The commandment on the court (beit din) to kill with strangulation one who is liable: That we have been commanded to kill the transgressors of some of the commandments of the Torah with strangulation, as it is stated (Exodus 21:12), “He who strikes a man and [that man] dies shall surely be put to death.” And this one of “He who strikes a man” is one of the ones whose death penalty is with strangulation. Since it is written about it, “[he] shall surely die” — and in the explanation, they, may their memory be blessed, said (Sanhedrin 52b), “Any death penalty stated in the Torah undifferentiated is only strangulation.” We have learned that those that are liable for the death penalty do not have repayment, as it is stated (Exodus 21:11–12), “there is no money. He who strikes a man and [that man] dies, etc.” — Mekhilta.
The root of this commandment is revealed to all, as “by justice a king sustains the land.” As were it not for the fear of judgment, people would kill one another. Therefore, God, blessed be He, commanded us to kill the murderer. And in His wisdom, blessed be He, He saw that it is fitting to punish him with the death penalty of strangulation. And the matter is beautiful, also according to our [understanding], since “as he has done, so shall it be done to him” — since the intention of the killer was to kill the murdered quickly, as from [the killer’s] fear of him, he will quicken his death with all of his might. And so too was the Torah lenient with his judgment to kill him with strangulation, which is a quick death penalty; and not with stoning and burning, which are with great pain. (In the other editions, it is written, “The truth is that the death penalty of the murderer is with the sword, [whereas] he who hits his father and mother has a death penalty of strangulation.”) However, with the statutes of licentiousness, in which the transgressors derived pleasure from the sin and the pleasure continued a bit, they sometimes get burning and sometimes stoning.
How are the laws of this commandment [performed]? For example, that which they, may their memory be blessed, said (Mishnah Sanhedrin 7:3) that we place the guilty one in manure up to his knees and tie a hard handkerchief onto his neck, one pulls towards himself and [the other] one pulls towards himself until his soul departs; [this] and the rest of its details are elucidated in the seventh chapter of Sanhedrin 52. (See Mishneh Torah, Laws of Murderer and the Preservation of Life 1.)
And this commandment is only practiced in the Land [of Israel], since we only judge capital cases in the Land. And whoever has [it] in his hand to make a judgment and does not do so, has negated this positive commandment. And his punishment is great — “as were it not for the fear of [judgment], man would swallow his fellow alive.” And Ramban, may his memory be blessed (on Sefer HaMitzvot, Shorashim 14) does not count this commandment in his calculation. And so [too] does he not count any of the four death penalties of the court — which are stoning, burning, killing (decapitation) and strangulation — that Rambam, may his memory be blessed, counted as four commandments. And [Ramban] said that through the verse of “and you shall destroy the evil from within you” (Deuteronomy 17:7), the Torah commanded more generally that we destroy those that do evil from among us; and within it are included all of the laws. And when Scripture specifies the laws according to their punishments afterwards, it is not considered a [separate] commandment, as it is only an elucidation of the topic. And “the sage will choose for himself that which is straight in his eyes.”
מִצְוַת בֵּית דִּין לַהֲרֹג בְּחֶנֶק הַמְּחֻיָּב – שֶׁנִּצְטַוִּינוּ לְהָמִית הָעוֹבְרִים עַל קְצָת מִצְוֹת שֶׁבַּתּוֹרָה בְּחֶנֶק, שֶׁנֶּאֱמַר (שמות כא יב) מַכֵּה אִישׁ וָמֵת מוֹת יוּמָת. וְזוֹ שֶׁל מַכֵּה אִישׁ אַחַת מֵהֶן שֶׁמִּיתָתוֹ בְּחֶנֶק, שֶׁהֲרֵי כָּתוּב בּוֹ מוֹת יוּמָת, וּבְפֵרוּשׁ אָמְרוּ ז"ל (סנהדרין נב ב) כָּל מִיתָה הָאֲמוּרָה בְּתוֹרָה סְתָם אֵינָהּ אֶלָּא חֶנֶק. לָמַדְנוּ לְחַיָּבֵי מִיתוֹת שֶׁאֵינָן בְּתַשְׁלוּמִין, שֶׁנֶּאֱמַר (שם יא) אֵין כָּסֶף מַכֵּה אִישׁ וָמֵת וְגוֹ' מְכִילְתָּא.
