Sanhedrin 7

אַרְבַּע מִיתוֹת נִמְסְרוּ לְבֵית דִּין, סְקִילָה, שְׂרֵפָה, הֶרֶג, וָחֶנֶק. רַבִּי שִׁמְעוֹן אוֹמֵר, שְׂרֵפָה, סְקִילָה, חֶנֶק, וָהֶרֶג. זוֹ מִצְוַת הַנִּסְקָלִין:

Four death penalties were relegated to beth-din: stoning, burning, decapitation, and strangulation. [Stoning is more severe than burning, and both, than decapitation; and the three of them (are more severe) than strangulation. This is of significance where one is liable to two death penalties, the ruling being that he incurs the more severe.] R. Shimon says: Burning, stoning, strangulation, and decapitation. [The halachah is not in accordance with R. Shimon.] This [(the foregoing)] is execution by stoning.

מִצְוַת הַנִּשְׂרָפִין, הָיוּ מְשַׁקְּעִין אוֹתוֹ בַזֶּבֶל עַד אַרְכֻּבּוֹתָיו וְנוֹתְנִין סוּדָר קָשָׁה לְתוֹךְ הָרַכָּה וְכוֹרֵךְ עַל צַוָּארוֹ. זֶה מוֹשֵׁךְ אֶצְלוֹ וְזֶה מוֹשֵׁךְ אֶצְלוֹ עַד שֶׁפּוֹתֵחַ אֶת פִּיו, וּמַדְלִיק אֶת הַפְּתִילָה וְזוֹרְקָהּ לְתוֹךְ פִּיו וְיוֹרֶדֶת לְתוֹךְ מֵעָיו וְחוֹמֶרֶת אֶת בְּנֵי מֵעָיו. רַבִּי יְהוּדָה אוֹמֵר, אַף הוּא אִם מֵת בְּיָדָם לֹא הָיוּ מְקַיְּמִין בּוֹ מִצְוַת שְׂרֵפָה, אֶלָּא פוֹתְחִין אֶת פִּיו בִּצְבָת שֶׁלֹּא בְטוֹבָתוֹ וּמַדְלִיק אֶת הַפְּתִילָה וְזוֹרְקָהּ לְתוֹךְ פִּיו וְיוֹרֶדֶת לְתוֹךְ מֵעָיו וְחוֹמֶרֶת אֶת בְּנֵי מֵעָיו. אָמַר רַבִּי אֱלִיעֶזֶר בֶּן צָדוֹק, מַעֲשֶׂה בְּבַת כֹּהֵן אַחַת שֶׁזִּנְּתָה, וְהִקִּיפוּהָ חֲבִילֵי זְמוֹרוֹת וּשְׂרָפוּהָ. אָמְרוּ לוֹ, מִפְּנֵי שֶׁלֹּא הָיָה בֵית דִּין שֶׁל אוֹתָהּ שָׁעָה בָּקִי:

Execution by burning: They would steep him in refuse until his thighs [so that he not turn back and forth and the brand fall on his flesh.] They would place a hard cloth into a soft one and tie it around his throat, [the hard one to choke him; the soft one, to shield.] One would pull on one end; another, on the other, until he opened his mouth. Then he (another) would take the [leaden] brand and drop it into his mouth. It would descend to his innards and burn out (chomereth) his intestines, [as in (Eichah 2:11): "My intestines have been burned out" (chamarmaru). This is derived from the death of the sons of Aaron, viz. (Leviticus 10:6): "And let your brothers, the entire house of Israel, bewail the burning which the L rd has burned," where their bodies were not burned, viz. (Ibid. 5): "And they drew near and they carried them in their tunics." Here, too, the mitzvah of burning is satisfied even though their innards alone are burned. And this (form of burning) is preferred, it being written (Leviticus 19:18): "And you shall love your neighbor as yourself" — Choose a humane death for him.] R. Yehudah says: But if he died by their hands [i.e., by strangulation, before the dropping of the brand], they would not have performed the mitzvah of burning! Rather, [they do not choke him, but] they force his mouth open with tongs, kindle a brand, and throw it into his mouth. [The halachah is not in accordance with R. Yehudah.] R. Elazar b. R. Tzaddok said: But once the daughter of a priest committed adultery and they encircled her with twigs and burned her alive! They answered: That beth-din was not versed in the law. [They were Sadducees, who do not expound identities (gezeirah shavah), but who interpret the verse literally.]

