[Avodah] Eidem zomemim

[JRich at Sibson.com]

the gemara in makot states that if the accused was put to death and then the witnesses were zomeimed, then the original witnesses are not put to death. 

the kesef mishneh in hilchot eidut gives 2 reasons. The first is ein onshin min hadin and here the crime is so heinous that the earthly court putting him to death would be insufficient punishment. The 2nd reason is that if HKBH allowed the individual to be put to death by bet di he must have deserved it (a la behemtan shell tzaddikim) and thus can't kill eidim.The meiri offers a 3rd reason that to put them to death would require a new judicial process which would shine a light on bet din's error and so as to avoid this we don't put them to death.Any thoughts on the underlying philosophical differences? I have some but would like to hear others opinions.Ktjoel rich


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