The commandment on the court (beit din) to kill with strangulation one who is liable: That we have been commanded to kill the transgressors of some of the commandments of the Torah with strangulation, as it is stated (Exodus 21:12), “He who strikes a man and [that man] dies shall surely be put to death.” And this one of “He who strikes a man” is one of the ones whose death penalty is with strangulation. Since it is written about it, “[he] shall surely die” — and in the explanation, they, may their memory be blessed, said (Sanhedrin 52b), “Any death penalty stated in the Torah undifferentiated is only strangulation.” We have learned that those that are liable for the death penalty do not have repayment, as it is stated (Exodus 21:11–12), “there is no money. He who strikes a man and [that man] dies, etc.” — Mekhilta.
שֹׁרֶשׁ מִצְוָה זוֹ נִגְלֶה לַכֹּל, כִּי (משלי כט ד) מֶלֶךְ בְּמִשְׁפָּט יַעֲמִיד אָרֶץ, שֶׁאִלּוּלֵי יִרְאַת הַמִּשְׁפָּט יַהַרְגוּ בְּנֵי אָדָם זֶה אֶת זֶה, עַל כֵּן צִוָּנוּ הָאֵל בָּרוּךְ הוּא לְהָמִית הָרוֹצֵחַ, וּבְחָכְמָתוֹ בָּרוּךְ הוּא רָאָה שֶׁרָאוּי לַעֲנֹשׁ אוֹתוֹ בְּמִיתַת חֶנֶק. וְהַדָּבָר נָאוֹת גַּם לְדַעְתֵּנוּ כִּי (ויקרא כד יט) כַּאֲשֶׁר עָשָׂה כֵּן יֵעָשֶׂה לּוֹ, וְהָרוֹצֵחַ כַּוָּנָתוֹ לְהָמִית הַנִּרְצָח בִּמְהֵרָה כִּי מִפַּחְדּוֹ אֵלָיו יְמַהֵר מִיתָתוֹ בְּכָל כֹּחוֹ, וּכְמוֹ כֵן הֵקֵלָּה הַתּוֹרָה בְּמִשְׁפָּטוֹ לַהֲמִיתוֹ בְּחֶנֶק (בשאר הדפוסים כתוב הָאֱמֶת כִּי הָרוֹצֵחַ מִיתָתוֹ בְּסַיִף וּמַכֶּה אָבִיו וְאִמּוֹ מִיתָתוֹ בְּחֶנֶק) שֶׁהִיא מִיתָה מְמַהֶרֶת, וְלֹא בִּשְׂרֵפָה וּסְקִילָה שֶׁהֵן בְּצַעַר רַב. וְאוּלָם בְּמִשְׁפְּטֵי הַזִּמָּה שֶׁנֶּהֱנוּ הָעוֹבְרִים בָּעֲבֵרָה וְנִמְשְׁכָה הֲנָאָתָן קְצָת, תָּבֹא בָּהֶן פְּעָמִים שְׂרֵפָה, פְּעָמִים סְקִילָה.
The root of this commandment is revealed to all, as “by justice a king sustains the land.” As were it not for the fear of judgment, people would kill one another. Therefore, God, blessed be He, commanded us to kill the murderer. And in His wisdom, blessed be He, He saw that it is fitting to punish him with the death penalty of strangulation. And the matter is beautiful, also according to our [understanding], since “as he has done, so shall it be done to him” — since the intention of the killer was to kill the murdered quickly, as from [the killer’s] fear of him, he will quicken his death with all of his might. And so too was the Torah lenient with his judgment to kill him with strangulation, which is a quick death penalty; and not with stoning and burning, which are with great pain. (In the other editions, it is written, “The truth is that the death penalty of the murderer is with the sword, [whereas] he who hits his father and mother has a death penalty of strangulation.”) However, with the statutes of licentiousness, in which the transgressors derived pleasure from the sin and the pleasure continued a bit, they sometimes get burning and sometimes stoning.
