Description
In tools for brisk we distinguish between the "cheftza" (entity) and the Gavra (persona). In this shiur for Parhshat Shoftim & Masechet Sanhedrin 88b, we will study the sugya of the Zaken Mamre (rebellious elder). Why he is put to death? Is the chiyuv of the zaken engendered by the latter's hora'ah which contradicts the hora'ah of the Bet Din HaGadol (cheftza), or is the zaken chayav for undermining the honor of the judges (gavra) whose verdict he dismisses? Would the members of the court be allowed to waive or pardon (i.e. grant "mechilah") and effectively alleviate the zaken of his chiyuv? We will analyze the machlokes bet R' Kahana & R' Eliezer regarding the nature of the rebellion of the zaken against the High Court of Israel.
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