[Avodah] The Rosh ruled that a rav was a zaken mamre

[Micha Berger]

On Mon, Nov 08, 2010 at 06:30:12PM -0500, Zev Sero wrote:
> On 8/11/2010 6:27 PM, Micha Berger wrote:
>> Would finding him chayav translate into the applicability of the onesh?
>> Doesn't a zaqein mamre need hasra'ah, a beis din hagadol meeting on har
>> habayis, etc... like other dinei nefashos?

> The Rosh did have the authority to impose the death penalty, and seems
> to have had no problem doing so.

Obviously not, for the reasons I gave.

Courts have the authority for uviarta hara'ah miqirbekha, but not the
dinei nefashos listed in halakhah. IOW, if a beis din in the 4 Aratzos
killed a murderer (including a malshin) without having a Sanhedrin in
the lishqas hagazis, it was based on the mitzvah benei Noach of having
batei din to create a safe society (or the Sinaitic equivalent).

In any case, that would mean that unless he thought lives were going
to be lost over the issue, declaring someone a zaqein mamrei does not
imply he intended a death sentence. Because that's the kind of dinei
nefashos that one doesn't do since their self-exile.

Tir'u baTov!
-Micha

-- 
Micha Berger             When faced with a decision ask yourself,
micha at aishdas.org        "How would I decide if it were Ne'ilah now,
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Fax: (270) 514-1507                            - Rav Yisrael Salanter