דִּינֵי הַמִּצְוָה כֵּיצַד, כְּגוֹן מַה שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (סנהדרין פ"ז מ"ג) שֶׁמַּשְׁקִיעִין אֶת הַמְּחֻיָּב בְּזֶבֶל עַד אַרְכֻּבּוֹתָיו וְכוֹרְכִין סוּדָר קָשֶׁה עַל צַוָּארוֹ, זֶה מוֹשֵׁךְ אֶצְלוֹ וְזֶה מוֹשֵׁךְ אֶצְלוֹ עַד שֶׁנַּפְשׁוֹ יוֹצְאָה, וּשְׁאָר פְּרָטֶיהָ מְבֹאָרִים בְּפֶרֶק שְׁבִיעִי מִסַּנְהֶדְרִין (נב ב) (הלכות רוצח פרק א).
How are the laws of this commandment [performed]? For example, that which they, may their memory be blessed, said (Mishnah Sanhedrin 7:3) that we place the guilty one in manure up to his knees and tie a hard handkerchief onto his neck, one pulls towards himself and [the other] one pulls towards himself until his soul departs; [this] and the rest of its details are elucidated in the seventh chapter of Sanhedrin 52. (See Mishneh Torah, Laws of Murderer and the Preservation of Life 1.)
וּמִצְוָה זוֹ אֵינָהּ נוֹהֶגֶת אֶלָּא בָּאָרֶץ, שֶׁאֵין דָּנִין דִּינֵי נְפָשׁוֹת אֶלָּא בָּאָרֶץ. וּמִי שֶׁבְּיָדוֹ לַעֲשׂוֹת דִּין וְאֵינוֹ עוֹשֶׂה, בִּטֵּל עֲשֵׂה זֶה, וְעָנְשׁוֹ גָּדוֹל שֶׁאִלְמָלֵא (אבות ג, ב) מוֹרָאַת הַדִּין אִישׁ אֶת רֵעֵהוּ חַיִּים בָּלָעוּ (עיין אבות פ"ג מ"ב). הָרַמְבַּ"ן ז"ל (סהמ"צ שורש יד) לֹא יִמְנֶה זֹאת הַמִּצְוָה בְּחֶשְׁבּוֹנוֹ, וְכֵן כָּל אַרְבַּע מִיתוֹת שֶׁל בֵּית דִּין, שֶׁהֵן סְקִילָה שְׂרֵפָה הֶרֶג וָחֶנֶק, שֶׁיִּמְנֶה הָרַמְבַּ"ם ז"ל לְאַרְבַּע מִצְוֹת, לֹא יִמְנֶה הוּא אוֹתָן, וְאָמַר כִּי בַּפָּסוּק שֶׁל (דברים יז ז) וּבִעַרְתָּ הָרַע מִקִּרְבֶּךָ צִוְּתָה הַתּוֹרָה דֶּרֶךְ כְּלָל שֶׁנְּבַעֵר כָּל עוֹשֵׂי הָרָע מִבֵּינֵינוּ, וּבוֹ נִכְלְלוּ כָּל הַדִּינִין, וּכְשֶׁיְּפָרֵט הַכָּתוּב אַחַר כֵּן חִלּוּק הַמִּשְׁפָּטִים לְפִי הָעֳנָשִׁים אֵין זֶה נֶחְשָׁב לְמִצְוָה שֶׁאֵינוֹ כִּי אִם בֵּאוּר עִנְיָן, וְהֶחָכָם יָבֹר לוֹ הַיָּשָׁר בְּעֵינָיו (עפ"י אבות ב, א).
And this commandment is only practiced in the Land [of Israel], since we only judge capital cases in the Land. And whoever has [it] in his hand to make a judgment and does not do so, has negated this positive commandment. And his punishment is great — “as were it not for the fear of [judgment], man would swallow his fellow alive.” And Ramban, may his memory be blessed (on Sefer HaMitzvot, Shorashim 14) does not count this commandment in his calculation. And so [too] does he not count any of the four death penalties of the court — which are stoning, burning, killing (decapitation) and strangulation — that Rambam, may his memory be blessed, counted as four commandments. And [Ramban] said that through the verse of “and you shall destroy the evil from within you” (Deuteronomy 17:7), the Torah commanded more generally that we destroy those that do evil from among us; and within it are included all of the laws. And when Scripture specifies the laws according to their punishments afterwards, it is not considered a [separate] commandment, as it is only an elucidation of the topic. And “the sage will choose for himself that which is straight in his eyes.”