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

[Elazar M. Teitz]

      RMicha Berger wrote: > 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 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?      The Rosh was going to have him killed not by a beis din, but by the king, just as for the monetary fine, in which his instructions were to have the king fine him.  Undoubtedly, the king would have had him killed in the same manner as all state executions were done -- not necessarily the chenek prescribed by the Torah for zaken mamrei.  In other words, because the Rosh considered him a zaken mamrei, the king would accept the recommendation to have him killed by dina d'malchusa.  Hence, the formalities of misas beis din do not apply.
EMT
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