מִצְוַת הַנֶּהֱרָגִים, הָיוּ מַתִּיזִין אֶת רֹאשׁוֹ בְסַיִף כְּדֶרֶךְ שֶׁהַמַּלְכוּת עוֹשָׂה. רַבִּי יְהוּדָה אוֹמֵר, נִוּוּל הוּא זֶה, אֶלָּא מַנִּיחִין אֶת רֹאשׁוֹ עַל הַסַּדָּן וְקוֹצֵץ בְּקוֹפִיץ. אָמְרוּ לוֹ, אֵין מִיתָה מְנֻוֶּלֶת מִזּוֹ. מִצְוַת הַנֶּחֱנָקִין, הָיוּ מְשַׁקְּעִין אוֹתוֹ בַזֶּבֶל עַד אַרְכֻּבּוֹתָיו וְנוֹתְנִין סוּדָר קָשָׁה לְתוֹךְ הָרַכָּה וְכוֹרֵךְ עַל צַוָּארוֹ, זֶה מוֹשֵׁךְ אֶצְלוֹ וְזֶה מוֹשֵׁךְ אֶצְלוֹ, עַד שֶׁנַּפְשׁוֹ יוֹצְאָה:

Execution by decapitation: They would cut off his head with a sword, in the manner of (execution by) the monarchy. R. Yehudah says: This is degrading. [For he is killed standing and he falls.] Rather, his head is placed on a block and it is chopped off with a hatchet. [The baraitha explains that R. Yehudah disagrees with the rabbis by reason of (Leviticus 18:3): "And in their statutes you shall not walk." And the rabbis counter: Since death by the sword is alluded to in the Torah, viz. (Exodus 21:20): "Vengeance shall be taken," they (their statutes) are not our source. The halachah is in accordance with the sages.] Execution by strangulation: They would steep him in refuse until his thighs, place a hard cloth in a soft one, and tie it around his throat; and one pulled from one end, and another from the other, until he died.]

אֵלּוּ הֵן הַנִּסְקָלִין, הַבָּא עַל הָאֵם, וְעַל אֵשֶׁת הָאָב, וְעַל הַכַּלָּה, וְעַל הַזְּכוּר, וְעַל הַבְּהֵמָה, וְהָאִשָּׁה הַמְבִיאָה אֶת הַבְּהֵמָה, וְהַמְגַדֵּף, וְהָעוֹבֵד עֲבוֹדָה זָרָה, וְהַנּוֹתֵן מִזַּרְעוֹ לַמֹּלֶךְ, וּבַעַל אוֹב וְיִדְּעוֹנִי, וְהַמְחַלֵּל אֶת הַשַּׁבָּת, וְהַמְקַלֵּל אָבִיו וְאִמּוֹ, וְהַבָּא עַל נַעֲרָה הַמְאֹרָסָה, וְהַמֵּסִית, וְהַמַּדִּיחַ, וְהַמְכַשֵּׁף, וּבֵן סוֹרֵר וּמוֹרֶה. הַבָּא עַל הָאֵם, חַיָּב עָלֶיהָ מִשּׁוּם אֵם וּמִשּׁוּם אֵשֶׁת אָב. רַבִּי יְהוּדָה אוֹמֵר, אֵינוֹ חַיָּב אֶלָּא מִשּׁוּם הָאֵם בִּלְבָד. הַבָּא עַל אֵשֶׁת אָב חַיָּב עָלֶיהָ מִשּׁוּם אֵשֶׁת אָב וּמִשּׁוּם אֵשֶׁת אִישׁ, בֵּין בְּחַיֵּי אָבִיו בֵּין לְאַחַר מִיתַת אָבִיו, בֵּין מִן הָאֵרוּסִין בֵּין מִן הַנִּשּׂוּאִין. הַבָּא עַל כַּלָּתוֹ, חַיָּב עָלֶיהָ מִשּׁוּם כַּלָּתוֹ וּמִשּׁוּם אֵשֶׁת אִישׁ, בֵּין בְּחַיֵּי בְנוֹ בֵּין לְאַחַר מִיתַת בְּנוֹ, בֵּין מִן הָאֵרוּסִין בֵּין מִן הַנִּשּׂוּאִין. הַבָּא עַל הַזְּכוּר וְעַל הַבְּהֵמָה, וְהָאִשָּׁה הַמְבִיאָה אֶת הַבְּהֵמָה, אִם אָדָם חָטָא, בְּהֵמָה מֶה חָטָאת, אֶלָּא לְפִי שֶׁבָּאת לָאָדָם תַּקָּלָה עַל יָדָהּ, לְפִיכָךְ אָמַר הַכָּתוּב תִּסָּקֵל. דָּבָר אַחֵר, שֶׁלֹּא תְהֵא בְּהֵמָה עוֹבֶרֶת בַּשּׁוּק וְיֹאמְרוּ זוֹ הִיא שֶׁנִּסְקַל פְּלוֹנִי עַל יָדָהּ:

