Difference between revisions of "Mishna Tractate Sanhedrin"

From Friends of the Sanhedrin
Jump to: navigation, search
(Created page with " == Mishna Tractate Sanhedrin == Translation Obtained with Permission from [Sefaria.org] '''Chapter 1''' 1 Monetary cases [are judged] by three [judges]. [Cases of] theft...")
 
 
(One intermediate revision by the same user not shown)
Line 1: Line 1:
 
 
== Mishna Tractate Sanhedrin ==
 
 
 
Translation Obtained with Permission from [Sefaria.org]
 
Translation Obtained with Permission from [Sefaria.org]
  

Latest revision as of 01:52, 31 January 2017

Translation Obtained with Permission from [Sefaria.org]

Chapter 1

1 Monetary cases [are judged] by three [judges]. [Cases of] theft and personal injury [are judged] by three [judges]. [Suits for] damages or half-damages, [crimes for which one would] pay double, or pay quadruple or quintuple, [are judged] by three [judges]. [Cases of] rape, seduction, and slander [are judged] by three [judges]- these are the words of Rabbi Meir. But the Sages say, [a case of] slander [is judged] by twenty-three [judges], because this is a capital case.

2 [Cases regarding transgressions punishable by] lashing, by three. In the name of Rabbi Yishmael it was said, by twenty-three. Intercalating the month by three; intercalating the year, by three, these are the words of Rabbi Meir. Rabbi Shimon ben Gamliel says, They begin with three, deliberate with five, and finish with seven. But if they finish with three, [the year] has been intercalated.

3 The laying of the hands by the elders, and the breaking of the neck of the calf [are performed] by three [judges], these are the words of Rabbi Shimon. But Rabbi Yehudah says, by five. Chalitzah (declination of levirate marriage) and mi'un (rejection of youth betrothal), by three. Fourth year produce or the second tithe with unknown value, by three. [Redemption of] dedications [for the Temple], by three. Valuations of chattel, by three. Rabbi Yehudah says: one [of the judges] must be a priest. [Redemption of] real estate, by nine and a priest. Similarly with [redemption of the value of] a man.

4 Capital cases, by twenty-three. Bestiality, by twenty-three, as it says (Leviticus 20:16) "and you shall kill the woman and the beast," and it says, (Leviticus 20:15) "and you shall kill the beast." An ox to be stoned, by twenty-three, as it is written (Exodus 21:29) "the ox shall be stoned and its owner shall also be put to death," as is the death of the owner, so is the death of the ox. The wolf and the lion, the bear and the tiger, the leopard and the snake, are put to death by twenty-three. Rabbi Eli'ezer says: Whoever is the first to kill [the animal] has performed a meritorious deed. Rabbi Akiva says: they are put to death by twenty-three.

5 They may not judge a tribe, or a false prophet, or a high priest, except by a court of seventy-one. They may not [declare] an optional war, except by a court of seventy-one. They may not add [annex] to the city [Jerusalem] or [Temple] Courtyards, except by a court of seventy-one. They may not make a Sanhedrin for [individual] tribes, except by a court of seventy-one. They may not proclaim a wayward city [a city whose inhabitants are mostly idolatrous Jews], except by a court of seventy-one. They may not make a wayward city on the border, nor may they [make] three wayward cities, only one or two.

6 The great Sanhedrin [Highest court, charged with deciding cases and appeals that had national significance. It was comprised of 71 scholars who had received the full traditional rabbinical ordination, and its decisions fixed Jewish practice for subsequent generations.][was comprised of] seventy-one [judges], and a small [Sanhedrin] twenty-three [judges]. From where [do we derive] that the great [Sanhedrin] [comprises] seventy-one [judges]? As it says, (Numbers 11:16) "gather for me seventy men from the elders of Israel," and Moses [set] over them, behold, [the number of judges adds to] seventy-one. Rabbi Yehudah says: seventy. And from where [do we derive] that a small [Sanhedrin] [comprises] twenty-three [judges]? As it says, (Numbers 35:24-25) "the assembly shall judge... the assembly shall deliver." The assembly judges and the assembly delivers- behold [the number of judges adds to] twenty. From where [do we derive] that the assembly is ten? As it says, (Numbers 14:27) "Until when shall I bear this wicked assembly." This excludes Joshua and Caleb. And from where [do we derive that we] add three more? This is implied by the [verse], as it says, (Exodus 23:2) "Do not follow the many to do evil." Should I learn to follow them to do good? If so, why does it say (Exodus 23:2) "Following the many to distort [justice]" - your following to do good is not like your following to do evil. Following to do good [i.e. acquittal] is by one, following to do evil [i.e. conviction] is by two. Since a court cannot [contain an] even [number of members], we add [to the number of judges] one more- behold this is twenty-three. And how many [inhabitants] must a city have before it may have a Sanhedrin? One hundred and twenty. Rabbi Nechemiah says, two hundred and thirty, [each judge] corresponding to a chief of a group of ten.


Chapter 2

1 The High Priest may judge and be judged [himself]; may testify and others may testify against him; may perform chalitzah [declination of levirate marriage] and others may perform chalitzah for his widow; and others may marry her through levirate marriage, but he may not marry another through levirate marriage, because he is forbidden to marry a widow. [When his relative] dies, he may not follow the bier; rather, when they are concealed [from his view] he may be present, and once they appear he must be concealed [from their view], and he may follow them [in this manner] until the opening [gates] of the city. These are the words of Rabbi Meir. Rabbi Yehudah says, he may not leave from the Temple, as it says, (Leviticus 21:12) "And from the Temple, he may not leave." When he comforts other [mourners], it is the custom that all the people pass by one after one, and the appointed [substitute High Priest] interposes himself between [the High Priest] and the people. When he is being comforted by others, all the people say to him, "We are your atonement," and he says to them, "From heaven shall you be blessed." And when he is fed in comfort, all the people sit on the ground, and he sits on the stool.

2 The king may not judge nor be judged himself; may not testify, nor may others testify against him; may not perform chalitzah, nor may others perform chalitzah for his wife; and may not marry through levirate marriage, nor may others marry his wife through levirate marriage. Rabbi Yehudah says, if he wishes to perform chalitzah or marry through Levirate marriage, he is remembered for good [i.e. it is meritorious]. [The Sages] said to him: We do not listen to [the king in this respect]. And none may marry his widow. Rabbi Yehudah says, a king may marry the widow of [another] king, for thus we find with respect to David, who married the widow of Saul, as it says (II Samuel 12:8), "And I gave you the house of your master, and the wives of your master in your bosom."

