strangulation

The daughter of a convert who converted together with her mother and then committed an act of fornication is subject to the penalty of strangulation. She is not [stoned] at the door of her father’s house nor [does her husband pay the] hundred sela’. If she was conceived in unholiness but her birth was in holiness she is subject to the penalty of stoning. She is not [stoned] at the door of her father’s house nor [does her husband pay the] hundred sela’. If she was both conceived and born in holiness she is regarded as a daughter of Israel in all respects. A girl who has a father but no door of her father’s house; or a door of her father’s house but no father, is subject to the penalty of stoning [the verse did not state] “the opening of her father’s house” (Deut. 22:21) except as a precept.

Four deaths have been entrusted to the court: stoning, burning, slaying [by the sword] and strangulation. R. Simeon says: “burning, stoning, strangulation and slaying.” That (the previous chapter) is the manner of stoning.

Four deaths have been entrusted to the court: stoning, burning, slaying [by the sword] and strangulation. R. Simeon says: “burning, stoning, strangulation and slaying.” That (the previous chapter) is the manner of stoning.

Slaying by the sword was performed thus: they would cut off his head by the sword, as is done by the civil authorities. R. Judah says: “This is a disgrace! Rather his head was laid on a block and severed with an axe. They said to him: “No death is more disgraceful than this.” Strangulation was performed thus: the condemned man was lowered into dung up to his armpits, then a hard cloth was placed within a soft one, wound round his neck, and the two ends pulled in opposite directions until he was dead.

The maternal uncle of Rebbi Ada had rolled up the kaftan of Rav on the Great Fastday. He said to him: When you see the sun on top of the date palms, give me my kaftan so that we may pray Minḥah. And when the sun is on top of the date palms it is daytime. As Rebbi Yoḥanan said (Is. 44:27): “He Who said to the deep: dry up!”, that is Babylonia, the filth of the world. Rebbi Yoḥanan said: Why is it called “the deep”, because there the dead of the Deluge were submerged, (Jer. 51:49) “Also in Babylonia the slain of Israel will fall, also in Babylonia the corpses of all the earth did fall.” It is written (Gen. 11:2) “They found a valley in the land Shinear and dwelt there.” Rebbi Simeon ben Laqish said, why is it called Shinear? Because there the dead of the Deluge were thrown. Another explanation: Because they die in strangulation, without light or public baths. Another explanation: Shinear, because they are stripped of miẓwot, without terumah and without tithes. Another explanation: Shinear, because its rulers die as youths. Another explanation: Shinear, because it produced a hater and enemy of the Holy One, praise to Him. Who is that? That is Nebuchadnezzar the evil one.

MISHNAH: The daughter of a Cohen married to an Israel who afterwards ate heave pays the principal but does not pay the fifth; her death is by burning. If she married one of the ineligible, she pays principal and fifth and her death is by strangulation, the words of Rebbi Meïr. But the Sages say, both pay principal but not the fifth and their deaths are by burning. He who feeds his minor children or his slaves, adult or minor, he who eats heave from outside the Land, and he who eats less than the volume of an olive of heave pays the principal but not the fifth. The payment is profane and if the Cohen wants to forgive it, he may forgive. This is the principle: In every case one pays the principal and the fifth, the payment is heave and although the Cohen may want to forgive, he may not forgive. In every case one pays the principal but not the fifth, the payment is profane and if the Cohen wants to forgive, he may do so.

By money, from where? “After he acquires,” this tells you that she is acquired by money. By marital relations, from where? “And has marital relations with her,” this tells you that she is acquired by intercourse. I would say, by both together. Money without intercourse and intercourse without money, from where? Rebbi Abbahu in the name of Rebbi Joḥanan, it is written: “If a man is found lying with a woman having had intercourse with her husband.” Think of it, even if he did only acquire her by intercourse, the one coming after him is [executed] by strangulation. Not only regular intercourse but even perverse. Rebbi Abbahu in the name of Rebbi Joḥanan, it is necessary to mention perverse intercourse for if it were regular, why mention her husband? As we have stated there: “If she was raped by two men, the first is stoned, the second strangled.”

