סנהדרין 45:1 — Soncino English Talmud

GEMARA. Our Rabbis taught: One part of a man was covered, [viz.,] in front and two parts of a woman, [viz.,] in front and behind, because she is wholly shameful [when naked]: this is R. Judah's opinion. The Sages said: A man is stoned naked, but not a woman, What is the Rabbis' reason? — Scripture states, And they shall stone otho [him]. Why state 'otho'? Shall we say, 'otho' but not 'othah,' [her]? but it is written, Then shalt thou bring forth that man or that woman! What then is the significance of 'otho'. — That only he [is stoned] without his garments, but she is stoned in her clothes. R. Judah said: 'Otho' implies without clothes, and there is no Raba said: Is there only an inconsistency between R. Judah's two statements and not between those of the Rabbis? — But, said Raba, R. Judah's two statements are not contradictory, even as we have solved the difficulty. And the Rabbis' views are also not opposed: Scripture says, That all women may be warned and not to do after your lewdness: but here, no greater warning is possible than this [sc. the execution]. And should you say, Let us wreak both upon her, behold R. Nahman said in Rabbah b. Abbahu's name: Scripture says Love thy neighbour as thyself: choose an easy death for him. Shall we say that R. Nahman's statement is the subject of a conflict between Tannaim? — No: all agree with R. Nahman, but they MISHNAH. THE PLACE OF STONING WAS TWICE A MAN'S HEIGHT. ONE OF THE WITNESSES PUSHED HIM BY THE HIPS, [SO THAT] HE WAS OVERTURNED ON HIS HEART. HE WAS THEN TURNED ON HIS BACK.20 IF THAT CAUSED HIS DEATH, HE HAD FULFILLED [HIS DUTY]; BUT IF NOT, THE SECOND WITNESS TOOK THE STONE23 AND THREW IT ON HIS CHEST. IF HE DIED THEREBY, HE HAD DONE [HIS DUTY]; BUT IF NOT, HE [THE CRIMINAL] WAS STONED BY ALL ISRAEL, FOR IT IS WRITTEN: THE HAND OF THE WITNESSES SHALL BE FIRST UPON HIM TO PUT HIM TO DEATH, AND AFTERWARDS THE HAND OF ALL THE PEOPLE. GEMARA. A Tanna taught: And with his own height, there were three [men's heights] in all. Yet do we really require so much height? For the following contradicts it: 'Just as a pit to be reckoned as causing death must be ten handbreadths [deep], so must all other [excavations] be sufficient to cause death, viz., ten handbreadths'? — R. Nahman said in Rabbah b. Abbahu's name: Scripture states, Love thy neighbour as thyself; i.e., choose an easy death for him. But if so, it [sc. the place of stoning] should be still higher! — [That, however, is not so] to prevent disfiguration. ONE OF THE WITNESSES PUSHED HIM: Our Rabbis taught: Whence do we know that it [the execution] was accomplished by hurling down? — Scripture states, And he shall be cast down. And whence the necessity of stoning? — Scripture states, He shall be stoned. And whence do we know that both stoning and hurling down [were employed]? — From the verse, he shall surely be stoned or thrown down. And whence do we know that if he died through being hurled down, it is enough? — Scripture states, or cast down. Whence do we know the same procedure is to be followed for [all subsequent] generations?^ᵃ^ᵇ^ᶜ^ᵈ^ᵉ^ᶠ^ᵍ^ʰ^ⁱ^ʲ^ᵏ^ˡ^ᵐ^ⁿ^ᵒ^ᵖ^ᵠ^ʳ^ˢ^ᵗ^ᵘ^ᵛ^ʷ^ˣ^ʸ^ᶻ^ᵃᵃ^ᵃᵇ^ᵃᶜ^ᵃᵈ^ᵃᵉ^ᵃᶠ^ᵃᵍ^ᵃʰ^ᵃⁱ

^ᵃnote:In a separate pronoun, instead of using the pronominal suffix.
^ᵇnote:Deut. XVII, 5, with reference to idolatry which is punishable by sinning.
^ᶜnote:I.e., a man.
^ᵈnote:I.e., a woman.
^ᵉnote:Who requires only partial covering of a woman.
^ᶠnote:For Rabbah's distinction only reconciled R. Judah's two views, but left the difficulty of the Rabbis' views untouched.
^ᵍnote:Ezek. XXIII, 48. The procedure with the Sotah therefore was only instituted as a deterrent.
^ʰnote:Hence there is no need to add humiliation.
^ⁱnote:Humiliation and stoning.
^ʲnote:Lev. XIX, 18.
^ᵏnote:One entailing as little humiliation as possible.
^ˡnote:R. Judah and the Sages, inasmuch as the former, by requiring only partial covering of the woman and so enhancing her humiliation, does not seem to be of that opinion.
^ᵐnote:I.e., six cubits, the normal height of man to the shoulders being three cubits,
^ⁿnote:To see whether the drop brought his death forthwith. [So Abraham de Boton on Maim. Yad, Sanh. XV, 1. Rashi explains: Because it is degrading (for the dead) to be on the face, v. Tosaf. Yom. Tob. The rendering could accordingly be: One of the witnesses pushed him down on the hips. If (however) he overturned (i.e., fell) on his heart, he was turned on his back, v. Hoffmann.]
^ᵒnote:I.e., the witness, the obligation of execution lying primarily upon him.
^ᵖnote:According to the Naples ed. he himself takes etc. and only if that failed to cause death did the second witness take part.
^ᵠnote:'The' stone, because it was prepared beforehand. This was a very heavy stone, which it required two men to lift.
^ʳnote:Lit., 'placed'.
^ˢnote:Sc., the second witness.
^ᵗnote:I.e., all the bystanders.
^ᵘnote:Deut. XVII, 7.
^ᵛnote:He was pushed down from a standing position.
^ʷnote:To cause instant death.
^ˣnote:Cf. M. B.K. 50b.
^ʸnote:Why is the height of three men required in this case?
^ᶻnote:Lev. XIX, 18.
^ᵃᵃnote:I.e., a quick death.
^ᵃᵇnote:A fall from a greater height would unnecessarily disfigure the body.
^ᵃᶜnote:Of those who approached Mt. Sinai, Ex. XIX, 12ff.
^ᵃᵈnote:In Scripture stoning is first mentioned, as that was the means of bringing about the actual death. Here hurling down is dealt with first as that is preliminary to the other.
^ᵃᵉnote:Ex. XIX, 13.
^ᵃᶠnote:Ibid; cf. Deut. XXII, 24, where stones are expressly mentioned in connection with 'stoning',
^ᵃᵍnote:In case death did not result from the hurling down alone.
^ᵃʰnote:Ibid.
^ᵃⁱnote:Because if stoning were always necessary in addition to the hurling down, even when the latter alone had caused death, why state or cast down?