*7.4 Makkos Daf 05 B (19 lines Up)*

*7.4 Makkos Daf 05 B (19 lines Up)**Summary**Question:* How do we know that the laws of our _mishna_ (7.2) regarding _gemar din_ apply to the *punishment of _malkos_* as well?*Answer:* There is a *_gezeira shaveh - rasha_* (which is written regarding *_misah_* ) and *_rasha_* (which is written regarding *_malkos_* ).*Question:* And how do I know that this applies to the punishment of *_galus_* (for unintentional murder) as well?*Answer:* There is a *_gezeira shaveh - rotzeach_* (which is written regarding *_murder_* ) and *_rotzeach_* (which is written regarding *_unintentional murder_* ).*Beraisa:**Rabbi Yehuda ben Tabai* (a head of the Sanhedrin): I wish to see in our national consolation! (although he lived during the time of the _bayis sheini_ , they longed for the return of the _shechina_ like in the _bayis rishon_ ) Because I (and my Sanhedrin) put to death an _eid zomeim_ to disprove the _tzedukim_ who say an _eid zomeim_ is only killed after the person he accused was killed (7.2).(There is a difficulty here, because it seems that he only killed the _eid zomeim_ to disprove the _tzedukim,_ while in reality Sanhedrin has an obligation to judge _edim zoimemim_ ).*Shimon ben Shatach:* You killed a man for nothing! The _chachamim_ clearly say that “ _Eidim zoimemim_ are only put to death if *both* are found to be _zoimemim,_ (and you only found one of them to be a _zoimeim_ ) and they only receive _malkos_ if both are found to be _zoimemim_ ”.Rabbi Yehuda ben Tabai immediately accepted upon himself *not to render any decisions* without running them by *Shimon ben Shatach.* Additionally, *every day he went to the cemetery,* to the grave of the _eid_ he had ordered killed and spread himself out on the grave, and people would hear *a wailing sound* from the cemetery. The people thought it was *the sound of the dead man crying,* but the rabbi told them *it was his voice* (since he had committed a sin that was known to the people, he wanted to let them know he was doing _teshuva_ ), he told them, you’ll see it’s my voice because *as soon as I die, you will no longer hear wailing.**Rav Acha son of Rava* commented to Rav Ashi: *What proof is that?* Once Rabbi Yehuda ben Tabai is in the next world the dead man can take him to the *heavenly court.* Or they can discuss matters and he’ll *be appeased.* See acast.com/privacy for privacy and opt-out information. This podcast has been graciously sponsored by JewishPodcasts.fm. There is much overhead to maintain this service so please help us continue our goal of helping Jewish lecturers become podcasters and support us with a donation: https://thechesedfund.com/jewishpodcasts/donate