[Avodah] "the miracle of judging by smell" was (Re: R. Akiva, Bar Kochba and Zecharya HaNovi)

hankman hankman at bell.net
Mon Oct 23 20:57:36 PDT 2017


From: Micha Berger
Sent: Monday, October 23, 2017 4:16 PM
> But say I understand him as per REMT's post, noting that in 3:10 the
> Rambam singles out the king's power to kill murderers (eg without
> hasda'ah, where there was only eid echad, etc...) -- implying that
> retzichah yes, other issurim, the king could not. (Mikelal lav...)
> 3:8 really only discussed rebellion and lesse majeste (moreid bemekeh
> and mevazeh es hamelekh o hamchorfo). I don't see hasha'ah tzeikhah in
> the Rambam; I'm taking your word for it. Still, I can ask the parallel
> question:

> Wouldn't if be far far better if the melekh hamashiach had a supernal
> ability to know who is really guilty, and not kill the wrong guy?

> He might not legally need the power, but it would be a good thing for a
> king to have in order to be effective and fair.

My own initial impression unlike REMT is that the Rambam in 3:10 was not
limiting this to only rotzeach, but dealing with case of max punishment
or similar punishment and kal vechomer for cases of lesser punishment,
however on rereading the Rambam after reading REMT I can see his point
of view, but I am not sure I am fully convinced. I did a quick look
around and found that the Or Sameiach on the Rambam at 3:10 has a long
discussion on this issue as to whether the melech only has this power for
a rotzeach where it is a danger to the rabim but not to enforce laxity
of bein adam lamokom such as dinei shabbos, or if there was a breach
even in these other areas whether the melech could act extra judicially
there as well. There is a reference to a Y. Sanhedrin that implies that
Dovid hamelech wold have executed for mishkav behama al pi eid echod --
so not just rotzeiach. See also the Rambam H. Rotzeiach P 2:4-5 where he
broadens this extra judicial power to beis din as well but under horoas
sha'o rather than takonas olam. (Not sure if the different label implies a
difference in the respective extra judicial powers or not). See the Kesef
Mishna there who mentions a case of chilul Shabbos. My simple reading
there is that the Rambam seem to equate the reach of the extra judicial
power of b"d to that of the melech to punish when found necessary either
due to horo'as shao or takonas olam respectively. (Not clear to me if
the different reasons lead to a different scope or not).
But it seems that yeish lekan veyeish lekan.

I hear your point about moreiach being a good reassurance that his pesak
is correct even if not really necessary to render his judgment.

Kol tuv
Chaim Manaster



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