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THE DAFYOMI DISCUSSION LIST
brought to you by Kollel Iyun Hadaf of Yerushalayim
Rosh Kollel Rabbi Mordecai Kornfeld
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Re: Makos 011b: Praying that the court should err
The Kollel wrote:
>>If the person indeed killed accidentally, then why should he Daven that
>>the judges of the Sanhedrin find him innocent and exempt him from Galus?
>>How can he pray that Sanhedrin err in their judgement of the killer? If
>>the killer is guilty, then he should be judged accordingly!<<
Carl M. Sherer <[EMAIL PROTECTED]> asked:
Couldn't you also answer this by saying that the Kohain Gadol should
have davened for a hak'chasha between the eidim (e.g. bdika b'uktzin
shel te'anim)?
Carl M. Sherer
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The Kollel replies:
The main points of the question is, why should someone pray that justice
not be done? If the witnesses contradict each other, justice will still not
be done, and a murderer will escape unharmed.
The answers given in Insights are either that there will be no need for
justice, since the sinner has fully repented. (In such a case, the sinner
might indeed be exonerated by means of a contradiction of witnesses or any
other "fault" in the testimony or in the logic of the judges.) Second, when
all the justices find a person guilty he is exonerated from punishment
(perhaps because he does not deserve an atonement). The Kohen should have
prayed for that to happen. Although this will mean that the sinner will not
be atoned by the court's ruling, nevertheless, if the sinner desires
atonement, he can always willingly exile himself and achieve atonement,
after proper repentance (see Insights to Makos 10:3).
M. Kornfeld
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