These are the ones executed by stoning: [Stoning is explicitly stated in respect to some; and where it is not stated, it is written "His blood is in him," "Their blood is in them," which alludes to stoning. The halachah is derived from what is stated in respect to necromancers and soothsayers (Leviticus 20:27): "With stones shall they stone them; their blood is in them."] a man who lives with his mother, with his father's wife, with his daughter-in-law, with a male, and with a beast; a woman who brings a beast upon herself, a blasphemer, an idolator, one who gives of his seed to the Molech [This tanna holds that Molech is not idolatry, but a gentile practice, the two (idolatry and Molech) being separately adduced], Ba'al Ov and yidoni (see 7:7), one who desecrates the Sabbath, one who curses his father and his mother [This is more severe than striking them, two (sins) obtaining: shaming one's father and mother and uttering the L rd's name in vain, it being ruled that he is not liable until he curses them with the Name], one who lives with a betrothed maiden, one who turns [an individual] astray (to idolatry), one who turns [a city] astray, a witch, [viz. (Exodus 22:17): "A witch you shall not allow to live," followed by (Ibid. 18): "Anyone who lies with beast shall be put to death." Just as there, stoning is indicated, here, too, stoning (is understood)], and a rebellious son (ben sorer umoreh). One who lives with his mother is liable on the count of his mother and on the count of his father's wife. [He is liable for two sin-offerings — kareth (cutting-off) and discreteness of sin-offering (even in one body) being stated in respect to all of the arayoth (illicit relations)]. R. Yehudah says: He is liable only on the count of his mother alone. One who lives with his father's wife is liable on the count of his father's wife and on the count of another man's wife, whether in his father's lifetime or after his death, whether she were betrothed or married. [("whether she were betrothed":) For once he betroths her, she is regarded as his wife, viz. "If a man takes a wife." From the time of "taking," she is called his wife. This "taking" is betrothal, as is derived by identity, "taking" - "taking," from the field of Efron (Genesis 23:13)]. One who lives with his daughter-in-law is liable on the count of his daughter-in-law and on the count of another man's wife, whether in his son's lifetime or after his death, whether she were betrothed or married. A man who lives with a male or with a beast, and a woman who brings a beast upon her: If the man sinned, how has the beast sinned? But because a man was "undone" by it, Scripture commands that it be stoned. Another interpretation: So that the beast not walk through the marketplace and people say: "This is the one for which that man was stoned."

