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This is a very strange halacha. Once the action upon which his conviction is based already took place, what point is there to pray for a positive outcome? Perhaps he really deserves conviction, and there is nothing to do! The answer seems to be based on Tosafot (Makkot 7a). Tosafot posits that there are questions beit din does not have to ask witnesses, but if they ask and the witnesses do not know the answer, the defendant is not sentenced. The rationale behind this halacha is the idea of "the congregation will save him" (Bamidbar 35:25), based on which even with a small possibility of merit, we do not sentence a defendant in capital cases.
We can now understand the statements of Rabbi Akiva and Rabbi Tarfon and Rabban Shimon ben Gamliel (Makkot 1:10). The former two said that had they been in Sanhedrin, no one would ever have been convicted [because they would have found remote grounds for dismissing the conviction]. The latter said that had they done so, they would have increased murderers in Israel. Rabbi Akiva did not mean to invalidate convictions made by Sanhedrin. Rabban Shimon did not think that Rabbi Akiva’s system of exempting was invalid, for, if so, he would not have had to given a side reason of increasing murderers. So what was their dispute about?
Rabbi Akiva felt that one could ask questions that the witnesses would not be able to answer and in that way force an acquittal. Rabban Shimon reasoned that while one could force an acquittal in that way, it would be detrimental to society to make that happen. Rabbi Akiva probably agreed that if the state of society were such that creating acquittals would increase murderers he would have agreed not to do so. He just believed that Sanhedrin could improve the situation in a manner that precluded the danger of increased murder. We see then that only in societies where bloodshed is taken as seriously as it should would we encourage extricating the accused from punishments.
Now we can understand the gemara about the kohen gadol’s prayers. The fact that the effort was not made to get the murderer off on a loophole is an indication that the moral standing of the nation at the time of the sentencing was not what it should have been. For that we hold the kohen gadol responsible enough that his death is needed to free the unintentional murderer. How powerful is the message of a leader’s responsibility?!
Rabbis in Midrash
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The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
Chukat "HOW ENTEBBE STOLE THE BICENTENNIAL
The Difference Between Historic & Eternal"
As we approach America's 250th birthday, it's worth remembering her 200th Bicentennial birthday, on Jul. 4th 1976, when Israel "stole the show" by shocking the world & miraculously saving 101 hostages in a foreign continent. As Pres. As Pres. Trump decides which countries get priority in his new Middle-East, it's worth reminding him of the difference between historic events and eternally historic ones. This obviously connects with this week's parsha, as well!
Kuzari -Rabbi Ari Shvat Kuzari class 6 - The Parable of the King of India
The advantages of testimony over circumstantial evidence or philosophical speculation.
Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.
Ein Aya One Humanity, One Creator, One Jerusalem
Rav Kook innovatively and beautifully explains this aggadeta where our sages say that after Jerusalem was destroyed her cinnamon fragrance is only found locked in a particular kingdom's treasury.
