Deuteronomy 17:5 - Idolatry's severe divine consequence

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Hebrew Text

וְהוֹצֵאתָ אֶת־הָאִישׁ הַהוּא אוֹ אֶת־הָאִשָּׁה הַהִוא אֲשֶׁר עָשׂוּ אֶת־הַדָּבָר הָרָע הַזֶּה אֶל־שְׁעָרֶיךָ אֶת־הָאִישׁ אוֹ אֶת־הָאִשָּׁה וּסְקַלְתָּם בָּאֲבָנִים וָמֵתוּ׃

English Translation

then shalt thou bring forth that man or that woman, who has committed that wicked thing, unto thy gates, and shalt stone that man or that woman with stones till they die.

Transliteration

Vehotzeita et-ha'ish hahu o et-ha'ishah hihu asher asu et-hadavar hara haze el-she'areicha et-ha'ish o et-ha'ishah uskaltam ba'avanim vametu.

Hebrew Leining Text

וְהֽוֹצֵאתָ֣ אֶת־הָאִ֣ישׁ הַה֡וּא אוֹ֩ אֶת־הָאִשָּׁ֨ה הַהִ֜וא אֲשֶׁ֣ר עָ֠שׂ֠וּ אֶת־הַדָּבָ֨ר הָרָ֤ע הַזֶּה֙ אֶל־שְׁעָרֶ֔יךָ אֶת־הָאִ֕ישׁ א֖וֹ אֶת־הָאִשָּׁ֑ה וּסְקַלְתָּ֥ם בָּאֲבָנִ֖ים וָמֵֽתוּ׃

Parasha Commentary

Context and Source

The verse (Devarim 17:5) discusses the punishment of stoning (skilah) for certain severe transgressions, particularly idolatry, as part of the broader legal framework in Parashat Shoftim. This is one of the four capital punishments administered by the Sanhedrin (Mishnah Sanhedrin 7:1). The Torah emphasizes that the execution must take place "at your gates"—a public setting—to serve as a deterrent and uphold communal sanctity.

Interpretation of "At Your Gates"

Rashi (Devarim 17:5) explains that "at your gates" refers to the city's courthouse (beit din), where trials were conducted. The Rambam (Hilchot Sanhedrin 14:1) elaborates that executions were performed outside the city to maintain its purity, as the verse states, "You shall burn the evil from your midst" (Devarim 17:7). The public nature of the punishment reinforces the severity of the sin and its consequences.

Gender Inclusivity in the Verse

The Torah explicitly mentions "that man or that woman", emphasizing that the law applies equally to both genders. The Talmud (Sanhedrin 66b) notes that women were subject to the same judicial process as men in capital cases. This reflects the Torah’s principle of impartial justice, as stated in Vayikra 24:22: "You shall have one manner of law."

The Severity of Idolatry

The "wicked thing" (דבר הרע) in this context refers primarily to idolatry (avodah zarah), as discussed in the preceding verses (Devarim 17:2-4). The Rambam (Hilchot Avodah Zarah 3:1) explains that idolatry undermines the foundation of Torah and the covenant with Hashem, warranting the strictest penalty. The Midrash (Sifrei Devarim 149) compares idolatry to a rebellion against the King, justifying its severe punishment.

Procedure of Stoning

The condemned was taken to a high place and pushed off (Sanhedrin 45a). If the fall did not kill them, a large stone was dropped on their chest.
Witnesses were required to participate in the execution (Devarim 17:7), reinforcing the principle that justice must be carried out with certainty.
The Talmud (Sanhedrin 6b) stresses that every effort was made to avoid capital punishment, requiring overwhelming evidence and warnings to the accused beforehand.

Moral and Ethical Lessons

While the punishment is severe, the Torah’s emphasis on due process (Devarim 17:4—"you shall inquire diligently") teaches that justice must never be rash. The Talmud (Makkot 7a) states that a Sanhedrin that executed once in seventy years was called "destructive," highlighting the rarity of such punishments. The deeper message is the sanctity of monotheism and the need to eradicate spiritual corruption from the community.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Sanhedrin 45b

The verse is discussed in the context of the laws of stoning, particularly regarding the requirement to bring the condemned individual to the gates of the city for execution.

📖 Sotah 8b

The verse is referenced in a discussion about the procedures for executing those guilty of certain sins, emphasizing the public nature of the punishment.

Frequently Asked Questions

Q: What does Deuteronomy 17:5 mean?
A: Deuteronomy 17:5 describes the punishment of stoning (skilah) for certain severe sins, such as idolatry, as prescribed by Torah law. The verse commands that the guilty individual be brought to the city gates and executed by stoning. This reflects the seriousness of violating fundamental commandments in Jewish law.

Q: Why is stoning mentioned as a punishment in the Torah?
A: Stoning (skilah) is one of the four capital punishments in Jewish law (Sanhedrin 49b). It was reserved for the most severe offenses, such as idolatry or blasphemy, to emphasize the gravity of rebelling against Hashem and undermining the moral foundation of the Jewish people. The Torah's strict measures highlight the importance of maintaining spiritual purity.

Q: Does stoning still apply today?
A: No, capital punishment by stoning (or any other method) is not practiced today. The Talmud (Makkot 7a) states that a Sanhedrin (Jewish high court) that executed even once in 70 years was considered harsh. Additionally, the precise legal requirements (e.g., witnesses, warnings) made carrying out such punishments nearly impossible in practice.

Q: What can we learn from this verse today?
A: While stoning is not practiced, the verse teaches the severity of certain sins in Jewish thought. It reminds us of the importance of upholding Torah values and avoiding actions that spiritually harm the community. The Rambam (Hilchot Avodah Zarah) explains that idolatry represents a rejection of Hashem’s unity, making it one of the gravest offenses.

Q: Why were executions done at the city gates?
A: Rashi (on Deuteronomy 17:5) explains that executions were performed at the city gates as a public deterrent—to teach others the consequences of severe sins. The gates were a central gathering place, ensuring that the lesson would be widely witnessed. This aligns with the Torah’s principle of maintaining a just and morally upright society.