הַמְגַדֵּף אֵינוֹ חַיָּב עַד שֶׁיְּפָרֵשׁ הַשֵּׁם. אָמַר רַבִּי יְהוֹשֻׁעַ בֶּן קָרְחָה, בְּכָל יוֹם דָּנִין אֶת הָעֵדִים בְּכִנּוּי יַכֶּה יוֹסֵי אֶת יוֹסֵי. נִגְמַר הַדִּין, לֹא הוֹרְגִים בְּכִנּוּי, אֶלָּא מוֹצִיאִים כָּל אָדָם לַחוּץ וְשׁוֹאֲלִים אֶת הַגָּדוֹל שֶׁבָּהֶן וְאוֹמְרִים לוֹ אֱמֹר מַה שֶּׁשָּׁמַעְתָּ בְּפֵרוּשׁ, וְהוּא אוֹמֵר, וְהַדַּיָּנִים עוֹמְדִין עַל רַגְלֵיהֶן וְקוֹרְעִין וְלֹא מְאַחִין. וְהַשֵּׁנִי אוֹמֵר אַף אֲנִי כָּמוֹהוּ, וְהַשְּׁלִישִׁי אוֹמֵר אַף אֲנִי כָּמוֹהוּ:

One who blasphemes is not liable until he mentions the Name [and "blesses" the Name by the Name (i.e., "May X curse X"), it being written (Leviticus 24:16): "And he who blasphemes the Name … if he blasphemes the Name" — blaspheming the Name by the Name.] R. Yehoshua b. Karchah said: The entire day [of deliberation] they would examine the witnesses (to blaspheming) with an epithet (kinui) [A "substitute object" of a curse is called "kinui" by the sages; and, in Scripture (Job 32:22): "Ki loyadati achaneh" ("For I know now how to mince words.")] — "May Yossi smite Yossi." [I have heard that the Tetragrammaton is alluded to by "Yossi" for it (Yossi) has four letters, the gematria of which (86) is "Elokim."] When the judgment was concluded [and beth-din came to pronounce him liableb], they could not execute him [on the basis of the testimony that they heard, for they had heard from their mouths only a curse] by epithet.] But everyone is sent out, [it being demeaning to utter a "blessing of the Name" in public], and they ask the senior witness (what he heard) and say to him: "Repeat what you heard explicitly," and he does so. And the judges stand upon their feet, and they rend (their garments) and do not resew them [in a "finished" manner, with Alexandrine stitching, where the rent is not noticeable; but other stitching is permitted.], and the second witness says: "I, too, heard as he did." [and he need not repeat it explicitly], and the third says: "I, too, heard as he did." [This is in accordance with the view that just as two (witnesses) constitute one testimony, so do three.]

הָעוֹבֵד עֲבוֹדָה זָרָה, אֶחָד הָעוֹבֵד, וְאֶחָד הַזּוֹבֵחַ, וְאֶחָד הַמְקַטֵּר, וְאֶחָד הַמְנַסֵּךְ, וְאֶחָד הַמִּשְׁתַּחֲוֶה, וְאֶחָד הַמְקַבְּלוֹ עָלָיו לֶאֱלוֹהַּ, וְהָאוֹמֵר לוֹ אֵלִי אָתָּה. אֲבָל הַמְגַפֵּף וְהַמְנַשֵּׁק וְהַמְכַבֵּד וְהַמְּרַבֵּץ וְהַמַּרְחִיץ, הַסָּךְ, הַמַּלְבִּישׁ וְהַמַּנְעִיל, עוֹבֵר בְּלֹא תַעֲשֶׂה. הַנּוֹדֵר בִּשְׁמוֹ וְהַמְקַיֵּם בִּשְׁמוֹ, עוֹבֵר בְּלֹא תַעֲשֶׂה. הַפּוֹעֵר עַצְמוֹ לְבַעַל פְּעוֹר, זוֹ הִיא עֲבוֹדָתוֹ. הַזּוֹרֵק אֶבֶן לְמַרְקוּלִיס, זוֹ הִיא עֲבוֹדָתוֹ:

One who serves idolatry (is executed by stoning), whether he serves it [in its usual manner] or by slaughtering to it, smoking incense to it, or pouring libations to it, bowing down to it [(Though one of these four is not its usual mode of worship, he is nonetheless liable (to stoning). And with all other modes, he is not liable unless it be the usual one.)], taking it upon oneself as a god, [even by speech alone, this being likened to slaughtering, viz. (Exodus 32:8): "And they slaughtered to it and said: 'This is your god, etc.'"], and saying to it: "You are my god" [before it. This "sheds light" on what precedes. For if we learned the former alone, we would think that one were liable (for worship) only before it, but not otherwise. We, therefore, learn the latter — "before it" — implying that the former (speaks of worship) not before it, in spite of which he is liable.] But if one embraces it, kisses it, sweeps before it, sprinkles before it, washes it, anoints it, clothes it, or shods it, he transgresses a negative commandment, [there being a superfluous "and you shall not serve them" (to this end.)] If one vows in its name [e.g., "I forbid to myself all the fruits in the world in the name of that idolatry"], or if one swears in its name, he transgresses a negative commandment, [viz. (Exodus 23:13): "And the names of other gods you shall not mention." If one defecates before Ba'al Peor, this is its conventional mode of worship, [so that even if his intent were to shame it, he is liable for a sin-offering.] If one casts a stone at Markulis, this is its conventional mode of worship. [And one who removes a stone from before it is also liable, it being served in this fashion, too. ("Markolis" = "reverse of praise." "mar" = exchange, as in "bamar dishchuta," "bamar dikanta." "kolis" = praise.) And even if his intent were to stone it, he is liable for a sin-offering.]

הַנּוֹתֵן מִזַּרְעוֹ לַמֹּלֶךְ, אֵינוֹ חַיָּב עַד שֶׁיִּמְסֹר לַמֹּלֶךְ וְיַעֲבִיר בָּאֵשׁ. מָסַר לַמֹּלֶךְ וְלֹא הֶעֱבִיר בָּאֵשׁ, הֶעֱבִיר בָּאֵשׁ וְלֹא מָסַר לַמֹּלֶךְ, אֵינוֹ חַיָּב, עַד שֶׁיִּמְסֹר לַמֹּלֶךְ וְיַעֲבִיר בָּאֵשׁ. בַּעַל אוֹב זֶה פִתּוֹם הַמְדַבֵּר מִשֶּׁחְיוֹ, וְיִדְּעוֹנִי זֶה הַמְדַבֵּר בְּפִיו, הֲרֵי אֵלּוּ בִסְקִילָה, וְהַנִּשְׁאָל בָּהֶם בְּאַזְהָרָה:

One who gives of his seed to Molech is not liable until he gives him to [the priests of] Molech and passes him through fire [from one side to the other.] If he gave him to Molech but did not pass him through fire, or passed him through fire but did not give him to Molech, he is not liable — until he gives him to Molech and passes him through fire, [it being written in one place (Leviticus 18:21): "…you shall not give to pass," and, in another (Deuteronomy 18:10): "There shall not be found among you one who passes his son or his daughter through fire" — Just as there, through fire; here, too, through fire.] Ba'al Ov, a conjurer [He takes the skull of a dead person after the flesh has decayed, smokes incense to it, asks the future of it, and it answers.], one who speaks from his armpits [(And there are some who project the answers of the dead through their armpits)], and yidoni, one who speaks through his mouth — these are liable to stoning. [("yidoni":) an animal called "yidoa," whose face, arms, and legs are like those of a man. It is tied by a cord from its navel to a root in the ground, which gives it life. In hunting it, they shoot arrows at the cord until it is severed and it dies immediately. In the language of the sages it is called "the man of the mountain."] And one who inquires of them [to inform him of the future (as in the instance of Saul)] is in violation of an exhortation, [viz. (Leviticus 19:31): "Do not turn to the ovoth, etc."]

