135. Carrying Out the Penalties of a Condemned City

Avodas Kochavim 4:6

If all the conditions enumerated in 4:5 were met, then the great Sanhedrin sends messengers to investigate until they have clearly determined that the entire city, or the majority of its population, has turned to idolatry. Next, they send two Torah scholars to warn them and to try to get them to repent. If they repent, that’s the end of it, but if they continue, then the Sanhedrin commands the entire nation to take up arms against them. They attack the city and wage war against it until it falls. Once the city falls, many courts are set up to judge the people. Anyone whom two witnesses testify worshipped an idol after being warned is put aside. If those who worshiped the idol are only a minority of the city's population, they are executed by stoning and the rest of the city is saved. If those put aside are the majority of the population, they are brought to the great Sanhedrin for the conclusion of their judgment. Whoever is found guilty of idolatry in such a case is executed by beheading.

If the entire city was led astray, the entire population, including the women and the children, are executed by the sword. If a majority of the population was led astray, the violators’ wives and children are executed by the sword. Whether the entire city or a majority of the population was led astray, the enticers are executed by stoning. All the property in the city it is gathered in the town square. If it doesn’t have a town square, one is made. If the town square is outside the city, its wall is extended to include the town square as per Deuteronomy 13:17, “in the middle of its town square.” All live animals among the property are slaughtered. Inanimate property and the city itself are burned with fire as Deuteronomy 13:17 continues, “Burn the city and all its wealth completely.”

Avodas Kochavim 4:7

The property of the righteous individuals who were not led to idolatry along with the majority that is within the city must be burned together with all its property. Since they lived there, their wealth must also be destroyed. If anyone benefits even a little from the condemned property, he is punished with lashes for violating “Let nothing of the condemned property remain in your possession” (Deuteronomy 13:18).