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

[Micha Berger]

On Mon, Nov 08, 2010 at 07:01:52PM -0500, Zev Sero wrote:
> On 8/11/2010 7:03 PM, Micha Berger wrote:
>> 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).

> The Rosh seems to have taken a broader view of the power given him by
> the king.

I'm missing something... I asserted that courts have two capacities that
justify execution:

1- The halachic requirement of dinei nefashos, and
2- The obligation of every society to protect its citizenry.

Now the king could affirm that general right for an autonomous Jewish
community to execute people. But how could the king distinguish between
the reasons for killing? And, how could he reverse the requirement for
the beis din hagadol to meet in the lishqas hagazis, a beis din of 23,
eidus, hasraah, etc... that is necessary for the accused to be chayav
misas beis din?

So, even if he found this rav guilty of being a zaqein mamrei, how could
the king change the fact that it doesn't cause a chiyuv misas beis din?

All of the above criteria aren't necessary when the beis din have to
kill someone to eliminate a threat...

Tir'u baTov!
-Micha

-- 
Micha Berger             A person lives with himself for seventy years,
micha at aishdas.org        and after it is all over, he still does not
http://www.aishdas.org   know himself.
Fax: (270) 514-1507                            - Rav Yisrael Salanter