פרשת כי תצא - כי בצלם אלקים עשה את האדם

(22) If any party is guilty of a capital offense and is put to death, and you impale the body on a stake, (23) you must not let the corpse remain on the stake overnight, but must bury it the same day. For an impaled body is an affront to God: you shall not defile the land that your God יהוה is giving you to possess.

כי קללת אלהים תלוי FOR HE THAT IS HANGED IS A קללת אלהים — i.e., a degradation of the Divine King, for man is made in His image and the Israelites are His children. A parable! It may be compared to the case of two twin brothers who very closely resembled each other: one became king and the other was arrested for robbery and was hanged. Whoever saw him on the gallows thought that the king was hanged (Sanhedrin 46b). — Wherever the term קללה occurs in Scripture it has the meaning of bonding in light esteem and despising, as e.g., (1 Kings 2:8) “[Shimei the son of Gera, a Benjamite of Bahurim] who cursed me with a severe curse (קללני קללה נמרצת)” (cf. II Samuel 16:5—8).

AND THOU SHALT HANG HIM. “Our Rabbis have said: All that have been stoned must be hanged. It is this which is stated, for he that is hanged is a reproach unto G-d, and is a degradation of the King, for man is made in the image of the King, and the Israelites are His children. There is a parable of two brothers who resembled each other etc.” This is Rashi’s language. “All that have been stoned must be hanged” are the words of an individual Sage [i.e., Rabbi Eliezer], but the law is according to the words of the Sages that no offender [executed by] stoning is hanged save the blasphemer and the idolator. This is the sense of the phrase, for he that is hanged is a reproach unto G-d, — because people will say, “Why was this person hanged? Because he blasphemed G-d or worshipped a particular idol by means of this particular service, and he saw therein this sign or wonder.” The discussion of the idol and the service thereof are considered a k’lalah [“a reproach” to G-d]. Or it is an expression of “degradation” as the Rabbi [Rashi] mentioned, from the expressions and he cursed me with a grievous ‘k’lalah (curse); that his sons did bring ‘a curse’ upon themselves [both verses being expressions of] contempt. And the parable concerning the twin brothers contains a secret; it does not refer, as the Rabbi thought, to the Israelites who are called the children of G-d.In line with the simple meaning of Scripture the verse is stating: “If a man has committed a great sin for which he is deserving of death and of hanging on a tree because of the grievous nature of his sin, nevertheless his body shall not remain all night upon the tree, for the most accursed and blasted of all people is the hanged. Among all forms of death, there is none as ugly and despicable like it [this degradation of the human body], and it is not fitting that we defile the Land and that G-d’s curse be within the Holy Land, for there the Eternal commanded the blessing, even life forever. Therefore Joshua commanded and they took them down off the trees.In my opinion the affair of Saul’s children who were left hanging was because they were not hanged by a court of Israel, nor by any Israelite. Rather, David who turned them [the seven members of Saul’s family] over to the Gibeonites to do as they pleased with them, and it was they who hanged them [Saul’s relatives] and did not wish to bury them in order to demonstrate their vengeance against Saul’s family, and those that remain shall hear, and fear. But when water was poured upon them from heaven then David knew that their sin had been forgiven, and that G-d was entreated for the Land, that the Eternal had remembered the Land with rain and the famine would end. Then he commanded and they [the Israelites] buried them with their fathers in honor of their royal status. David bore no guilt at all [in the entire affair], for we were commanded only that we not defile the Land by allowing someone whom we hanged [to remain on a gallows overnight]. Now, G-d did not want to forgive their sin [i.e., the sin of Saul’s conduct towards the Gibeonites] immediately in order to let it be known that G-d loves proselytes, as our Rabbis have said.And Rabbi Abraham ibn Ezra said by way of the plain meaning of Scripture [that the phrase ki kilelath Elokim talui means] “that it is G-d Who invokes the evil, and the curse will descend upon the place near the hanged person, for there is a secret [in the fact that the contaminated air surrounding the corpse] affects the soul [of the living]. Therefore thou defile not thy Land. ” Thus whoever allows the body [of a criminal] to hang overnight transgresses both a negative commandment [his body shall not remain all night upon the tree] and a positive commandment [but thou shalt surely bury him the same day]. Our Rabbis have likewise interpreted that the same law applies to all other dead, that whoever suffers his dead to remain overnight, except in order to render it honor, [violates the above commandments]. Just as [leaving the criminal hanging overnight upon] “the tree” is a form of disgrace, so all forms of disrespect [shown to the dead are also forbidden]. Now, according to the opinion of the Rabbis [that this law applies equally to every deceased, we must say] that the phrase ki kilelath Elokim talui states that “although this criminal is deserving of disgrace” because of his great sin, nevertheless you shall not do so. And the parable of the two brothers [mentioned above] applies to everyone who suffers his dead to remain overnight. So also the curse [emanating from a corpse] to which Rabbi Abraham ibn Ezra referred, applies to every house where there is a dead person, and therefore he defiles everyone that cometh into the tent, and every thing that is in the tent.