3 [When his relative] dies, he may not go out from the opening of his palace. Rabbi Yehudah says, if he wishes to go out to follow the bier, he may, for thus we find with respect to David, for David went out to follow the bier of Abner, as it says, (II Samuel 3:31), "And King David followed the bier." [The Sages] said to him: that matter was only done to appease the people. And when he is fed in comfort, all the people sit on the ground, and he sits on a couch.

4 [The King] may lead [the people] out to an optional war with the consent of the court of seventy-one. He can break through [private property] to build a road, and none may object. The king's road has no measure. And everything that the nation plunders, they place in front of him, and he takes the first portion. "He may not amass too many wives" (Deuteronomy 17:17), only eighteen. Rabbi Yehudah says, he may amass more, so long as they do not lead his heart astray. Rabbi Shimon says, even one who leads his heart astray he may not marry. If so, why does it say, (Deuteronomy 17:17) "He may not amass too many wives"? [This condition applies even if she is] like Abigail. "He may not amass too many horses" (Deuteronomy 17:16), only enough for his chariots. "And excessive silver and gold he may not amass" (Deuteronomy 17:17), only enough to pay his soldiers' wages. He must write a Torah scroll for himself. [When] he goes to war, he takes it out with him. [When] he enters, he brings it with him. [When] he sits in judgment, it is with him. [When] he sits [at a meal], it is opposite him, as it says, (Deuteronomy 17:16), "And it shall be with him, and he shall read therein all the days of his life."

5 No one may ride his horse; and no one may sit on his throne; and no one may use his scepter; and no one may look at him while his hair is being cut, nor while he is nude, nor while he is in the bathhouse, as it says, (Deuteronomy 17:16) "Set a king over yourself," [such that] his awe shall be over you.


Chapter 3

1 Monetary cases [are judged] by three [judges]. One [litigant] selects one and the other selects one, and both select the additional one, these are the words of Rabbi Meir. But the Sages say, the two judges choose the additional one. One [litigant] invalidates the judge of the other, and the other invalidates the judge of the one, these are the words of Rabbi Meir. But the Sages say, when [may one party invalidate the judge selected by the other]? Only when evidence is brought that they are related [to the litigant] or otherwise invalid [may they be invalidated], but if they are acceptable or expert, they cannot be invalidated. One [litigant] invalidates the witness of the other, and the other invalidates the witness of the one, these are the words of Rabbi Meir. But the Sages say, when [may one party invalidate the witness of the other]? Only when evidence is brought that they are related [to the litigant] or otherwise invalid [may they be invalidated], but if they are acceptable, they cannot be invalidated.

2 If one says to another: "My father is trustworthy to me," or, "Your father is trustworthy to me," or, "Three herdsmen are trustworthy to me," Rabbi Meir says he may retract his statement. But the Sages say he may not retract. If one [litigant] were obligated to take an oath to the [other litigant] and said to him, "Vow to me by the life of your head," Rabbi Meir says he may he may retract his statement. But the Sages say he may not retract.

3 These are invalid: dice-players, usurers, pigeon-flyers, and sellers of Sabbatical goods. Rabbi Shimon says, previously they were called gatherers of Sabbatical goods, but because of tax-collectors, they became known as sellers of Sabbatical goods. Rabbi Yehudah says, when [are these invalid]? When they have no other trade; but when they have another trade, they are acceptable.

4 And these are the relatives [disqualified from testifying or judging]: his father, his brother, his father's brother, his mother's brother, his sister's husband, his father's sister's husband, his mother's sister's husband, his step-father, his father-in-law, and his brother-in-law [his wife's sister's husband], these and their sons and sons-in-law; and his step-son alone. Rabbi Yose said, this is the teaching of Rabbi Akiva. But the original teaching [said]: his uncle, and the son of his uncle, all his potential heirs, and anyone related to him at that time. One who used to be related to him but is no longer- behold, he is acceptable. Rabbi Yehudah says, even if his daughter dies, and [his son-in-law] had children with her- behold, [the daughter's widowed husband] is a relation.

5 [These are also invalid]: the friend and the enemy. The friend, this is a groomsman. The enemy, this is anyone who has not spoken with [the litigant] for three days from hatred. [The Sages] said to him: Israel is not suspected of this.

6 How do they examine the witnesses? They would bring them in and instill fear in them. Then they would send every man outside, but keep the eldest among them and say to him: "Say how you know that the one owes the other." If he says, "He told me, 'I owe him,'" or, "So-and-so told me that he owes him" - this means nothing. Only if he says, "In front of us, he told him that he owes him two hundred zuz" [is his testimony meaningful]. After this, they would bring in the second [witness] and examine him. If they find that their words are aligned, [the judges] deliberate on the matter. [If] two say innocent and one says guilty, [the verdict is] innocent. Two say guilty and one says innocent, [the verdict is] guilty. One says innocent and one says guilty, or even if the two acquit or the two convict and one says he does not know, they add [more] judges.

7 When the matter is finished, they bring in [the litigants]. The greatest of the judges says, "So-and-so, you are innocent," or, "So-and-so, you are guilty." And from where [do we derive that] when one of the judges leaves he may not say, "I acquitted him and my fellows convicted him, but what was I to do, as my fellows were in the majority." Regarding this it is said, "Do not go about as a talebearer among your people," (Leviticus 19:16) and it says, "He who gossips reveals secrets." (Proverbs 11:13)

8 Each time [a litigant] brings evidence [anew], he overturns the [previous] verdict. [If] they said to him: "All evidence that you have, bring it here within thirty days." If he finds [evidence] within thirty days, it overturns [the previous verdict]. After thirty days, it does not overturn. Rabban Shimon ben Gamliel said, what could he have done, for he did not find [evidence] within thirty days, but [only] after thirty days! [If] they said to him, "Bring witnesses," and he says, "I have no witnesses"; [or] they say to him, "Bring evidence," and he says, "I have no evidence"; and after a time he brings evidence or finds witnesses, behold this means nothing. Rabban Shimon ben Gamliel said, what could he have done, for he did not know that he had witnesses and [only later] found witnesses, [or] he did not know that he had evidence and [only later] found evidence! [If] they said to him, "Bring witnesses" and he says, "I have no witnesses"; or [they say,] "Bring evidence," and he says, "I have no evidence"; and he sees that he will be convicted and says, "Come near so-and-so and so-and-so, and testify for me," or he found evidence from his wallet, behold this means nothing.


