- Machlokes about concern for immoral thoughts re: stoning and sotah
The Mishnah states that near the בית הסקילה, the condemned person’s clothing is removed. Rebbe Yehudah says that a man’s private area is covered in front, and a woman is covered in front and back. The Chochomim say that a woman is not unclothed when stoned. The Gemara asks: למימרא דרבנן חיישי להרהורא ורבי יהודה לא חייש להרהורא - Is this to say the Rabbonon are not concerned about causing immoral thoughts to onlookers, and Rebbe Yehudah is concerned? But they take the exact opposite positions regarding a sotah, where the Rabbonon say that her heart may be uncovered, and her hair unbraided, but Rebbe Yehudah holds that if she is beautiful, she cannot be uncovered!? Rabbah answers that Rebbe Yehudah’s concern is specifically about someone sinning later with the sotah, who might leave unharmed, but there is no concern of sinning with a woman being executed (and one would not be aroused towards other women). The Rabbonon hold that although the sotah is uncovered to fulfill ונוסרו כל הנשים – “And all the women will be chastised,” regarding stoning, אין לך ייסור גדול מזה – there is no greater chastisement than this. Although both could be done, the Rabbonon hold: בזיוני דאיניש עדיפא ליה טפי מניחא דגופיה – personal disgrace is more significant to her than physical comfort (of dying more quickly with less covering), and Rebbe Yehudah holds she prefers to be uncovered.
- The procedure for stoning (ברור לו מיתה יפה)
The next Mishnah describes the process of סקילה. The stoning grounds are at an elevation of two heights of a man. One of the עדים pushes him on his hips, and if he falls on his chest, he is turned onto his hips. If he dies from the fall, this is sufficient. If not, the other עד takes the large stone and puts it onto his chest. If he still does not die, רגימתו בכל ישראל – his stoning is performed by all of Yisroel. A Baraisa notes that, accounting for the person’s standing height, the total is three times a man’s height. The Gemara wonders why this height is necessary, because a Mishnah teaches that a pit with a depth of merely ten tefachim is enough to kill a person!? Rav Nachman answers in Rabbah bar Avuha’s name that the passuk says: ואהבת לרעך כמוך – you shall love your fellow like yourself, implying: ברור לו מיתה יפה – choose for him a favorable death, i.e., the conditions of the execution should ensure a less painful death. We do not raise the elevation even higher (for an even quicker death), משום דמינול – because [his body] would become mutilated.
- נקטעה יד העדים (בעינן קרא כדכתיב)
Shmuel said: נקטעה יד העדים פטור – if the witnesses’ hands became severed before the stoning, he is exempt from the execution, because the passuk requires "יד העדים תהיה בו בראשונה" – the hand of the witnesses shall be first against him (to kill him), and this is now lacking. The Gemara asks that this should apply equally if the witnesses had no hands from before and explains that "יד העדים" refers to whatever “hands” they had before. The Gemara asks: ומי בעינן קרא כדכתיב – do we actually require fulfilling a passuk exactly as it is written? But a Baraisa teaches that if a murderer cannot be executed in the prescribed manner (beheading), שאתה ממיתו בכל מיתה שאתה יכול להמיתו – that you can kill him in any manner with which you can kill him (e.g., shooting him with an arrow if he is fleeing)!? The Gemara answers that this is an exception, as is גואל הדם (that if a victim has not relative, Beis Din appoints a גואל הדם – avenger). The Gemara concludes that Shmuel’s principle is a machlokes Tannaim (regarding a מצורע lacking a right thumb, big toe, or ear).