt, since judgment must occur in the convict’s presence.

Halacha 8 – Resistance After Conviction

If a convict resists and cannot be restrained for proper execution, his witnesses kill him by any means possible—except for murderers, who may be killed by anyone.

Halacha 9 – Burial of Executed Persons

Executed individuals are not buried in family plots. The court prepares two cemeteries: one for stoning and burning, another for sword and strangulation. After decomposition, bones are collected and buried in family graves.

Halacha 10 – Judicial Caution

Courts must deliberate carefully and avoid haste. A court that executes once in seven years is considered destructive—yet if necessary, they execute daily. Two cases are never judged in one day unless both share the same crime and penalty.

Halacha 11 – Location Requirement

Capital cases are judged only when the Sanhedrin sits in the Temple chamber, as derived from the law of the rebellious elder.

Halacha 12 – Historical Movement of the Sanhedrin

Initially, the Sanhedrin sat in the Chamber of Hewn Stone in the Temple. After corruption spread, they moved ten times, ending in Tiberias, where they will return first in the future.

Halacha 13 – Suspension of Capital Cases

Forty years before the destruction of the Second Temple, capital cases ceased because the Sanhedrin left its place, even though the Temple still stood.

Halacha 14 – Judging Outside Israel

When capital cases are judged in Israel, they may also be judged outside Israel—provided the Sanhedrin remains ordained in the Land.