(Devarim 21:22) "And if there be in a man a sin whose judgment is death, then he shall be put to death, and you shall hang him on a tree.": A man is hanged (i.e., suspended after death) and not a woman. R. Eliezer says: A woman, too, is hanged.
R. Eliezer said to them: Didn't Shimon b. Shetach hang women in Ashkelon? They answered; He hanged eighty women and (even though) two are not to be judged on one day, but "the times required it." (Here, too, [vis-à-vis hanging] the times required it.) [A man is stoned naked, but a woman is not stoned naked. R. Yehudah says: Both a man and a woman (are stoned naked.) But a man is hanged with his face towards the people and his back towards the tree; and a woman, with her face towards the tree and her back towards the people. A man is covered one section (his genitals) in front, and a woman, two sections — one in front and one behind, because she is all ervah (illicit nakedness).]
"and you shall hang him": I might think that all who are stoned are hanged (i.e., suspended thereafter); it is, therefore, written (Ibid. 21:23) "for (the penalty for) the cursing of G-d is hanging" (after stoning). After Scripture included (all capital offenses) and then excluded (i.e., limited it to the cursing of G-d [megadef]), we derive it (the exclusion) from megadef, viz.: Just as megadef is distinct in that it constitutes rebellion against G-d, and it is subject to hanging, so, all who rebel against G-d are hanged. R. Eliezer says: Just as megadef is distinct in that he is stoned, so, all who are stoned are hanged (afterwards). I might think that he is to be hanged while alive; it is, therefore, written "then he shall be put to death" (and, only afterwards, "and you shall hang him.").
"and you shall hang him": "him," without his garments (i.e., naked). "him," and not scheming witnesses against him (viz. Devarim 19:19). "him": We are hereby taught that two are not judged (for such an offense) on one day.
"and you shall hang him on eitz" [("eitz" can mean either wood or tree)]: "eitz" that is not rooted (i.e., wood), and not "eitz" that is rooted (i.e., a tree). — But perhaps it means "eitz" that is rooted! — It is, therefore, (to negate this) written (Ibid. 23) "but you shall bury it" — what lacks only burial, to exclude that (a rooted eitz), which lacks cutting and burial.
Whence is it derived that if one allows his dead one (i.e., one that he must bury) to remain overnight, he transgresses a negative commandment? From (Ibid.) "You shall not leave his body overnight on eitz." If he left it overnight for his honor, i.e., to bring a casket or shrouds, I might think he transgresses; it is, therefore, written "on the eitz" — Just as the eitz is demeaning to him, so, all that is demeaning to him (is forbidden, to exclude the above).
"You shall not leave his body overnight on the eitz" — a negative commandment. "but bury shall you bury it" — a positive commandment. What is to be done? We wait until it gets dark; then he is suspended from the eitz and then he is taken down. If not, he is in transgression of "You shall not leave his body overnight on the eitz."
A man is stoned naked, but a woman is not stoned naked. R. Yehudah says: Both a man and a woman (are stoned naked.) But a man is hanged with his face towards the people and his back towards the tree; and a woman, with her face towards the tree and her back towards the people. A man is covered one section (his genitals) in front, and a woman, two sections — one in front and one behind, because she is all ervah (illicit nakedness).
(דברים כא כב) וְכִי יִהְיֶה בְאִישׁ חֵטְא מִשְׁפַּט מָוֶת וְהוּמָת, הָאִישׁ נִתְלֶה, וְאֵין הָאִשָּׁה נִתְלֵית. רַבִּי אֱלִיעֶזֶר אוֹמֵר: אַף הָאִשָּׁה נִתְלֵית.
(Devarim 21:22) "And if there be in a man a sin whose judgment is death, then he shall be put to death, and you shall hang him on a tree.": A man is hanged (i.e., suspended after death) and not a woman. R. Eliezer says: A woman, too, is hanged.
אָמַר לָהֶם רַבִּי אֱלִיעֶזֶר: וַהֲלֹא שִׁמְעוֹן בֶּן שָׁטָח תָּלָה נָשִׁים בְּאַשְׁקְלוֹן! אָמְרוּ לוֹ: שְׁמוֹנִים נָשִׁים תָּלָה, וְאֵין דָּנִים שְׁנַיִם בְּיוֹם אֶחָד! אֶלָּא שֶׁהַשָּׁעָה צְרִיכָה, לְלַמֵּד בָּהּ אֶת אֲחֵרִים.