Chapter 4

1 Both monetary and capital cases have examination and inquiry, as it is written (Leviticus 24:22) "You shall have one justice." What is the difference between monetary cases and capital cases: monetary cases[are tried] with three [judges], and capital cases, with twenty-three. Monetary cases are opened either [with arguments] to acquit or to convict, and capital cases open [with arguments] to acquit but do not open [with arguments] to convict. Monetary cases are decided by one either to acquit or to convict; capital cases are decided by one to acquit or by two to convict. In monetary cases, [the verdict] can change between acquittal and conviction; in capital cases [the verdict] can change to acquittal but cannot change to conviction. In monetary cases, all can rule for acquittal or conviction; in capital cases, all can rule for acquittal but all cannot rule for conviction. In monetary cases, one who convicts can acquit and one who acquits can convict; in capital cases, one who convicts can acquit, but one who acquits cannot turn and convict. Monetary cases can be tried in the day and can finish in the night; capital cases are tried in the day and must finish in the day. Monetary cases finish on the same day for either acquittal or conviction; capital cases finish on the same day for acquittal and the next day for conviction, therefore there cannot be trials on Friday evening or the evening before a holiday.

2 Cases of impurity and purity begin from the greatest [judge], cases of life begin from [the judges on] the side. All are acceptable to judge in cases of money, but none are acceptable to judge in cases of life except for priests, Levites, and Israelites whose daughters can marry priests.

3 The Sanhedrin [highest court, charged with deciding cases and appeals that had national significance. It was comprised of 71 scholars who had received the full traditional rabbinical ordination, and its decisions fixed Jewish practice for subsequent generations.]was [organized like] half of a round granary, so that each (judge) could see each [judge]. Two court scribes stood before them, one on the right and one on the left, and they wrote the words of the acquitting [defense] and the words of the convicting [prosecution]. Rabbi Yehudah says, (there were) three, one wrote the words of the acquitting and one wrote the words of the convicting, and the third wrote the words of the acquitting and the words of the convicting.

4 And three rows of students sit before them, each one knows his [proper] place. [When] there was a need to appoint [a new judge], they appointed from the first [row]. One from the second [row] comes to the first, and one from the third [row] comes to the second, and they choose for them one more [student] from the community who is seated in the third [row]. He didn't sit in the place of the first [student], but rather he sits in the place seen for him.

5 How do we press the witnesses in a capital case? We bring them in [to the court's chambers] and press them: "Perhaps what you say [isn't eyewitness testimony] is but your own assessment, or from rumors, or your witnessing an actual witness testify, or your reporting what a trustworthy said. Or perhaps you were unaware that by the end we'd interrogate you, with examination and inquiry. Know that capital cases are not like monetary ones. In monetary cases, [a false witness] can return the money and achieve atonement. But in capital cases, the blood of [the victim [and all his future offspring hang upon you until the end of time. For thus we find in regard to Cain, who killed his brother, "The bloods of your brother scream out!" (Genesis 4:10) - the verse does not say blood of your brother, but bloods of your brother, because it was his blood and also the blood of his future offspring [screaming out]! [Another explanation of the verse: for his blood was splattered over the trees and rocks [there was more than one pool of blood]. [The judges' speech continues] "It was for this reason that man was first created as one person [Adam], to teach you that anyone who destroys a life is considered by Scripture to have destroyed an entire world; and anyone who saves a life is as if he saved an entire world." And also, to promote peace among the creations, that no man would say to his friend, "My ancestors are greater than yours." And also, so that heretics will not say, "there are many rulers up in Heaven." And also, to express the grandeur of The Holy One [blessed be He]: For a man strikes many coins from the same die, and all the coins are alike. But the King, the King of Kings, The Holy One [blessed be He] strikes every man from the die of the First Man, and yet no man is quite like his friend. Therefore, every person must say, “For my sake ‎the world was created.”‎ [The judges' speech continues:] "Maybe you [the witnesses] will now say, 'What do we need this, and all this anxiety for [let's not come forward even with true testimony]!' But Scripture has already spoken: "If he be a witness - having seen or known - if he does not express it, he shall bear his sin." (Lev. 5:1) Maybe you will now say, 'What do we need this, to be responsible for another man's death?' But Scripture has already spoken: "When the wicked are destroyed there is rejoicing." (Prov. 11:10)"


Chapter 5

1 They would examine [the witnesses] with seven inquiries: "In which week?", "In which year?", "In which month?", "On which day of the month?", "On which day [of the week]?", "At which hour?", and, "In which place?". Rabbi Yose says: "On which day?", "At which hour?", "In which place?", "Do you recognize him?", "Did you warn him?". For one who worships idols: Whom [i.e. which idol] did he worship?", "How did he worship it?".

2 The more one examines [the witnesses], the more he is praiseworthy. Once, Ben Zakkai examined regarding the stalks of figs. What is the difference between inquiries and examinations? [If in response to] inquiries one [witness] says, "I do not know," their testimony is nullified. [If in response to] examinations one [witness] says, "I do not know," and even if two say, "We do not know," their testimony stands. Both [with respect to] inquiries and examinations, when [the two witnesses' responses] contradict one another, their testimony is nullified.

3 [If] one [witness] says, "on the second of the month," and one says, "on the third of the month," their testimony stands, since one is aware of the intercalation of the month, and the other is unaware of the intercalation of the month. [If] one says, "on the third" and one says, "on the fifth," their testimony is nullified. [If] one says, "at the second hour," and one says, "at the third hour," their testimony stands. [If] one says, "at the third hour" and one says, "at the fifth hour," their testimony is nullified. Rabbi Yehudah says, it stands. One says, "at the fifth hour" and one says, "at the seventh hour," their testimony is nullified, since at the fifth [hour], the sun is in the east; whereas at the seventh [hour], the sun is in the west.

4 After, they bring in the second [witness] and examine him. If it is found that their words are aligned, they open with [arguments for] acquittal. If one of the witnesses says, "I have something to say on acquittal," or one of the students says, "I have something to say on conviction," they silence him. If one of the students says, "I have something to say on acquittal," they raise him up and seat him among them; and he would not descend from there the whole day. If his words have substance, they listen to him. And even if [the accused] says, "I have something to say on my own acquittal," they listen to him, but only if his words have substance.

