More Discussions for this daf
1. The "Hechsher Mitzvah" in honoring one's parents 2. Kibud Av va'Em vs. Other Mitzvos 3. Insights to the Daf
4. Kibud Av 5. Mi'Toch 6. Setirah in Tosfos
7. Rashi says Bitmiah 8. כיביד אב ואם ומצוות אחרות
DAF DISCUSSIONS - YEVAMOS 6

Shlomo Ahron asked:

We know that Beis Din can't kill on Shabbos and Yom Tov. However, why can't Beis Din kill on Yom tov; use the svara of MiToch, namely, just as we allow netilas nishama on Yom Tov so too we should allow killing a person (when there's no lav of Lo Tsirtzuch, since Beis Din has the right to kill him)? Bi'Shlama you'll tell me that sraifa entails bishul, how about hereg or cheneck?

Thank you very much!

Shlomo Ahron, Monsey, USA

The Kollel replies:

Rav Yosef Shaul Natanzahn asks this question in his Responsa (Sho'el u'Meishiv 5:38). He suggests that we do not say Mitoch to permit a Mitzvah since Tzorchei Shamayim are not called a Tzorech for Mitoch. Alternatively, he says that we may not make a Gmar Din on Erev Yom Tov if we would then need to say Mitoch on Yom Tov. According to this reason, if Beis Din did in fact make a Gmar Din on Erev Yom Tov they may carry out the ruling on Yom Tov.

Dov Freedman