דברים, פרק י״ז, פסוק ה׳

The severe betrayal of idolatry is met with a strict and public judicial response, emphasizing both personal accountability and precise legal proceedings. When addressing individuals who choose to stray from the faith to worship idols, the law demands absolute certainty regarding their state of mind. Punishment is reserved exclusively for those who act with full awareness, willingness, and a complete mental resolve. Anyone who acts under coercion, by mistake, or out of ignorance is entirely exempt from this penalty [תורה תמימה, אדרת אליהו]. Furthermore, the severe consequences are strictly limited to the ultimate act of accepting the idol as a true deity. Lesser expressions of affection toward an idol, such as hugging or kissing it, do not incur this ultimate penalty [אדרת אליהו].

Addressing both men and women directly serves several vital legal and conceptual functions. The primary approach among commentators is that this limits the scope of this specific judicial process to individuals. Individual idolaters are tried before a local court of twenty-three judges and face execution by stoning. This stands in sharp contrast to an entire city or tribe that falls into idolatry, which must be judged by the Great Court of seventy-one judges and faces execution by the sword [העמק דבר, רש ר הירש, רלב״ג, נחל קדומים, אדרת אליהו]. Additionally, highlighting both genders emphasizes that a woman shares equal responsibility for her actions. Her participation in idolatry is not dismissed as mere naivety or a lack of understanding, but is treated as a fully conscious, ideological choice [הכתב והקבלה, ספורנו]. Other perspectives view this as a rhetorical emphasis to ensure that no misplaced mercy is shown to the guilty, regardless of their gender [בכור שור, ביאור יש״ר].

A significant discussion surrounds the exact location where the sentence is carried out. One perspective argues that the execution takes place at the gates of the very city where the sin was committed. Returning the guilty person to the scene of the crime serves as a powerful, public demonstration that the idol worshipped there is completely powerless to save its follower [רש״י, מזרחי, שפתי חכמים, גור אריה, ספורנו]. Conversely, a broad consensus interprets the gate as the traditional seat of the judges. Under this view, the individual is brought from their home directly to the local court for a public trial in a highly visible area [חזקוני, הכתב והקבלה, תורה תמימה, אוהב גר, ברכת אשר]. However, an important historical and practical exception exists: in a city with a non-Jewish majority, the execution was moved away from the public city gate and held near the entrance of the court to avoid provoking the anger of the local population [תורה תמימה, רש ר הירש, נתינה לגר, ברכת אשר].

Finally, the method of execution applies equally to both men and women [אבן עזרא, חזקוני, בכור שור]. The procedure dictates a continuous process: while ideally a single stone should suffice to bring about a swift death, if it fails, additional stones are thrown until the sentence is complete [תורה תמימה]. The concept of stoning broadly defines the category of the penalty, encompassing similar methods of causing death, such as throwing heavy earth, to fulfill the court's decree [רלב״ג].