5 If they found him innocent, they dismiss him. If not, they move his judgment to the next day. They would go together, pair by pair; and they would decrease [the amount of] food [they would eat]; and they would drink no wine all day; and they would deliberate all night; and on the morrow, early, they would rise and come to the court. The [judge arguing] to acquit says, "I [argued to] acquit and my [opinion remains] in place"; and the [judge arguing] to convict says, "I [argued to] convict and my [opinion remains] in place." One who has offered an argument to convict may [subsequently] offer an argument to acquit, but one who has offered an argument to acquit may not retract [and subsequently] offer an argument to convict. If they had erred, the two judicial scribes remind them. If they found him innocent, they dismiss him. If not, they stand to vote. [If] twelve acquit and eleven convict, he is acquitted. If twelve convict and eleven acquit; and even if eleven acquit, eleven convict, and one says, "I do not know"; or even if twenty-two acquit or convict and one says "I do not know," they add [more] judges. How many do they add? [They add judges] two at a time until there are seventy-one. [If] thirty-six acquit and thirty-five convict, he is acquitted. [If] thirty-six convict and thirty-five acquit, the judges argue one against another until one [judge] from those who voted to convict is convinced by the words of those who voted to acquit.


Chapter 6

1 Once the verdict is reached, they bring him out to stone him. The stoning area was outside the courthouse, as it says, (Leviticus 24:14) "Bring out he who has cursed." One would stand before the entrance to the courthouse, his scarf in his hand; and another would ride on a horse before them at a distance, in order to see him. [If] one says, "I have an argument for acquittal," then he waves the scarf, and the horse runs to stop him. And even if [the accused] says, "I have an argument for my [own] acquittal," then he is returned; and this may happen even four or five times, so long as there is substance to his words. If he is acquitted, he is dismissed; and if not, he is brought out to be stoned. And an announcer comes out before him and announces, "So-and-so son of so-and-so is being brought out to be stoned for having committed such-and-such transgression, and so-and-so and so-and-so are his witnesses. Anyone who has any knowledge as to his innocence should come and argue for him."

2 [Once the accused] was about ten cubit from the stoning area, they say to him, "Confess," for such is the way of those sentenced to death to confess, for all who confess have a share in the World to Come. For thus we find with respect to Achan, to whom Joshua said, (Joshua 7:19) "'My son, give, I pray thee, glory to the LORD, the God of Israel, and make confession unto Him.'... And Achan answered Joshua, and said: 'Of a truth I have sinned against the LORD, the God of Israel.'" And from where [do we know] that his confession atoned for him? As it says, (Joshua 7:25), "And Joshua said: 'Why hast thou troubled us? the Lord shall trouble thee this day,'" today you are troubled, but you are not troubled in the World to Come. And if he does not know how to confess, they say to him: "Say, 'May my death serve as an atonement for all my iniquities.'" Rabbi Yehudah says, if he knows he was [convicted by] false testimony, he says, "May my death serve as an atonement for all my iniquities, excepting this iniquity." [The Sages] said to him, if so, all [sentenced to death] will say this in order to cleanse themselves [i.e. clear their name].

3 [Once] he was four cubits from the stoning area, they remove his clothing. [If it is] a man, his front is covered; [if it is] a woman, her front and her back are covered, according to Rabbi Yehudah. But the Sages say, a man is stoned naked, but a woman is not stoned naked.

4 The stoning area's height was that of two men. One of the witnesses pushes him on his loins. If he is turned on his heart, they turn him [over,] on his loins. If he dies from this, [the court] has discharged [its obligation]. If not, the second [witness] picks up the stone and puts it on his heart. If he dies from this, [the court] has discharged [its obligation]. If not, he is pelted with stones by all of Israel, as it says, (Deuteronomy 17:7) "The hand of the witnesses shall be first upon him to put him to death, and afterward the hand of all the people." All who are stoned are hanged, according to Rabbi Eliezer. But the Sages say, the only [offenders] who are hanged are the blasphemer and the idolator. A man is hanged with his face toward the people, and a woman with her face toward the gallows, according to Rabbi Eliezer. But the Sages say, a man is hanged, but a woman is not hanged. Rabbi Eliezer said to them, Did Shimon ben Shetach not hang women in Ashkelon? They said to him, he hanged eighty women, and we do not [even] judge two [capital cases] in one day! How do they hang him? They sink the beam into the ground, and [a piece of] wood protrudes from it, and one places his hands together, and hangs him. Rabbi Yose says, the beam leans on a wall, and they hang him the way that butchers do. And then they undo him [from the gallows] immediately. If he stayed there overnight, [the court] violates a negative commandment on his account, as it says, (Deuteronomy 21:23), "His body shall not remain all night upon the tree, but thou shalt surely bury him the same day; for he that is hanged is a reproach unto God...." That is to say: why has he been hanged? Because he 'blessed' [i.e. cursed] God, and God's name has become desecrated.

5 Said Rabbi Meir, when a human being is in distress, what expression does the Divine Presence use, as it were? "My head is in pain, My arm is in pain." If so, the Omnipresent feels distress over the blood of the wicked that is spilled; how much more so [does He] over the blood of the righteous. And furthermore, anyone who leaves a dead body hanging overnight transgresses a negative commandment. But if one leaves a body hanging overnight for the sake of its honor, to bring it a coffin or shroud, he does not transgress [a negative commandment]. And such a body [i.e. that of one stoned to death] would not be buried in the grave of his ancestors. Rather, two grave-sites were set for the courthouse, one for those put to death by decapitation and strangulation, and one for those put to death by stoning and burning.

6 When the flesh decomposed, they collect the bones and bury them in their proper place. And the relatives come and greet the judges and the witnesses, as if to say, we hold nothing against you, since [we know that] your verdict was just. And they would not [observe rituals of] mourn[ing], but they would grieve, since grief is only in the heart.


Chapter 7

1 Four [forms] of capital punishment were given over to the courts: stoning, burning, decapitation, and strangulation. Rabbi Shimon says, burning, stoning, strangulation, and decapitation. This is the law [i.e. procedure] concerning those to be stoned.