R. Eliezer said to them: Didn't Shimon b. Shetach hang women in Ashkelon? They answered; He hanged eighty women and (even though) two are not to be judged on one day, but "the times required it." (Here, too, [vis-à-vis hanging] the times required it.) [A man is stoned naked, but a woman is not stoned naked. R. Yehudah says: Both a man and a woman (are stoned naked.) But a man is hanged with his face towards the people and his back towards the tree; and a woman, with her face towards the tree and her back towards the people. A man is covered one section (his genitals) in front, and a woman, two sections — one in front and one behind, because she is all ervah (illicit nakedness).]
וְתָלִיתָ אוֹתוֹ, יָכוֹל יְהוּ כָל הַנִּסְקָלִים נִתְלִים? תַּלְמוּד לוֹמַר (דברים כא כג): ״כִּי קִלְלַת אֱלֹהִים תָּלוּי״ – אַחַר שֶׁרִבָּה הַכָּתוּב מִיעֵט! הֲרֵי אָנוּ לְמֵדִים אוֹתוֹ מִן הַמְגַדֵּף: מָה מְגַדֵּף מְיֻחָד, שֶׁפָּשַׁט יָדוֹ בָּעִקָּר, וַהֲרֵי הוּא נִתְלֶה – כָּךְ כָּל הַפּוֹשֵׁט יָדוֹ בָּעִקָּר הֲרֵי הוּא נִתְלֶה! רַבִּי אֱלִיעֶזֶר אוֹמֵר: מָה מְגַדֵּף מְיֻחָד, שֶׁהוּא נִסְקָל וַהֲרֵי הוּא נִתְלֶה – כָּךְ כָּל הַנִּסְקָלִים נִתְלִים. יָכוֹל יְהוּ תּוֹלִים אוֹתוֹ חַי כְּדֶרֶךְ שֶׁהַמַּלְכוּת עוֹשָׂה? תַּלְמוּד לוֹמַר: וְהוּמָת וְתָלִיתָ אֹתוֹ עַל עֵץ.
"and you shall hang him": I might think that all who are stoned are hanged (i.e., suspended thereafter); it is, therefore, written (Ibid. 21:23) "for (the penalty for) the cursing of G-d is hanging" (after stoning). After Scripture included (all capital offenses) and then excluded (i.e., limited it to the cursing of G-d [megadef]), we derive it (the exclusion) from megadef, viz.: Just as megadef is distinct in that it constitutes rebellion against G-d, and it is subject to hanging, so, all who rebel against G-d are hanged. R. Eliezer says: Just as megadef is distinct in that he is stoned, so, all who are stoned are hanged (afterwards). I might think that he is to be hanged while alive; it is, therefore, written "then he shall be put to death" (and, only afterwards, "and you shall hang him.").
אֹתוֹ – וְלֹא אֶת כֵּלָיו; אֹתוֹ – וְלֹא אֶת עֵדָיו; אֹתוֹ – וְלֹא אֶת זוֹמְמָיו; אֹתוֹ – וְלֹא שְׁנַיִם בְּיוֹם אֶחָד!
"and you shall hang him": "him," without his garments (i.e., naked). "him," and not scheming witnesses against him (viz. Devarim 19:19). "him": We are hereby taught that two are not judged (for such an offense) on one day.
עַל עֵץ, יָכוֹל בְּעֵץ הַתָּלוּשׁ. אוֹ בְּעֵץ הַמְחֻבָּר? תַּלְמוּד לוֹמַר (דברים כא כג): ״כִּי קָבוֹר תִּקְבְּרֶנּוּ״ – בְּעֵץ שֶׁנִּקְבָּר עִמּוֹ, אֱמֹר מֵעַתָּה: בְּעֵץ הַתָּלוּשׁ וְלֹא בְּעֵץ הַמְחֻבָּר.
"and you shall hang him on eitz" [("eitz" can mean either wood or tree)]: "eitz" that is not rooted (i.e., wood), and not "eitz" that is rooted (i.e., a tree). — But perhaps it means "eitz" that is rooted! — It is, therefore, (to negate this) written (Ibid. 23) "but you shall bury it" — what lacks only burial, to exclude that (a rooted eitz), which lacks cutting and burial.
מִנַּיִן לַמֵּלִין אֶת מֵתוֹ שֶׁהוּא עוֹבֵר בְּלֹא תַעֲשֶׂה? תַּלְמוּד לוֹמַר: לֹא תָלִין נִבְלָתוֹ עַל הָעֵץ. הֱלִינוֹ לִכְבוֹדוֹ, לְהָבִיא לוֹ אָרוֹן וְתַכְרִיכִים, יָכוֹל יְהֵא עוֹבֵר עָלָיו? תַּלְמוּד לוֹמַר: עַל הָעֵץ – מָה עֵץ מְיֻחָד, שֶׁהוּא נִוּוּל לוֹ – אַף כָּל שֶׁהוּא נִוּוּל לוֹ. יָצָא הַמֵּלִין לִכְבוֹדוֹ, שֶׁאֵין נִוּוּל לוֹ.
Whence is it derived that if one allows his dead one (i.e., one that he must bury) to remain overnight, he transgresses a negative commandment? From (Ibid.) "You shall not leave his body overnight on eitz." If he left it overnight for his honor, i.e., to bring a casket or shrouds, I might think he transgresses; it is, therefore, written "on the eitz" — Just as the eitz is demeaning to him, so, all that is demeaning to him (is forbidden, to exclude the above).
לֹא תָלִין נִבְלָתוֹ עַל הָעֵץ – מִצְוַת לֹא תַעֲשֶׂה. כִּי קָבוֹר תִּקְבְּרֶנּוּ – מִצְוַת עֲשֵׂה. כֵּיצַד עוֹשִׂים לוֹ? מַמְתִּינִים לוֹ עַד חֲשֵׁכָה, וְתוֹלִים לוֹ – וּמַתִּירִים אוֹתוֹ, וְאִם לָן – עוֹבְרִים עָלָיו בְּלֹא תַעֲשֶׂה, שֶׁנֶּאֱמַר: לֹא תָלִין נִבְלָתוֹ עַל הָעֵץ.
"You shall not leave his body overnight on the eitz" — a negative commandment. "but bury shall you bury it" — a positive commandment. What is to be done? We wait until it gets dark; then he is suspended from the eitz and then he is taken down. If not, he is in transgression of "You shall not leave his body overnight on the eitz."
כִּי קִלְלַת אֱלֹהִים תָּלוּי, כְּלוֹמַר: מִפְּנֵי מָה זֶה תָּלוּי? מִפְּנֵי שֶׁקִּלֵּל אֶת הַשֵּׁם, וְנִמְצָא שֵׁם שָׁמַיִם מִתְחַלֵּל.
"for the cursing of G-d is suspended": That is, why is he being suspended? Because he cursed the L-rd and desecrated the Name.
הָאִישׁ נִסְקָל עָרוֹם, וְאֵין הָאִשָּׁה נִסְקֶלֶת עֲרוּמָה. רַבִּי יְהוּדָה אוֹמֵר: אֶחָד הָאִישׁ וְאֶחָד הָאִשָּׁה, אֶלָּא שֶׁהָאִישׁ – תּוֹלִים אוֹתוֹ וּפָנָיו כְּלַפֵּי הָעָם וַאֲחוֹרָיו כְּלַפֵּי הָעֵץ, וְהָאִשָּׁה – פָּנֶיהָ כְּלַפֵּי הָעֵץ וַאֲחוֹרֶיהָ כְּלַפֵּי הָעָם. הָאִישׁ – סֶרֶט אֶחָד מִלְּפָנָיו, וְהָאִשָּׁה – שְׁנֵי סְרָטִים: אֶחָד מִלְּפָנֶיהָ וְאֶחָד מֵאַחֲרֶיהָ, מִפְּנֵי שֶׁכֻּלָּהּ עֶרְוָה.
A man is stoned naked, but a woman is not stoned naked. R. Yehudah says: Both a man and a woman (are stoned naked.) But a man is hanged with his face towards the people and his back towards the tree; and a woman, with her face towards the tree and her back towards the people. A man is covered one section (his genitals) in front, and a woman, two sections — one in front and one behind, because she is all ervah (illicit nakedness).
וְלֹא תְטַמֵּא אֶת אַדְמָתְךָ אֲשֶׁר ה׳ אֱלֹהֶיךָ נוֹתֵן לְךָ נַחֲלָה – לְהַזְהִיר בֵּית דִּין עַל כָּךְ.
"and you shall not make unclean your earth, which the L-rd your G-d gives you as an inheritance": Beth-din is being exhorted hereby.