Wednesday, February 5, 2025

Why rank the four different methods of execution? TB Sanhedrin 50

The sages and Rabbi Shimon rank the four different methods of execution in a different order. The sages hold that stoning is the most severe followed by burning, decapitation, and strangulation in that order. Rabbi Shimon believes that burning is the most severe followed by stoning, decapitation, and earning in that order. We learn from TB Sanhedrin 50 that the punishment is really reflective of the sin. The sin is matched by the method of execution in order to effectuate atonement. The graver the sin the graver the punishment.

The ranking of the methods of execution has a practical difference between the two above opinions. When the court imposes a death penalty on a guilty person who was culpable for two different death penalties, the court chooses the more severe method of execution in order to effectuate atonement.

Rabbi Yoḥanan was wont to say the following baraita: A betrothed young woman who is the daughter of a priest and who committed adultery is executed by stoning. Rabbi Shimon says: She is executed by burning. A betrothed young woman who is the daughter of a non-priest and who engaged in intercourse with her father is executed by stoning. Rabbi Shimon says: By burning.

“The Gemara asks: What does this baraita teach us? The Gemara answers: It teaches us that according to the opinion of the Rabbis, the married daughter of a priest is singled out for burning, and not a betrothed one, who is executed by stoning. According to the opinion of Rabbi Shimon, the daughter of a priest, whether she is betrothed or married, is singled out for burning. And what is the reason for their respective opinions with regard to the punishment of the daughter of a priest? It is because according to the Rabbis stoning is more severe than burning, whereas according to Rabbi Shimon burning is more severe.

“In addition to the case of the priest’s daughter who committed adultery, there is a practical difference between these two opinions, which is that one who was sentenced to two different court-imposed death penalties for two sins he committed is punished with the more severe of the two, and these tanna’im disagree as to which type of death penalty is more severe.” (Sefari.org translation)

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