2 The law [i.e. procedure] concerning those to be burned [is as follows]: They would set him into manure up to his knees, and put a stiff scarf inside a soft one, and wrap it around his neck. One would pull [one end] towards him and one would pull [the other end] towards him, until he [who was being executed] opened his mouth. Then [one] would light a wick and throw it into his mouth, and it would descend into his bowels and burn his entrails. Rabbi Yehudah says, if he died by their hands [e.g. were he strangled by the cloth], they would not have fulfilled the commandment of [execution by] burning; rather [the procedure should be carried out as follows]: they open his mouth with pincers by force, and light the wick, and throw it into his mouth, and it would descend into his bowels and burn his entrails. Rabbi Eliezer ben Tzadok said, there was once a priest's daughter who committed adultery; they placed bundles of branches around her and burned her. The [Sages] said to him, [this happened] because the court at that time was not expert.

3 The law [i.e. procedure] concerning those to be decapitated [is as follows]: they would cut off his head with a sword as the government does. Rabbi Yehudah says, this is disgraceful; rather [the procedure should be carried out as follows]: they rest his head on a block and cut it with a hatchet. The [Sages] said to him, there is no death more disgraceful than that. The law [i.e. procedure] concerning those to be strangled [is as follows]: They would set him into manure up to his knees, and put a stiff scarf inside a soft one, and wrap it around his neck. One would pull [one end] towards him and one would pull [the other end] towards him, until his soul departed.

4 These are [executed by] stoning: [a male] who sleeps with his mother, with the wife of his father, with his daughter-in-law, with a male, [or] with an animal; a woman who causes an animal to sleep with her; the blasphemer; the idolater; one who gives of his children to Molekh [a particular form of idolatry], the ba'al 'ov [necromancer] and yid'oni [soothsayer]; one who desecrates the Sabbath; one who curses his father or mother; one who sleeps with a betrothed maiden; the mesit [one who entices an individual to commit idolatry]; the mediach [one who entices a city to commit idolatry]; the sorcerer; and the wayward and rebellious son. One who sleeps with his mother - [he] is liable [for violating two prohibitions, for the prohibition of sleeping with his] mother and for [the prohibition of sleeping with] his father's wife. Rabbi Yehudah says, he is only liable for [sleeping with] his mother. One who sleeps with his father's wife- [he] is liable for his father's wife and for a married woman, whether [the act occurs] in his father's lifetime or after his father's death, whether [she is his father's wife] through betrothal or through completed marriage. One who sleeps with his daughter-in-law- [he] is liable for his daughter-in-law and for a married woman, whether in his sons's lifetime or after his son's death, whether [she is his son's wife] through betrothal or through completed marriage. One who sleeps with a male or with an animal, or a woman who causes an animal to sleep with her- [even] if a person has sinned, how has the animal sinned [such that it also receives execution by stoning]? Rather, since [the animal] caused a person to commit an offense, Scripture therefore said, [the animal] should be stoned. Another explanation: [the animal is stoned] so that the animal not be passing through the market-place and [lead people to] say, "This is the one that caused so-and-so to be stoned."

5 The blasphemer - [he] is not liable until he [explicitly] utters the name [of God]. Rabbi Yehoshua ben Korchah said, every day the witnesses testify using a substitute name [in place of the actual Divine Name uttered by the blasphemer]: "May Yossi smite Yossi." Once the verdict has been reached, they would not execute [the defendant] [on the basis of testimony] using a substitute name. Rather, [the judges] send everyone outside, and inquire of the greatest [witness] among them, saying to him: "State explicitly what you heard," and he states [the blasphemy verbatim]. And the judges stand upon their feet and render [their clothing]. And they may not [ever] mend [the rendered clothing]. And the second [witness] says, "I also [heard] like him," and the third [witness] says, "I also [heard] like him."

6 The idolator - [this includes the following:] one who worships, sacrifices, offers incense, pours libations, bows, accepts it as a god, and one who says to it, "You are my god." But one who embraces, kisses, sweeps, sprinkles, washes, anoints, dresses, or puts shoes on it, [merely] transgresses a negative commandment [that does not warrant capital punishment]. One who takes a vow in its name or takes an oath in its name [merely] transgresses a negative commandment [that does not warrant capital punishment]. One who relieves himself to Ba'al Be'or [is liable, for] such is its worship. One who throws a stone at Merkulis [is liable, for] such is its worship.

7 One who gives of his children to Molekh - he is not liable until he gives over [the child] to Molekh and passes [the child] through the fire. [If he] gave over [the child] to Molekh, but did not pass [the child] through the fire; [or he] passed [the child] through the fire, but did not give [the child] over to Molekh, the man is not liable; [for he is not liable] until he gives over [the child] and passes [the child] through the fire. A ba'al 'ov- this is the magician who [causes the dead] to speak from his armpit; a yid'oni- this is the one who [causes the dead] to speak through his own mouth. These are executed by stoning, and one who consults them is [merely liable for] a negative commandment [that does not warrant capital punishment].

8 One who desecrates the Sabbath- through an act for which a wanton violation renders him liable to spiritual excision, and a violation in error obligates him [to sacrifice] a sin-offering. One who curses his mother or father- he is not liable unless he curses them using the name [of God]. If he curses them using a substitute name, Rabbi Meir [maintains he is] liable, but the Sages exempt him.

9 One who sleeps with a betrothed maiden- he is not liable unless she is a maiden, a virgin, betrothed, and in her father's household. If two sleep with her, the first is [executed] by stoning, and the second is [executed] by strangulation.

10 The mesit - this is a layman who entices a layman, saying to him, "There is a deity in such-and-such place; it eats thus, it drinks thus, it does good thus, it does evil thus." [Regarding] all [transgressions that] incur capital punishment in the Torah, we do not conceal [witnesses to coax the defendant into transgressing], except for this one. If he said [i.e. enticed] to two, they are his witnesses, and they bring him to court and stone him. If he said to one, [the witness] says, "I have friends who are interested." If [the mesit] is cunning and cannot speak before them, they conceal witnesses behind the fence, and [the original witness] says to [the mesit], "Say [again] what you said to me in seclusion." [If] this one [the mesit] says it to him, [the witness] says, "How can we forsake our God in Heaven and go and worship wood and stone!" If [the mesit] retracts, all is good [i.e. he is not culpable]. [But] if he says, "This is our obligation and this is good for us," those standing behind the fence bring him to court and stone him. One who says [any of the following is liable as a mesit:], "I will serve"; "I will go and I will serve"; "we will go and we will serve"; "I will sacrifice"; "I will go and I will sacrifice"; "we will go and we will sacrifice"; "I will offer incense"; "I will go and I will offer incense"; "we will go and we will offer incense"; "I will pour libations"; "I will go and I will pour libations"; "we will go and we will pour libations," "I will bow"; "I will go and I will bow"; "we will go and we will bow." The mediach - this is one who says, "We will go and we will worship idols."