הַמְחַלֵּל אֶת הַשַּׁבָּת, בְּדָבָר שֶׁחַיָּבִין עַל זְדוֹנוֹ כָרֵת וְעַל שִׁגְגָתוֹ חַטָּאת. הַמְקַלֵּל אָבִיו וְאִמּוֹ, אֵינוֹ חַיָּב עַד שֶׁיְּקַלְּלֵם בַּשֵּׁם. קִלְּלָם בְּכִנּוּי, רַבִּי מֵאִיר מְחַיֵּב וַחֲכָמִים פּוֹטְרִין:

One who desecrates the Sabbath through an act where witting transgression is subject to kareth, and unwitting transgression to a sin-offering (is liable to stoning). One who curses his father and mother is not liable (to stoning) unless he does so by the Name, [i.e., by one of the distinct names.] If he cursed them by an epithet ["Merciful," Gracious," "Long-suffering"], R. Meir says that he is liable; and the sages, that he is not liable.

הַבָּא עַל נַעֲרָה הַמְאֹרָסָה, אֵינוֹ חַיָּב עַד שֶׁתְּהֵא נַעֲרָה בְתוּלָה מְאֹרָסָה וְהִיא בְבֵית אָבִיהָ. בָּאוּ עָלֶיהָ שְׁנַיִם, הָרִאשׁוֹן בִּסְקִילָה וְהַשֵּׁנִי בְּחֶנֶק:

If one lives with a betrothed maiden, he is not liable (to stoning) unless she be a maiden (na'arah) [and not a minor, less than twelve years and one day, and not a bogereth, older than twelve years six months and one day], a virgin, [and not one who had had intercourse. And if she had had non-normative (i.e., anal) intercourse, she is still considered a virgin, so that even if ten men had such intercourse with her, all are liable to stoning], betrothed [and not wedded], and in her father's house. [For if her father had given her over to the husband's messengers, one who lives with her thereafter is not liable to stoning but to strangulation.] If two men lived with her, the first is liable to stoning, and the second to strangulation.

הַמֵּסִית, זֶה הֶדְיוֹט. הַמֵּסִית אֶת הַהֶדְיוֹט, אָמַר לוֹ יֵשׁ יִרְאָה בְמָקוֹם פְּלוֹנִי, כָּךְ אוֹכֶלֶת, כָּךְ שׁוֹתָה, כָּךְ מֵטִיבָה, כָּךְ מְרֵעָה. כָּל חַיָּבֵי מִיתוֹת שֶׁבַּתּוֹרָה אֵין מַכְמִינִין עֲלֵיהֶם, חוּץ מִזּוֹ. אָמַר לִשְׁנַיִם וְהֵן עֵדָיו, מְבִיאִין אוֹתוֹ לְבֵית דִּין וְסוֹקְלִין אוֹתוֹ. אָמַר לְאֶחָד, הוּא אוֹמֵר יֶשׁ לִי חֲבֵרִים רוֹצִים בְּכָךְ. אִם הָיָה עָרוּם וְאֵינוֹ יָכוֹל לְדַבֵּר בִּפְנֵיהֶם, מַכְמִינִין לוֹ עֵדִים אֲחוֹרֵי הַגָּדֵר, וְהוּא אוֹמֵר לוֹ אֱמֹר מַה שֶּׁאָמַרְתָּ לִּי בְיִחוּד, וְהַלָּה אוֹמֵר לוֹ, וְהוּא אוֹמֵר לוֹ הֵיאַךְ נַנִּיחַ אֶת אֱלֹהֵינוּ שֶׁבַּשָּׁמַיִם וְנֵלֵךְ וְנַעֲבֹד עֵצִים וַאֲבָנִים. אִם חוֹזֵר בּוֹ, הֲרֵי זֶה מוּטָב. וְאִם אָמַר כָּךְ הִיא חוֹבָתֵנוּ וְכָךְ יָפֶה לָנוּ, הָעוֹמְדִין מֵאֲחוֹרֵי הַגָּדֵר מְבִיאִין אוֹתוֹ לְבֵית דִּין וְסוֹקְלִין אוֹתוֹ. הָאוֹמֵר אֶעֱבֹד, אֵלֵךְ וְאֶעֱבֹד, נֵלֵךְ וְנַעֲבֹד. אֲזַבֵּחַ, אֵלֵךְ וַאֲזַבֵּחַ, נֵלֵךְ וּנְזַבֵּחַ. אַקְטִיר, אֵלֵךְ וְאַקְטִיר, נֵלֵךְ וְנַקְטִיר. אֲנַסֵּךְ, אֵלֵךְ וַאֲנַסֵּךְ, נֵלֵךְ וּנְנַסֵּךְ. אֶשְׁתַּחֲוֶה, אֵלֵךְ וְאֶשְׁתַּחֲוֶה, נֵלֵךְ וְנִשְׁתַּחֲוֶה. הַמַּדִּיחַ, זֶה הָאוֹמֵר, נֵלֵךְ וְנַעֲבֹד עֲבוֹדָה זָרָה:

