Ki Seitzei

The passuk states about a person who has the punishment of being stoned, “do not leave him on the gallows overnight; rather bury him on that day כי קללת אלוקים תלוי.” What does this mean and how is it a reason not to leave a person on the gallows overnight?

Rashi explains: קללת אלוקים refers to a person who curses Hashem and deserves the punishment of stoning, תלוי, he also needs to be hung. After being hung he needs to be taken down which Rashi explains with a parable of twins, one a ruler and one a robber. The robber is caught and is sentenced to be hung. When he is hung, people see this person who looks just like the ruler and it seems that it is the ruler himself is being hung, and they say, “The ruler is hung!” It is a shame and disgrace to the ruler for his people see, therefore he removes the one sentenced from the gallows soon after. So too, we are created with the features of Hashem and are בנים to Hashem. It is a disgrace and shame to Hashem for His children to be hung for people to see. The Torah says ותלית… “and you shall hang him upon the gallows” so that people will see and take the lesson to be afraid of sinning so as not to receive this punishment. Yet, the Torah states לא תלין “do not leave him overnight” so as not to be a disgrace and shame for Hashem.

Onkelos explains the reason not to leave a dead person overnight is because it is a disgrace and shame for a person to be seen hung for his sin. The words כי קללת אלוקים תלוי mean “for that which he sinned before Hashem.” The Nefesh HaGer explains that Onkelos does not translate literally that קללת אלוקים refers to Hashem, but rather to a person who sinned before Hashem, because he is extremely careful not to explain in a way that might bring any denigration to Hashem. The passuk is teaching that Hashem has pity on the honor of a person and does not want to embarrass him, therefore the Torah states “do not hang him overnight.”

The Braiysa teaches that a person is hung at the end of the day right before שקיעה, and is immediately taken down. One person ties him to the gallows to fulfill the mitzvah of hanging, and a second person immediately unties him to take him down. There is no time that elapses between hanging and taking down. Although a person is hung for cursing Hashem or worshiping idolatry, and is deserving of the death penalty and being hung, he is only hung the bare minimum. Hashem cares about His children and does not want to disgrace or shame them.

May Hashem help us learn from Him to pay attention and be sensitive to other peoples’ feelings and honor.