11 The sorcerer - if he does an act of sorcery, he is liable, but not one who [merely] tricks the eyes. Rabbi Akiva says in the name of Rabbi Yehoshua, two people harvesting cucumbers, one harvests and is liable, while the other harvests and is exempt. The one who [gathers the cucumbers through] an act of sorcery is liable, [while] the one who [gathers cucumbers in the natural manner and merely] tricks the eyes is exempt.


Chapter 8

1 A wayward and rebellious son- at what time can he become a wayward and rebellious son? From when he grows two hairs until the beard grows full. [This refers to] the lower beard, not the upper beard, [but this expression is used] since the Sages spoke in clean language. As it says, (Deuteronomy 21:18) "If a man have a son": "a son," and not a daughter; "a son," and not a man. A minor is exempt, for he has not entered the category of [those obligated in] the commandments.

2 From when is he liable [to be stoned]? When he eats a tarteimar of meat and drinks half a log [ measure of liquid] of Italian wine. Rabbi Yosi says, a maneh [equal to one hundred zuz] of meat and a log of wine. [If] he ate [it] in a mitzvah gathering; [if] he ate [it] in [celebration of] the intercalation of the month; [if] he ate [it] as ma'aser sheni [the second tithe, which must be eaten in Jerusalem] in Jerusalem; [if] he ate nevelot [an animal not properly slaughtered] or terefot [a mortally wounded animal] or creepy crawlies; [if he ate] tevel [untithed produce] or ma'aser rishon [the first tithe] from which terumah [the portion given to the priest] has not been taken; or ma'aser sheni or hekdesh that has not been redeemed; [if] he ate something [in fulfillment of] a commandment or something [in violation of] a transgression; [or if] he ate all foods but did not eat meat; [or] drank all drinks but did not drink wine, he does not become a wayward and rebellious son, until he eats meat and drinks wine. As it says, (Deuteronomy 21:20) "He is a glutton and a drunkard." And even though there is no proof to the matter [from a Scriptural verse], there is a reference to the matter, as it says, (Proverbs 23:20) "Be not among winebibbers, among gluttonous eaters of flesh."

3 If he stole from his father and ate in his father's domain; [if he stole] from others and ate in others' domain; [if he stole] from others and ate in his father's domain, he does not become a wayward and rebellious son, until he steals from his father and eats in others' domain. Rabbi Yosi bar Yehudah says, until he steals from his father and from his mother.

4 If his father wants [to bring the son to court] and his mother does not want, [or if] his father does not want and his mother does want, he does not become a wayward and rebellious son, until they both want. Rabbi Yehudah says, if the mother were not appropriate for the father, he does not become a wayward and rebellious son. If one of [the parents] had a hand cut off, or was lame, mute, blind, or deaf-mute, he does not become a wayward and rebellious son. As it says, (Deuteronomy 21:19) "Then shall his father and his mother lay hold on him," and not those whose hands have been cut off. "And bring him out," and not a lame person. (Deuteronomy 21:20) "And they shall say," and not mute people. "This our son," and not blind people. "He does not listen to our voice," and not deaf-mute people. They warn him in front of three and lash him. If he repeats his misdeeds, he is judged by a court of twenty-three. And he is not stoned until the original three [judges] are present, as it says (Deuteronomy 21:20), "This our son," he who was lashed before you. If he flees before the verdict has been reached and then his lower beard grows full, he is exempt. But if once the verdict was reached he fled, and then his lower beard grew full, he is [still] liable.

5 The wayward and rebellious son is judged on the basis of his end. He should die innocent and not liable, because the death of the wicked is beneficial to them and beneficial to the world; but for the righteous, it is bad for them and bad for the world. Wine and sleep: for the wicked they are a benefit to them and a benefit for the world; but for the righteous, they are bad for them and bad for the world. Being scattered: for the wicked it is a benefit to them and to the world; but for the righteous, it is bad for them and bad for the world. Being gathered: for the wicked it is bad for them and bad for the world; but for the righteous, it is beneficial to them and beneficial to the world. Quiet: for the wicked it is bad for them and bad for the world; but for the righteous, it is beneficial for them and beneficial to the world.

6 [A thief] who comes through a tunnel [into one's house] is judged on the basis of his end. If he came through a tunnel and broke a jug: if he has blood-guilt, he is liable; if he does not have blood-guilt, he is exempt.

7 These may be saved [from transgression] with their lives [i.e. by killing them]: one who pursues his fellow to kill him, and [one who pursues] a male or a betrothed maiden [to rape them]. But one who pursues an animal [to commit bestiality], and one who [intends] to desecrate the Sabbath, and one who [intends] to worship idols, one may not save them with their lives.


Chapter 9

1 And these are [executed by] burning: one who sleeps with with a woman and her daughter, and a priest's daughter who commits adultery. Included in the [prohibition] of "a woman and her daughter" are: his daughter, his daughter's daughter, his son's daughter, his wife's daughter, her daughter's daughter, his mother-in-law, the mother of his mother-in-law, and the mother of his father-in-law. And these are [executed by] decapitation: a murderer and the occupants of a wayward city [a city whose inhabitants are mostly idolatrous Jews]. A murderer who struck his neighbor with stone or iron, or held him down into water or into fire such that he is unable to ascend from there, and [the victim] dies—he is liable. [If he] pushed him into water or into fire such that he is able to ascend from there, and he dies—he is exempt. [If he] set a dog on him or he set a snake on him, he is exempt. [If he] caused the snake to bite him, Rabbi Yehudah maintains he is liable, and the Sages maintain he is exempt. One who strikes his fellow, whether with a stone or with his fist, and they evaluated that the victim will die, and [his condition] improved from what it was, then later it became more severe, and he dies—he is liable. Rabbi Nechemiah says, he is exempt, because there is a basis for the matter [i.e. the claim that his death did not result from the blow].