Mesith (one who turns another astray (to idolatry): This is a hedyot (a plain person) who turns a hedyot astray. [Only a hedyot who turns one astray; for a prophet who does so is liable to death by strangulation. And not necessarily one who turns a hedyot astray. For we find no distinction between one who turns a hedyot astray and one who turns a prophet astray. The exclusion, rather, applies to a populace, as with those who turn a city of Israel astray, whose death is by strangulation.] (As when) one says to another: "There is a god in such and such place. Thus does it eat; thus does it drink. Thus does it confer favor (upon those who serve it). Thus does it punish (those who do not serve it)." "Snares" are not set for all of those liable to execution by Torah law except this. If he said ("Let us serve another god") to two men, and they are his witnesses, they bring him to beth-din and stone him. If he said it to one, he (the latter) says: "I have some friends who would like this." If he were clever and could not speak before them [i.e., if he told the one he would turn astray that he could not speak before them (because of his fear of beth-din)], witnesses are placed in concealment for him behind the fence, and he (the one he would turn astray) says to him: "Tell me what you told me in private" [i.e., "There is no one with us and you can now tell me what you told me before."], the other tells him, and he responds: "How can we forsake our G d in heaven and go and serve wood and stones?" If he desists, good; but if he says: "This is our duty, and it thus becomes us," those standing behind the fence bring him to beth-din and stone him. If he says [one of the following, he is a mesith (a "seducer" to idolatry) and liable (to stoning)]: "I shall serve," I shall go and serve," "Let us go and serve," "I shall slaughter," "I shall go and slaughter," "Let us go and slaughter," "I shall offer incense," "I shall go and offer incense," "Let us go and offer incense," "I shall pour a libation," "I shall go and pour a libation," "Let us go and pour a libation," "I shall bow down," "I shall go and bow down," Let us go and bow down." Madiach (one who turns [many] astray): This is one who says: "Let us go and serve idolatry" [i.e., he is not liable until he says it in the plural.]

הַמְכַשֵּׁף הָעוֹשֶׂה מַעֲשֶׂה חַיָּב, וְלֹא הָאוֹחֵז אֶת הָעֵינָיִם. רַבִּי עֲקִיבָא אוֹמֵר מִשּׁוּם רַבִּי יְהוֹשֻׁעַ, שְׁנַיִם לוֹקְטִין קִשּׁוּאִין, אֶחָד לוֹקֵט פָּטוּר וְאֶחָד לוֹקֵט חַיָּב, הָעוֹשֶׂה מַעֲשֶׂה חַיָּב, הָאוֹחֵז אֶת הָעֵינַיִם פָּטוּר:

A witch who performs [an actual] deed is liable [to stoning], but not one who "fools the eyes" [i.e., one who gives the impression that an act is being performed, when nothing is being done.] R. Akiva says in the name of R. Yehoshua: Two pick cucumbers [by witchcraft before us]. One picks and is not liable [to death (by stoning)], and the other picks and is liable. [How so?] The one who performs an act [i.e., the one who actually picks them through witchcraft] is liable. The one who "fools the eyes" [i.e., who gives the impression that they are being gathered in one place, when they are not moved at all] is not liable.