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The culprit must be a person of legal age and of sound mind, and the crime must be proved to have been committed of the culprit's free will and without the aid of others.
On the day the verdict is pronounced, the convict is led forth to execution. ), "The parents shall not be put to death for the children, neither shall the children be put to death for the parents; every man shall be put to death for his own sins", and rabbinic jurisprudence follows this principle both to the letter and in spirit.
And thou shalt stone him with stones, that he die; because he hath sought to thrust thee away from the LORD thy God, which brought thee out of the land of Egypt, from the house of bondage.
A conspicuous concrete case noted in the Bible was that of Achan, stoned to death together with his sheep, other livestock and his children for having pillaged valuables from Jericho during Joshua's Conquest of Canaan.
In modern times, allegations of stoning are politically sensitive; the government of Iran, for example, describes allegations of stoning as political propaganda.
The Jewish Torah (the first five books of the Hebrew Bible: Genesis, Exodus, Leviticus, Numbers, and Deuteronomy) serves as a common religious reference for Judaism.
The restrictions were to prevent execution of the innocent, and included many conditions for a testimony to be admissible that were difficult to fulfill.
Stoning is the method of execution mentioned most frequently in the Torah.
(Murder is not mentioned as an offense punishable by stoning, but it seems that a member of the victim's family was allowed to kill the murderer; see avenger of blood.) The crimes punishable by stoning were the following: If thy brother, the son of thy mother, or thy son, or thy daughter, or the wife of thy bosom, or thy friend, which [is] as thine own soul, entice thee secretly, saying, Let us go and serve other gods, which thou hast not known, thou, nor thy fathers; [Namely], of the gods of the people which [are] round about you, nigh unto thee, or far off from thee, from the [one] end of the earth even unto the [other] end of the earth; Thou shalt not consent unto him, nor hearken unto him; neither shall thine eye pity him, neither shalt thou spare, neither shalt thou conceal him: But thou shalt surely kill him; thine hand shall be first upon him to put him to death, and afterwards the hand of all the people.
The two-story height is chosen as this height is estimated by the Talmud to effect a quick and painless demise but is not so high that the body will become dismembered.
After the criminal has fallen, the two witnesses are to drop a large boulder onto the criminal – requiring both of the witnesses to lift the boulder together.