2 [If one] intended to kill an animal and killed a person; [or intended to kill] a non-Jew and killed a Jew; [or intended to kill] a fetus that was not viable and killed a viable fetus, he is exempt. [If he] intended to strike another on his loins, without enough [strength] to kill him [by striking] his loins, and the blow hit him on his heart with enough strength to kill him, and he died, he is exempt. [If he] intended to strike another on his heart, with enough strength to kill him on his heart, and the blow hit him on his loins, without enough strength to kill him on his loins, and he died, he is exempt. [If he] intended to strike an adult, without enough strength to kill an adult, and the blow landed on a minor, with enough strength to kill a minor, and he died, he is exempt. [If he] intended to strike a minor, with enough strength to kill a minor, and the blow landed on an adult, without enough strength to kill an adult, and he died, he is exempt. However, [if he] intended to strike another on his loins with enough strength to kill him on his loins, and the blow landed on his heart, and he died, he is liable. [Similarly, if he] intended to strike an adult, with enough strength to kill an adult, and the blow landed on a minor, and he died, he is liable. Rabbi Shimon says, even [if he] intended to kill this one, and he killed that one, he is exempt.

3 [If] a murderer became mixed into a [group of] other people, they are all exempt. Rabbi Yehudah says, they bring them into the dome [a jail]. [If] many people mix with one another, [all of whom] are liable for execution, they are [all] executed with the least severe [form of execution]. [If] those who are to be stoned become mixed up with those who are to be burned, Rabbi Shimon says, they are to be stoned, since burning is the more severe. And the Sages say, they are to be burned, since stoning is the more severe. Rabbi Shimon said to them, if burning were not the more severe, it would not be given [as punishment] to a priest's daughter who committed adultery! They said to him, if stoning were not the more severe, it would not be given to to the blasphemer and the idolator! [If] those to be decapitated become mixed with those to be strangled, Rabbi Shimon says, [they are to be executed] with a sword [i.e. decapitated]. And the Sages say, by strangulation.

4 One who is liable for two [forms of] execution is given the more severe. [If] he commits a transgression which incurs two death penalties, he is given given the more severe. Rabbi Yosi says, he is given [the one that accords with] the first obligation that comes upon him [i.e. he is given the form of execution warranted by the first transgression he committed].

5 One who is lashed [as punishment for a transgression] and then repeats [that transgression], the court puts him in the dome and feeds him barley until his stomach bursts. One who kills someone in the absence of witnesses, they put him in the dome and feed him sparing bread and scant water.

6 One who steals a kasvah [a vessel for use in the Temple]; one who curses [God] by enchantment; and one who sleeps with an Aramean woman—zealots may attack him. A priest who served while ritually impure, his fellow priests do not bring him to the court. Rather, the young priests take him outside the Temple courtyard, and split his skull with logs. A non-priest who served in the Temple: Rabbi Akiva says, [he is executed] by strangulation; and the Sages say, [his is executed] by Heaven's hands [and not by the court].


Chapter 10

1 All Jews have a share in the World to Come, as it says, (Isaiah 60:21), “Thy people are all righteous; they shall inherit the land for ever, the branch of my planting, the work of my hands, that I may be glorified.” These have no share in the World to Come: One who says that [the belief of] resurrection of the dead is not from the Torah, [one who says that] that the Torah is not from Heaven, and one who denigrates the Torah. Rabbi Akiva says: also one who reads outside books, and one who whispers [an incantation] over a wound, saying, (Exodus 15:26) “I will bring none of these diseases upon thee that I brought upon the Egyptians for I am the Lord that healeth thee.” Abba Shaul says, also one who utters the Divine Name as it is spelled.

2 Three kings and four commoners have no share in the World to Come. The three kings are: Jeroboam, Ahab, and Manasseh. Rabbi Yehudah says, Manasseh does have a share in the World to Come, as it says (II Chronicles 33:13), "And [Manasseh] prayed unto Him; and He was entreated of him, and heard his supplication, and brought him back to Jerusalem into his kingdom." [The Sages] said to him, to his kingdom He brought him back, but He did not bring him back to life in the World to Come. The four commoners are: Balaam, Doeg, Achitophel, and Gehazi.

3 The generation of the Flood has no share in the World to Come, nor will it stand in judgment, as it is says, (Genesis 6:3) "My spirit shall not abide [yadon] in man forever," neither judgment [din] not spirit. The generation of Division has no share in the World to Come, as it is says, (Genesis 11:8) "So the Lord scattered them abroad from thence upon the face of all the earth." "So the Lord scattered them," in this world; (Genesis 11:9) "and from thence did the Lord scatter them abroad" in the World to Come. The people of Sodom have no share in the World to Come, as it says, (Genesis 13:13) "Now the men of Sodom were wicked and sinners against the Lord exceedingly." "Wicked" in this world, "and sinners" in the World to Come. But they will stand in judgment. Rabbi Nechemiah says , neither will stand in judgment, as it says, (Psalms 1:5) "Therefore the wicked shall not stand in the judgment, Nor sinners in the congregation of the righteous." "Therefore the wicked shall not stand in judgment," this is the generation of the Flood; "nor sinners in the congregation of the righteous," this is the people of Sodom. [The Sages] said to him, they will not stand in the congregation of the righteous, but they will stand in the congregation of the wicked. The spies have no share in the World to Come, as it says, (Numbers 14:37) "Even those men that did bring up an evil report of the land, died by the plague before the Lord." "Died," in this world; "in the plague," in the World to Come. The generation of the wilderness has no share in the World to Come and will not stand in judgment, as it is written, (Numbers 14:35) "In this wilderness they shall be consumed, and there they shall die," according to Rabbi Akiva. Rabbi Eliezer says, about them [the verse] says, (Psalms 50:5) "Gather My saints together unto Me; Those that have made a covenant with Me by sacrifice." The congregation of Korah will not ascend in the future, as it says, (Numbers 16:33) "and the earth closed upon them," in this world; "and they perished from among the assembly," in the World to Come, according to Rabbi Akiva. Rabbi Eliezer says, about them [the verse] says, (I Samuel 2:6) "The Lord killeth, and maketh alive; He bringeth down to the grave, and bringeth up." The Ten Tribes will not return in the future, as it says, (Deuteronomy 29:27) "[God] will cast them into another land, as it is this day." Just as this day goes and does not return, so too, they will go and will not return, according to Rabbi Akiva. Rabbi Eliezer says, just as the day grows dark and [then] grows light; so too, the Ten Tribes, for whom it grew dark, in the future it will thus grow light for them.

