*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.