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DEVARIM

Parshas Shoftim

Why Were False Witnesses' Punishments Announced Publicly?

Part of Devarim

A class on Parshas Shoftim's law of false witnesses, exploring the requirement to publicize their punishment and the lesson that real teshuva must prevent others from repeating the same sin.

Audio Transcript
Intro to the law of false witnesses (עדים זוממים)

vort from the Rebbe on this week's parsha, Parshat Shoftim. One of the halachot we learn about in Parshat Shoftim is the din of עדים זוממים, which means that if two witnesses testify that somebody did an aveirah, let's give an example, that he was מחלל שבת and he deserves to get killed by Beit Din, and then other two witnesses come later and say that עמנו הייתם, that at the time you claim you saw him being מחלל שבת you were with us some place else, which means that what you're saying is false testimony. So in this case the din is ועשיתם לו כאשר זמם לעשות לאחיו, you would do to the false witnesses what they wanted to have done to the people they were, the person that they was testifying falsely about. And in the case, the example I gave with חילול שבת, they wanted to have that person killed, they will be killed. And the pasuk continues and says, והנשארים ישמעו ויראו, and the others, other people who are left over, in other words, other people besides the people who were killed, will hear ויראו, and they will be afraid, ולא יוסיפו לעשות כדבר הרע הזה בקרבך, and they will not do the bad thing that these people did. And Rashi says what it means is that whenever you kill two witnesses for being עדים זוממים, Beit Din would have to make an announcement, איש פלוני ופלוני נהרגו על שהוזמו בבית דין, that this and this person were killed, these people were killed because they were עדים זוממים. Now

Rashi’s rule about public announcement of the execution

simple pshat, it seems to be that this is for the purpose of other people not copying them. The reason we have to make this announcement that everyone will know that they were killed for this reason, so other people shouldn't do the same. Because otherwise other people who know that these people testified false will also do it. But if they hear that for doing that they were killed, then they will not do it. And simple pshat is it's for the benefit of other people that nobody should copy them because they will hear that they deserved this punishment and no one will copy them. But the Rebbe goes a step deeper and he says it's not only for the benefit of others that no one should do the same, but this that we want that no one should do the same is for the benefit also of the people who were killed. The whole reason you kill the עדים זוממים or do to them whatever they wanted to have done to the person they testified about is for a kapparah. By doing it to them, for instance in this example that when you kill them, they get a kapparah, they are forgiven for the aveirah that they did. But if there are other people who would do the same as they did, copy them, without knowing that they were punished and mimeila they could still continue to do it, the kapparah will not be complete for the people who will be killed. Because how could you say that the aveirah they did is wiped out completely when the aveirah is still there? The aveirah gave birth that other people will do the same. It's

Analogy: forbidden marriage and lingering sin of a מוּמזר

similar to what the Gemara says that if somebody married somebody that you're not allowed to, that's forbidden, and had a child which is a mamzer, so as much as the person who did the aveirah will do teshuvah, he will not be forgiven completely. Because the aveirah that he did is still existing. It's existing in the shape, in the form of a body of another person, of a mamzer. So as long as there is a continuation to the aveirah, his kapparah is not complete. The same thing here also. When these עדים זוממים did the aveirah, even if they will be killed, mimeila they will have a kapparah, but as long as there are other people who might do the aveirah because they knew that they did it, not knowing that they were punished, will continue doing it, that means that the aveirah that these people did has a המשך and mimeila the kaparah will not be complete. In order for the kaparah, the forgiveness for the עדים זוממים themselves should be complete, you have to make sure that there is no המשך to the aveirah. So therefore the דין is that בית דין has to make an announcement to make sure that everyone knows about it. Mimeila no one will do it, so there will be no continuation for the aveirah after they're killed, and mimeila they will have a complete kaparah. And the

Lesson: teshuva must prevent others from repeating the sin

lesson we take from here is that when a person does teshuvah, whether he did an aveirah, a specific aveirah and did teshuvah, or he is a generally a baal teshuvah and he does teshuvah and Hashem forgives him, but if there's a possibility that because of the aveirah that he did, other people will continue doing it, then even though he does teshuvah, the teshuvah will not bring the complete kaparah. Because after all, how could you say that the aveirah is wiped out when the aveirah is still continuing, someone else is doing something bad because of him? So his bad behavior has a continuation after he did teshuvah. So if you know that somebody else might be doing the same thing because of you, so in order to be completely forgiven, you have to make sure that all the people who might be doing the aveirah because they know you did it, you have to go to them and make sure that they don't do the aveirah, mimeila you will be forgiven completely for the aveirah that you did.

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