4 The people of a wayward city have no share in the World to Come, as it says, (Deuteronomy 13:14) "Certain base fellows are gone out from the midst of thee, and have drawn away the inhabitants of their city." And they are not executed unless those leading them astray are from that city and are from that tribe; and unless the majority [of that city] is lead astray; and unless men led them astray. [If] women or minors led them astray; or they only led a minority [of the city] astray; or the ones leading them stray were from outside [the city]—[those led astray] are [considered as] individuals [who each committed idolatry], and [they consequently] require two witnesses and warnings for every one [for them to be liable for execution by the court]. This [law] is more severe with respect to individuals than to the many: individuals are [executed by] stoning, and therefore their property escapes [destruction], [whereas] the many are [executed] by the sword [i.e. by decapitation], and therefore their property is lost.

5 (Deuteronomy 13:16) "Thou shalt surely smite, etc." Donkey drivers and camel drivers that pass from place to place, they can save it. (Deuteronomy 13:16) "Destroying it utterly, and all that is therein, etc," from here they said: the property of the righteous inside [the city] is lost, [whereas the property of the righteous] outside [the city] escapes. [But] that of the wicked, whether inside or outside, is destroyed.

6 As it says, (Deuteronomy 13:17) "And thou shalt gather all the spoil of it into the midst of the broad place thereof"; If it does not have a broad place, we make a broad place. If its broad place were outside, we bring it inside. As it says, "And you shall burn with fire the city, and all the spoil thereof every whit, unto the Lord thy God." Its spoils, not the spoils of Heaven. From here they said: the hekdeshot [property consecrated to the Temple] within it must be redeemed; and the terumot [portions given to the priest] must be allowed to rot; ma'aser sheni [the second tithe, which must be eaten in Jerusalem] and Holy Scriptures should be buried. "Every whit [kalil], unto the Lord thy God": Rabbi Shimon says, said God, if you make judgment on a wayward city, I will consider it as if you offered a complete [kalil] burnt-offering before Me. "And it shall be a heap forever; it shall not be built again": you may not make [it even] gardens or orchards, according to Rabbi Yosi Hagalili. Rabbi Akiva says, "it shall not be built again": it may not be rebuilt to what it was, but it may be made into gardens and orchards. " (Deuteronomy 13:18) "And there shall cleave nought of the devoted thing to thy hand": So long as the wicked are in the world, burning anger is in the world. [Once] the wicked are destroyed from the world, burning anger is removed from the world.


Chapter 11

1 These are [executed by] strangulation: one who strikes his father or mother; one who kidnaps a Jew; a zaken mamre [an ordained scholar who instructs people to act against Jewish practice as determined and ratified by the full Sandherin sitting in its chambers in the Temple in Jerusalem] [who rebels] against [a ruling of] the court; a false prophet; one who prophesies in the name of an idol; an adulterer; and [witnesses] who scheme against a priest's daughter and the one who sleeps with her. One who strikes his father or mother—[he] is not liable unless he wounds them. This [law] is more severe with respect to one who curses [his parents] than to one who strikes [his parents]: one who curses after [their] death is liable, while one who strikes after [their] death is exempt. One who kidnaps a Jew—[he] is not liable until [the kidnapper] enters [the kidnapped] into his domain. Rabbi Yehudah says, until [the kidnapper] enters him into his domain and puts him to work [as a slave], as it says, (Deuteronomy 24:7) "and he deal with him as a slave, and sell him." One who kidnaps his [own] son, Rabbi Yishmael, the son of Rabbi Yochanan ben Beroka, maintains that he is liable; and the Sages maintain that he is exempt. One who kidnaps one who is half-slave and half-free, Rabbi Yehudah maintains that he is liable, and the Sages maintain that he is exempt.

2 A zaken mamre [who rebels] against [a ruling of] the court—as it is written, (Deuteronomy 17:8) "If there arise a matter too hard for thee in judgment, etc." There were three courts there, one sitting at the entrance of the Temple Mount, one sitting at the entrance of the Temple Courtyard, and one sitting at the Chamber of Hewn Stone. They come to the one at the entrance of the Temple Mount, and say, "Thus I have expounded and thus have my fellows expounded"; "Thus I have taught and thus have my fellows taught." If they heard [the teaching], they tell them. If not, they come to those at the entrance of the Temple Courtyard, and say, "Thus I have expounded and thus have my fellows expounded"; "Thus I have taught and thus have my fellows taught." If they heard [the teaching], they tell them. If not, they all come to The Great Court in the Chamber of Hewn Stone, from which Torah goes out to all of Israel, as it is says, (Deuteronomy 17:10) "from that place which the Lord shall choose." [If] he returned to his city and taught again the way he taught [previously], he is exempt. [But if] he ruled [for others] to act [in accordance with his deviant teaching], he is liable, as it says, (Deuteronomy 17:12) "and the man that doeth presumptuously": he is not liable until he rules [for others] to act [in accordance with his deviant teaching]. A student [of his] who rules [for others] to act [in accordance with his teacher's deviant teaching] is exempt; it results that his stringency [that his is not qualified to offer practical instruction] is his leniency [that he is exempt from punishment].

3 This [law] is more severe with respect to the words of the Sages than to the words of the Torah: One who says, there is no such thing as tefillin, in order to transgress the words of the Torah, is exempt. [But one who says] there are five compartments, [in tefillin] in order to add to the words of the Sages, is liable.

4 They do not execute him in his city's court or in the court at Yavneh; rather, they bring him up to the Great Court in Jerusalem, and they guard him until the festival, and they execute him on the festival, as it says, (Deuteronomy 17:13) "And all the people shall hear, and fear, and do no more presumptuously," according to Rabbi Akiva. Rabbi Yehudah says, they do not delay the judgment of this one; rather, they execute him immediately, and they write and send messengers to every place [with the following message]: "This man so-and-so son of that man so-and-so was liable to execution by the court.

5 A false prophet— [one who] prophesies regarding that which he did not hear and that which was not said to him, his death is by man [i.e. the court is empowered to execute him]. But one who suppresses his prophecy, and one who disregards the words of a prophet, and a prophet who transgressed his own words, his death is by Heaven [i.e. the court is not empowered to execute him], as it says, (Deuteronomy 18:19) "I will require it of him."

6 One who prophesies in the name of an idol— [this is] one who says "thus said the idol," even if he directed his instruction to render the impure impure and the pure pure. An adulterer—once she has entered the domain of her husband through the full marriage ceremony, even though she has not had relations [with her husband], [another] who has relations with her is [executed] by strangulation. [Witnesses] who scheme against a priest's daughter and the one who has relations with her—since all scheming [witnesses] receive the same form of execution [as that incurred by the prohibition which they have schemed to falsely accuse another of transgressing], except for [witnesses] who scheme against a priest's daughter and the one who has relations with her.