Ok, per Jewish law this is how it would work. The person had to be witnessed by no less than three people committing the act, the testimonies of those three people had to be close but no match word for word, the person had to be warned that the act they were committing could carry the death penalty, and a court has to decide that they want to use the death penalty.
Yes. This verse we're discussing makes it clear that there are no witnesses in this scenario, so the necessary legal process leading to a death penalty could not be accomplished.
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