At a distance of ten cubits from the stoning site he is told: "Confess." [For when he is close to it, he might panic and not be able to confess.] For all who are to be put to death confess. For all who confess have a share in the world to come, viz., Achan, who was told by Joshua (Joshua 7:19): "My son, confer, now, glory upon the L rd, the G d of Israel, and make confession to Him [(And even though one is not executed by his own confession, the execution of Achan was dictated by the circumstances.)] …And Achan answered Joshua and said: 'In truth, I have sinned to the L rd, the G d of Israel and as thus and as thus have I done.'" [The Gemara explains that he misappropriated the spoils in the time of Moses.] And whence do we derive that his confession atoned for him? From (Ibid. 25): "And Joshua said: 'How you have sullied us! May the L rd sully you on this day!'" — you are sullied on this day, but not for the world to come. And if he does not know how to confess, he is told: "Say: 'Let my death be an atonement for all of my sins.'" R. Yehudah says: If he knows that he was falsely testified against, he says: "Let my death be an atonement for all of my transgressions except this one." This was countered: If so, all men (sentenced to death) will say this in order to acquit themselves [in the eyes of their fellows and thus come to discredit the judges and the witnesses. The halachah is not in accordance with R. Yehudah.]
Bartenura on Mishnah Sanhedrin
היה רחוק מבית הסקילה – since near to the House of Stoning, lest his mind would become unbalanced and he would be unable to confess.
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English Explanation of Mishnah Sanhedrin
Introduction
Mishnah two discusses the confession that the convict is to make before he is executed. In Rabbinic theology, the confession allows the execution to expiate the convict of his crime, thereby causing him to die clean of all sins.
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Bartenura on Mishnah Sanhedrin
תן לו תודה – and even though a person is not killed by his own [admission], the killing of Achan (Joshua 7:19-20) was a special dispensation (i.e., a decision under an emergency).
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English Explanation of Mishnah Sanhedrin
When he is about ten cubits away from the place of stoning, they say to him, ‘confess’, for such is the practice of all who are executed, that they [first] confess, for he who confesses has a portion in the world to come. For so we find in the case of Achan, that Joshua said to him, “My son, pay honor to the Lord, the God of Israel, and make confession to him. [Tell me what you have done, do not hold anything back from me.” And Achan answered Joshua and said, “It is true, I have sinned against the Lord the God of Israel, and this is what I have done” (Josh. 7:19-20). And how do we know that his confessions made atonement for him? As it says, “And Joshua said, “What calamity have you brought upon us! The Lord will bring calamity upon you this day” (Josh. 7:35), [meaning] this day you are a calamity, but you are not to be a calamity in the next world. And if he does not know how to confess, they say to him, “Say, may my death be an expiation for all my sins.” When the convict reaches ten cubits distance from the place where he is to be stoned, he is asked to confess of his crimes. The mishnah teaches that anyone who confesses, no matter how heinous their crime, has a place in the world to come. This lesson is based the story of Achan in the book of Joshua. When Joshua conquered Jericho, the people were not supposed to take anything from the city. Rather they were supposed to kill anything that was alive and bring only the silver and gold to the treasury. Achan violated this ruling and took from the proscribed property of Jericho. As a punishment God causes Israel to lose their subsequent battle at Ai (Joshua, chapter 7). When Joshua figures out that their loss was due to Achan’s taking from the proscribed property, he sentences Achan to death for having violated God’s word not to take from the property of Jericho. Joshua requests of Achan to confess his crime, which he subsequently does. The innovation that our mishnah makes is that this confession expiates Achan of his crime and Achan therefore has a place in the world to come. Joshua says to Achan, “What calamity have you brought upon us! The Lord will bring calamity upon you this day”. The simple sense of the verse is that God is punishing Achan and carrying out the punishment today. The midrashic reading of our mishnah is that God is punishing Achan only today, and he will not punish him tomorrow. Achan, therefore, has a place in the world to come. Even one who does not know how to confess is taught how to do so. The Rabbis are concerned that although the criminal’s time in this world is drawing to a close, he should still be able to have a share in the world to come.
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Bartenura on Mishnah Sanhedrin
וכזאת וכזאת עשיתי – In the Gemara (Sanhedrin 47b) it explains that he committed a religious sacrilege with the devoted objects in the days of Moses.
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English Explanation of Mishnah Sanhedrin
Rabbi Judah said: “If he knows that he is a victim of false evidence, he can say: may my death be an expiation for all my sins but this.” They [the sages] said to him: “If so, everyone will speak likewise in order to clear himself.” The mishnah ends with a dispute between Rabbi Judah and the Sages. According to Rabbi Judah, if the convicted person does not believe that he was guilty, he need not ask for forgiveness for this sin. Rather he can make a general statement, asking for forgiveness from other sins. The Sages disagree with Rabbi Judah. If convicted people were allowed to make such a confession, everyone would do so, in order to give the impression that they were dying innocent. Rather, if he will not confess to this crime he is not allowed to confess to any crime.
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Bartenura on Mishnah Sanhedrin
שהוא מזומם – that his witnesses were plotting/scheming witnesses (i.e., false witnesses).
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English Explanation of Mishnah Sanhedrin
Questions for Further Thought: • Section two: Why are the Sages so afraid of the convicted person not confessing to this specific sin? What do they mean when they say “everyone will speak likewise in order to clear himself?”
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Bartenura on Mishnah Sanhedrin
לנקות את עצמן – from creation and they will discredit the judges and the witnesses. But the Halakha is not according to Rabbi Yehuda.