Rebbi Simeon says, burning is worse than stoning, but the rabbis teach that stoning is worse than burning. Rebbi Simeon says, strangulation is worse than decapitation; but the rabbis teach that decapitation is worse than strangulation. Rebbi Simeon explained that any reference to “Cohen’s daughter” implies burning, but the rabbis teach that any reference to “preliminarily married” implies stoning. Rebbi Simeon explained: The Torah was stringent with a Cohen’s daughter and ordered that as preliminarily married she be burned, but was lenient with the definitively married one that she be stoned. The Torah was lenient with the preliminarily married daughter of an Israel and ordered that she be stoned; it is logical that we be lenient with the definitively married one that she be decapitated. But the rabbis explain, since the Torah was stringent with the preliminarily married daughter of an Israel and ordered that she be stoned, it was lenient with her in her definitively married status to be burned. The Torah was lenient with the daughter of a Cohen in her pleliminarily married status and ordered that she be burned; it is logical that we be lenient with her in her definitively married status that she be strangled.

Rebbi Simeon says, burning is worse than stoning, but the rabbis teach that stoning is worse than burning. Rebbi Simeon says, strangulation is worse than decapitation; but the rabbis teach that decapitation is worse than strangulation. Rebbi Simeon explained that any reference to “Cohen’s daughter” implies burning, but the rabbis teach that any reference to “preliminarily married” implies stoning. Rebbi Simeon explained: The Torah was stringent with a Cohen’s daughter and ordered that as preliminarily married she be burned, but was lenient with the definitively married one that she be stoned. The Torah was lenient with the preliminarily married daughter of an Israel and ordered that she be stoned; it is logical that we be lenient with the definitively married one that she be decapitated. But the rabbis explain, since the Torah was stringent with the preliminarily married daughter of an Israel and ordered that she be stoned, it was lenient with her in her definitively married status to be burned. The Torah was lenient with the daughter of a Cohen in her pleliminarily married status and ordered that she be burned; it is logical that we be lenient with her in her definitively married status that she be strangled.

Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: Anyone who is executed less cruelly than her father’s death is by burning. As long as she is with her father, with her father she is burned, with her father-in-law stoned. With her father she is desecrating, in fire she should be burned. Rebbi Eliezer says, with her father she is burned, with her father-in-law stoned. She by burning, her paramour not by burning. She by burning, her perjured witnesses not by burning. Similarly by burning, she and they by burning. Simnilarly by stoning, she and they by stoning. Similarly by strangulation, they by burning but he by strangulation.

Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: Anyone who is executed less cruelly than her father’s death is by burning. As long as she is with her father, with her father she is burned, with her father-in-law stoned. With her father she is desecrating, in fire she should be burned. Rebbi Eliezer says, with her father she is burned, with her father-in-law stoned. She by burning, her paramour not by burning. She by burning, her perjured witnesses not by burning. Similarly by burning, she and they by burning. Simnilarly by stoning, she and they by stoning. Similarly by strangulation, they by burning but he by strangulation.

Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: The rabbis explain that the inhabitants of a seduced city should have been included in the category of idolaters, by stoning. They were treated to a less painful way of execution; that should be by burning. It is not enough that you decree for them an easier death by burning, but should you have them judged by the easiest way, by strangulation? Rebbi Simeon explained: The false prophet should have been included in the category of idolaters, by burning. He was treated to a less painful way of execution, which should be by stoning. It is not enough that you decree for them an easier death by stoning, but you have him judged by the easiest way, by beheading.

Rebbi Samuel ben Sosartai in the name of Rebbi Abbahu switches the arguments. The rabbis explained: The rabbis explain that the false prophet should have been included in the category of idolaters, by stoning. He was treated to a less painful way of execution, [this should have been] by burning. It is not enough that you decree burning for them, but you have him judged by the easiest way, by strangulation.

