[Avodah] Apikores?

[Elazar M. Teitz]

     Regarding the need for Sanhedrin in the Lishkas Hagazis for malkus to be administered, RMicha Berger wrote, "The Smag (Lav 213) says malkos does as well."

     I responded, "True, but as RMB subsequently quoted, the Smag also says that malkos requires a beis din of 23, completely equating it with dinei n'fashos."

     However, I have since had the opportunity to see the Smag inside, and he says neither.  All he writes is that we learn from the g'zeira shava of "rasha rasha" that malkus only applies "bizman haSanhedrin" -- not "bizman sheSanhedrin b'Lishkas Hagazis."  All that means is that malkus requires musmachim, much as the same requirement, "bizman sheSanhedrin noheig," is used for the administration of dinei k'nasos.  He also makes no mention of 23, which if he were to require would certainly raise questions, since R. Yishma'el is a da'as yachid in the mishna.  Thus, there is no opinion requiring Sanhedrin to be in the Lishka for malkus to be administered, although it may be that according to R. Yishma'el malkus is completely equated to n'fashos in all its aspects.

EMT
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