John Gill Commentary John 8:5

"Now in the law Moses commanded us to stone such: what then sayest thou of her?" — John 8:5 (ASV)

Now Moses in the law commanded us, that such should, be
stoned

Not in (Leviticus 20:10); for though according to the law there, an adulteress, one that was a married woman, and so an adulterer, that was a married man, were to be put to death; yet the death was not stoning, but strangling; for it is a rule with the Jews ^F7 , that where death is simply mentioned (without restraining it to any particular kind) strangling is intended, and which rule they apply to this law: and accordingly in their Misna, or oral law, one that lies with another man's wife, is reckoned among those that are to be strangled ^F8 :

Kimchi indeed says ^F9 , that adulteresses, according to the law, are to be stoned with stones; but then this must be understood of such as are betrothed, but not married; and such a person, Moses has commanded in the law, to be stoned, (Deuteronomy 22:23Deuteronomy 22:24) . And with this agree the traditions of the Jews ^F11 ; ``a daughter of Israel must be stoned, who is (hawvn alw) (howra) , "betrothed, but not married".''

And such an one we must believe this woman was; she was betrothed to a man, but not married to him, and therefore to be stoned:

the Jews ^F12 have also a saying, that if all adulterers were punished with stoning, according to the law, the stones would be consumed; but they would not be consumed;'' adultery was so common with that people:

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but what sayest thou ?
dost thou agree with Moses, or not?

FOOTNOTES:

• F7: Maimon. Hilchot Issure Bia, c. 1. sect. 6.
• F8: Misn. Sanhedrin, c. 10. sect. 1.
• F9: In Ezek. xvi. 40.
• F11: T. Bab. Sanhedrin, fol. 51. 2.
• F12: have also a saying, that if all adulterers were punished with stoning, according to the law, the stones would be consumed; but they would not be consumed;'' adultery was so common with that people: