Thursday, July 27, 2006
The Power of a Beis Din to Create a Halachic Metzius
The shul in which I daven in the morning has a copy of the "banned" sefer of R' Chaim Kanievski's often one word answers to the many questions some fellow directed at him - it's called "Doleh u'Mashkeh." One of the very interesting responses was to the question of the status of a person condemned by a Beis Din to death who himself knows that he did not commit the crime in question. Is this person allowed to turn around and kill the Shaliach Beis Din who comes to execute him? R' Chaim responded that in Sanhedrin 82a we only see that in the case of Zimri (Bo'el Aramis) would he have been justified in killing Pinchas - the inference being that all other Chayavei Misos Beis Din are not allowed to kill their executioners. In response to a follow-up question, R' Chaim acknowledged two sevaros at work here: "Chiyuv mechudash," and "Rodef b'ones" (the author questioned the second sevara on the basis of the case of a fetus that is being rodef the mother, ach yesh l'yashev). The first pshat is very much in line with my contention in the question of the permissibility of killing lice on Shabbos: Chazal are kovei'a the Halachic Metzius.