Sefer HaMitzvos

מצות עשה רכ״ו–רכ״ז, ר״ל–רל״א · מצות לא תעשה ס״ו

Day 315 of 339

Positive Mitzvah 226

Execution by Beheading

Exodus 21:20 "[The sin] shall surely be avenged"

This Positive Mitzvah concerns the punishment of beheading a person who transgressed a sin serious enough to require this severe penalty.

Positive Mitzvah 227

Execution by Strangulation

Exodus 21:16 "He shall be put to death"

This Positive Mitzvah concerns the execution of a person by strangulation.

Positive Mitzvah 230

Hanging

Deuteronomy 21:22 "And you shall hang him on a tree"

Some sins are so serious that the court is commanded to publicly hang the corpses of the transgressors.

The hanging takes place only after the person is put to death by the Beit Din. People will then see the severe consequences of violating HaShem's will.

Positive Mitzvah 231

Burying the Dead

Deuteronomy 21:23 "You shall surely bury him on the same day"

We are commanded to bury the body of a deceased person on the same day he died. This law applies to executed criminals and to those who have died from any other cause (see Negative Mitzvah 66).

Negative Mitzvah 66

We are forbidden to leave a person unburied overnight

Deuteronomy 21:23 "His body shall not remain all night upon the tree"

Man was created in the image of HaShem and we must respect the body of a human being, even if he is no longer alive.

At times, a Beit Din may order the execution of a criminal and, after his execution, have the corpse hung as an example to the people. (See Positive Mitzvah 230). The corpse may not be left hanging overnight. Rather we must take the body down before sunset and bury it on the same day.

This law also applies to anyone that passes away.

We are forbidden to delay the burial to the next day, except in cases where it is required for respect and honor of the dead person. In a case where arrangements for the funeral have to be made, or relatives and friends need time to get to the funeral, such a delay is permissible.