MISHNAH: If a murderer was mixed up with others, none of them are criminally liable. Rebbi Jehudah says, one keeps them in jail. Any condemned to death who were mixed up with others shall be executed by the easier way. Those to be stoned with those to be burned, Rebbi Simeon says they shall be stoned because burning is more painful, but the Sages say they shall be burned since stoning is more painful. Rebbi Simeon told them, if burning were not more painful it would not have been prescribed for a Cohen’s daughter who committed adultery. They answered him, if stoning were not more painful, it would not have been prescribed for the blasphemer and those who worship strange cults. Those to be slain with those to be strangled, Rebbi Simeon says by the sword, but the Sages say by strangulation.

Rebbi Simeon says, burning is worse than stoning, but the rabbis teach that stoning is worse than burning. Rebbi Simeon says, strangulation is worse than decapitation; but the rabbis teach that decapitation is worse than strangulation.

Rebbi Simeon says, burning is worse than stoning, but the rabbis teach that stoning is worse than burning. Rebbi Simeon says, strangulation is worse than decapitation; but the rabbis teach that decapitation is worse than strangulation.

HALAKHAH: “Somebody who was found guilty of two death penalties,” etc. There it was stated that one states: “Rebbi Yose says, he shall be convicted for the first connection.” How is this? His mother-in-law who then became a married woman is [executed] by burning. As a married woman who later became his mother-in-law it is by strangulation, if he copulated with his mother-in-law. How with his mother-in-law and daughter-in-law? How can this be? A man married a woman, and her brother’s daughter, and the woman’s daughter. If he copulated with the old woman he is liable for her because of his mother-in-law, the mother of his mother-in-law, and the mother of his father-in-law. If his mother-in-law is simultaneously his daughter-in-law, how does Rebbi Yose treat this? The more severe and the lesser, how does Rebbi Yose treat this? Two simultaneous prohibitions, how does Rebbi Yose treat this?

MISHNAH: He who steals the chalice, or who curses by charms, or who copulates with a Gentile woman, one strikes him. If a priest officiated while impure, his brother priests do not bring him to court but the young priests take him outside the courtyard and smash his brain with bats. A non-priest who officiated in the Temple: Rebbi Aqiba said, by strangulation, but the Sages say, by the hands of Heaven.

Rebbi Simeon says, burning is worse than stoning, but the rabbis teach that stoning is worse than burning. Rebbi Simeon says, strangulation is worse than decapitation; but the rabbis teach that decapitation is worse than strangulation.

Rebbi Simeon says, burning is worse than stoning, but the rabbis teach that stoning is worse than burning. Rebbi Simeon says, strangulation is worse than decapitation; but the rabbis teach that decapitation is worse than strangulation.

Similarly by burning, she and they by burning. Similarly by stoning, she and they by stoning. Similarly by strangulation, she and they by strangulation.

Similarly by burning, she and they by burning. Similarly by stoning, she and they by stoning. Similarly by strangulation, she and they by strangulation.

According to Rabbi Shimon who says strangulation is more severe than decapitation [in the realm of punishment]. So, for the unwitting sin [in which, if he committed it intentionally, he would be punished with] beheading, he is given atonement [through exile]. But, an unwitting sin [which, if were done intentionally, would be punished with] strangulation, is not given atonement [through exile].

According to Rabbi Shimon who says strangulation is more severe than decapitation [in the realm of punishment]. So, for the unwitting sin [in which, if he committed it intentionally, he would be punished with] beheading, he is given atonement [through exile]. But, an unwitting sin [which, if were done intentionally, would be punished with] strangulation, is not given atonement [through exile].

For the Rabbis who say beheading is more severe than strangulation: one who inadvertently kills his father, this is inadvertent sin [that would be punished, if done intentionally, with] beheading, so such an inadvertent sin would be given atonement [through exile—so this is the opinion of our Mishnah].