(Mishnah): After the final verdict (if he was sentenced to be stoned), he is taken to be stoned. Beis ha'Skilah was outside of Beis Din - "Hotzei Es ha'Mekalel El mi'Chutz la'Machaneh.''

Ploni stands at the door of Beis Din, holding a flag; a horse [and rider] is far away, [but close enough] to see if he will wave the flag. If someone has a reason for Zechus, Ploni waves the flag, and [Almoni and the horse] race to stop [the defendant, to return to be judged again].

Even if the defendant himself gives a reason for Zechus, we return him to Beis Din, even four or five times, on condition that there is substance to his words.

(Gemara): Our Mishnah is like Rebbi, or like Rabanan, in a city of Nochrim;

(Beraisa - Rebbi): "Bi'She'arecha'' - this is the gate where they were found [serving idolatry];

Question: [Why do] you say so? Perhaps it is the gate in which they were judged!

Answer: It says here bi'She'arecha, and it says below "Ki Yimatzei v'Kirbecha b'Echad She'arecha'' - just like She'arecha said below is the gate where they were found, also She'arecha said here is the gate where they were found.

Rabanan say, "bi'She'arecha'' - this is the gate where he was judged.

Question: [Why do] you say so? Perhaps it is the gate in which he was found!

Answer: It says here bi'She'arecha, and it says below "v'Hotzeisa Es ha'Ish ha'Hu Oh Es ha'Ishah ha'Hi El She'arecha'' - just like She'arecha said below is the gate where he was judged, also She'arecha said here is the gate where he was judged.

(R. Yochanan): Initially, whether or not his words have substance, we heed him [to return him to be judged again]. After this, if his words have substance, we heed him. If not, we do not heed him.

[Our Mishnah says that we return him] only if there is substance to his words - this refers to his latter words. (The first two times, we return him in any case.)

Question (Chizkiyah): If one was going out to be killed, and became mute, do we say that had he not become mute, he would have found a reason to acquit himself?

Objection (R. Yochanan): This is a donkey's question! (Surely, since he did not say anything, we are not concerned. Surely, my Rebbi Chizkiyah did not ask this!)

Correction: Rather, if one was going out to be killed, and said "I have a reason for Zechus for myself'' and became mute, do we say that had he not become mute, he would have given a reason to acquit himself?

R. Yochanan: This is a proper question!

(Mishnah): If they find Zechus for him, they exempt him immediately. If not, he is taken to be stoned. They announce in front of him 'Reuven ben Shimon is being taken to be killed for this transgression. Ploni and Almoni are the witnesses. If anyone knows Zechus, come and give it'!

If an ox was being taken to be stoned, and its witnesses were found to be Zomemim, R. Yochanan says that whoever is first [to acquire it], he merited it. (It became Hefker when at the time of the final verdict, for the owner despaired.) Reish Lakish says, it is mistaken Hefker (it still belongs to the owner).

If a slave was being taken to be stoned, and witnesses were found to be Zomemim, R. Yochanan says that he acquired himself. Reish Lakish says, it is mistaken Hefker (he is still the slave of his master).

(Mishnah): When he was 10 Amos from Beis ha'Skilah, they would tell him to confess. Everyone killed by Beis Din confesses, for everyone who confesses has a share in the world to come.

We find so, that Yehoshua told Achan "Beni Sim Na Chavod... v'Sen Lo Sodah v'Hagid Li Na Mah Asisa Al Techached Mimeni; ... va'Yomer Amnah Anochi Chatasi la'Shem Elokei Yisrael vecha'Zos vecha'Zos Asisi.''

What is the source that this atoned for him? It says "va'Yomer Yehoshua Mah Achartanu Yakarcha Hash-m ba'Yom ha'Zeh'' - today you are sullied, but not in the world to come.

If he does not know how to confess, we tell him to say 'this should atone for all my sins.'

R. Yehudah says, if he knows that he was framed, he says 'this should atone for all my sins except for this that I am being killed for.' (I am innocent. I need no atonement for it.)

Chachamim: If so, everyone will say this to clear himself!

You find that when Achan sinned, Yehoshua began to appease Hash-m, and said "Master of the world! Inform me who is the man [who took from the spoils of Yericho].'' Hash-m said "I will not publicize [explicitly the sin of] any creation. Further, I would speak Leshon ha'Ra [without need]. Rather, stand up Yisrael according to their Shevatim and cast lots on them, and I will single him out.''

This is why it says "va'Yaskem Yehoshua ba'Boker va'Yakrev Es Yisrael li'Shvatav va'Yilached Achan ben Karmi ben Zarach l'Mateh Yehudah'';

Achan said "do you trap me through a lottery? The only Kesherim in the generation are you and Pinchas (from Dor ha'Midbar, only they merited to enter Eretz Yisrael). Cast lots on the two of you, and one of you will be caught!''

Further, Moshe your Rebbi died only 30 or 40 days ago. Did not Moshe our Rebbi teach "Al Pi Shnayim Edim [Yumas ha'Mes]'' (KORBAN HA'EDAH)? You [already forgot his teachings, and] begin to err!

At that time Yehoshua saw with Ru'ach ha'Kodesh that he will divide the land to Yisrael through a lottery - "va'Yashlech Lahem Yehoshua Goral.'' He said, [if I do not refute Achan's charge], from now we scandalize lotteries!

NOTE: Why did he need Ru'ach ha'Kodesh for this? Bamidbar 34:13,17 says that they will divide Eretz Yisrael through a lottery... via Elazar and Yehoshua! What does the verse of Yehoshua (cited here) add to the verses in Bamidbar? Perhaps one might have thought that the lottery will merely decide location (e.g. Dan is in the north), but the Sanhedrin will decide the boundaries, so that every Shevet get a portion worth the same amount (or proper amount, based on its population). Yehoshua saw prophetically that the lottery will decide everything, i.e. the exact borders of every Shevet, which the following verses in Yehoshua discuss. If so, there is more potential for complaints against the lottery! Therefore, Yehoshua saw the urgency to refute any dispute to a lottery's validity. (Perhaps this is the intent of the Me'iri, Sanhedrin 44a "i.e. everything will be through prophecy.'')

Further, if [the lottery] is sustained now, all of Yisrael will say "for capital cases it was sustained, and all the more so for monetary cases!'' And if [the lottery] is Batel now, all of Yisrael will say "in [the first lottery, which was] capital cases it was Batel, and all the more so [future lotteries, even if they are] in monetary cases!

At that time Yehoshua began to appease Achan. He made him swear with Elokei Yisrael, and told him "Beni Sim Na Chavod la'Shem Elokei Yisrael.''

"Va'Ya'an Achan Es Yehoshua va'Yomer Amnah'' - what is Amnah? In truth, I sinned to Hash-m Elokei Yisrael.

(Achan said "vecha'Zos vecha'Zos Asisi.'' Yehoshua) said, I asked you [to confess to] one [Aveirah], and you told me two!

[Achan] said "I trespassed in the Cherem of Midyan, and in the Cherem of Yericho.''

(R. Tanchuma): He trespassed in four Charamim- in the Cherem of Kena'ani Melech Arad, in the Cherem of Sichon and Og, in the Cherem of Midyan, and in the Cherem of Yericho.