WHO IS STONED NAKED?
(Mishnah): When he is four Amos from Beis ha'Skilah (the place where people are stoned), they remove his garments;
R. Yehudah says, we cover a man's genitals in front, and we cover a woman in front and in back;
Chachamim say, only a man is stoned (virtually) naked, and not a woman.
(Gemara - Beraisa - R. Yehudah): A man is covered in one place in front, a woman is covered in two places, in front and in back, because her genitals are visible from both sides.
Chachamim say, a man is stoned naked, and not a woman.
Question: What is Chachamim's reason?
Answer - Question: What do we learn from "va'Yirgemu Oso"?
Suggestion: We stone "Oso" (a man), but not a woman.
Rejection: "V'Hotzeisa Es ha'Ish ha'Hu Oh Es ha'Ishah."
Answer: A man is stoned without his garment, but a woman is not.
R. Yehudah says, "Oso" - only he is stoned, and not his garment. The same applies to a woman.
Inference: Chachamim are concerned lest onlookers be aroused to lust if they see her naked, and R. Yehudah is not concerned.
Contradiction: Elsewhere, they hold just the contrary!
(Mishnah): The Kohen holds the garments of the Sotah. We are not concerned if they tear. He uncovers her heart, and unties the braids of her hair;
R. Yehudah says, if she was attractive in these areas he does not uncover or untie.
Answer - part 1 (Rabah): There, R. Yehudah is concerned lest she live, and young Kohanim will desire her. Here, she has already been sentenced to die.
Suggestion: Perhaps seeing her naked will arouse desire for other women!
Rejection: Rabah taught that we have a tradition, that the evil inclination desires only what a person saw.
Answer - part 2 (Rava): Chachamim always require the Kohen to expose a Sotah, to fulfill "v'Nivasru Kol ha'Nashim" (all the women will be chastised);
Seeing a person stoned is the greatest deterrent, even if he or she is clothed.
Question: Perhaps we should stone her naked for additional deterrent!
Answer #1 (Rav Nachman): "V'Ohavta l'Re'acha Kamocha" - choose a nice death for him.
Suggestion: Rav Nachman's law is like Chachamim, R. Yehudah argues with it.
Rejection (and Answer #2): Also R. Yehudah agrees with Rav Nachman's law;
R. Yehudah holds that a woman is more concerned for her disgrace, so she prefers to be stoned clothed. Chachamim say that she is more concerned for her pain, so she prefers to be stoned naked, so she will die faster.
HOW STONING IS DONE
(Mishnah): Beis ha'Skilah was twice a person's height. One of the witnesses would push him from his back;
If he fell face down, they would turn him on his side.
If he died from the fall, the Mitzvah was fulfilled. If not, the other witness takes a rock and drops it on his heart.
If he died from this, the Mitzvah was fulfilled. If not, everyone stones him - "Yad ha'Edim Tihyeh Bo va'Rishonah Lahamiso v'Yad Kol ha'Am ba'Acharonah"
(Gemara - Beraisa): Since he is pushed from a standing position, he falls three times his height.
Question: Is such a fall necessary to kill a person?!
Contradiction (Mishnah): A pit of 10 Tefachim (almost a meter) can kill. (Less than this, we do not attribute death to the fall).
Answer (Rav Nachman): "V'Ohavta l'Re'acha Kamocha" - choose a nice death for him. (A higher fall causes him to die quickly, with less pain.)
Question: If so, we should make it even higher, and he will die even sooner!
Answer: If so, his limbs would fall off. This would be disgraceful.
(Mishnah): One of the witnesses would push him...
(Beraisa) Question: What is the source to push him?
Answer: "Yaro" (he will be cast down).
Question: What is the source to stone him?
Question: What is the source that if he died from the fall, the Mitzvah was fulfilled?
Answer: "Sakol Yisakel Oh Yaro Yiyareh."
Question: (That verse discusses one who would ascend Har Sinai at the time of Matan Torah.) What is the source for all generations?
Answer: "Sakol Yisakel" (is the future tense).
(Mishnah): If not, the other witness takes a rock and puts it on his heart.
Question: The rock was too heavy for the other witness to take it by himself!
(Beraisa - R. Shimon ben Elazar): There was a rock, so heavy that two men were needed to lift it. He takes it and puts it on his heart. If he died from this, the Mitzvah was fulfilled.
Question: The same question applies to the Beraisa. How can one witness take a rock that requires two men to lift it?
Answer (to both questions): The first witness helps him to lift it. The second witness throws it himself, so it will go forcefully.
(Mishnah): If not, everyone stones him.
Question (Beraisa): A person never survived the first rock.
Answer: The Mishnah did not say that this sometimes happened. It just says that if this was necessary, it would be done.
(Beraisa - R. Shimon ben Elazar): There was a rock...(this implies that the same rock was always used).
Question (Beraisa): The following are buried with the executed person: the rock used to kill him, the wood he was hung from, the sword he was killed with, or the cloth he was choked with.
Answer: After burying it with him, a new stone was prepared.
Contradiction (Beraisa): They are not buried with him!
Answer (Rav Papa): They are buried in his area (within four Amos)..
IF WE CANNOT FULFILL EVERYTHING, DOES THE PARSHAH STILL APPLY?
(Shmuel): If the witnesses' hands were cut off, the defendant is not stoned.
Question: What is the reason?
Answer: Since we cannot fulfill "Yad ha'Edim Tihyeh Bo va'Rishonah", we do not stone.
Question: If so, witnesses without hands should be invalid from the beginning!
Answer: "Yad ha'Edim" refers to hands that they had from the beginning. Then, those hands must kill him.
Question (Mishnah): If two witnesses will say (anywhere) 'we testify that Reuven was sentenced to Misah in Beis Din Ploni. The witnesses were David and Meir,' we kill Reuven (even though David and Meir are not here to kill him)!
Answer (Shmuel): No, that is when David and Meir themselves testify now (that Reuven was sentenced due to their testimony in Beis Din Ploni. They themselves will kill him).
Question: Is it really true that if we cannot fulfill everything in the verse, the whole Parshah does not apply?!
Question: Perhaps "Mos Yumas ha'Makeh Rotze'ach Hu" teaches that we can give only the Misah that a murderer deserves;
What is the source to kill him any other way if we cannot give the proper Misah?
Answer: "Mos Yumas ha'Makeh" - the verb is doubled to teach this.
Answer: That is an exception. It was expounded from the verse.
Question: We should learn from it to other places (that even if we cannot fulfill everything in the verse, the Parshah still applies)!
Answer: Execution of a murderer, and Go'el ha'Dam (the relative of one who was killed. He may kill Ploni (who killed his relative) in any way. If Ploni killed b'Shogeg, he may be killed only outside his Ir Miklat, i.e. refuge city) are two verses teaching this principle (and we could have learned one of them from the other). In all such cases, the two verses do not teach about other laws.
Question: What is the verse of Go'el ha'Dam?
Answer (Beraisa): "Go'el ha'Dam Yamis Es ha'Rotze'ach" - it is a Mitzvah for him to kill the murderer.
Question: What is the source that if there is no Go'el ha'Dam, Beis Din appoints one (Rashi - to kill a Shogeg murderer outside his Ir Miklat; R. Chananel - anyone who finds him should kill him; Me'iri - to strive to bring a Mezid murderer to Beis Din)?
Answer: "B'Fig'o Vo" - in any case (someone should kill him).
Question (Mar Kashisha brei d'Rav Chisda): All should agree that if we cannot fulfill everything in the verse, the Parshah does not apply!
(Mishnah): A Ben Sorer u'Moreh (a son who steals from his parents to eat meat and drink wine) is not killed if one of his parents lacks hands, or is mute, lame, blind, or deaf:
"V'Sofsu Vo" - they must have hands;
"V'Hotzi'u Oso" - they cannot be lame;
"V'Omru" - they cannot be mute;
"Beneinu Zeh" - they cannot be blind;
"Einenu Shome'a b'Koleinu" - they cannot be deaf (they must be able to perceive that he did not accept their words).
Suggestion: These requirements are because (always) if we cannot fulfill everything in the verse, the Parshah does not apply!
Answer (Rav Ashi): No. Each of those is extra to teach that it is Me'akev.
Support (for Shmuel - Beraisa - R. Yishmael): If a city (in which most of the people served idolatry) does not have a street, it cannot become an Ir ha'Nidachas;
R. Akiva says, if it has no street, we build a street.
They argue only whether or not the street must be there from the beginning, but all agree that we must have a street (in which to gather everything)!
Conclusion: Tana'im argue about this principle.
(Mishnah): If a Metzora does not have a right thumb, big toe or ear (on which the blood of the Asham and oil must be put), he can never become Tahor;
R. Eliezer says, it suffices to put it in the place of the missing limb.
R. Shimon says, it suffices to put it on the left thumb, toe or ear.
WHO IS HANGED?
(Mishnah - R. Eliezer): Everyone who is stoned is hung;
Chachamim say, only a blasphemer or idolater is hung.
R. Eliezer says, we hang a man facing the people. We hang a woman facing the beam;
Chachamim say, we hang only men, but not women.
R. Eliezer: Shimon ben Shetach hung women in Ashkelon!
Chachamim: He hung 80 in one day, even though we do not judge two capital cases in one day (it was due to an urgent need. It was not according to Halachah).
(Gemara - Beraisa - R. Eliezer) Suggestion: Perhaps "v'Humas v'Salisa" teaches that everyone killed is hung!
Rejection: "Ki Kilelas Elokim Taluy" - just like a blasphemer is stoned, and we hang him, also we hang everyone who is stoned.
Chachamim say, just like a blasphemer is Kofer b'Ikar (brazenly defies Hash-m) and is hung, also anyone who is Kofer b'Ikar (i.e. an idolater).