133. What Cities Are Condemned?

Avodas Kochavim 4:2

A city is not condemned for being led astray until two or more people try to lead the residents astray as per Deuteronomy 13:14, “Lowly people have emerged....” The ones who lead them astray must be from that same Tribe and that same city, as the verse continues, “from your midst.” The ones led astray must constitute the majority of the city's population. Those involved must be at least 100 in number, up to a majority of the Tribe (not inclusive). If the majority of the Tribe is led astray, they are judged as individuals, as implied per Deuteronomy 13:15, “the inhabitants of the city.” This is taken to mean neither a small village nor a major metropolis. Fewer than 100 are considered a small village; the majority of the Tribe is considered to be a major metropolis.

The laws of a condemned city also do not apply if the ones who led them astray were women or children; if the people were led astray by a single individual; if only a minority of the population was led astray; if the population turned to idols on their own; or if those who led them astray came from another city. In any of these cases, those who worshipped idols are judged as individuals. Those found guilty would be executed by stoning and their property given to their heirs as is the case with anyone else executed by the courts.

Halach Avodas Kochavim 4:3

The laws of the condemned city are only administered by the court of 71 judges, as inferred from Deuteronomy 17:5, “You shall take the man or woman who did that evil thing to your gates.” Individual violators are executed by the local courts, which are found at each city’s gates. A large group could only be executed by the great Sanhedrin.