IV-10 Massei Cities of Refuge
Scripture emphasizes intent, discerning between wilful and accidental death of the victim. Driopping paving stones off an overpass onto passing cars beneath would not qualify as accidental, as the intent is deliberate mischief with full knowledge that such behavior can cause horrific damage to the unwary travelers below.
Just as it is forbidden to give a false oath, it is also forbidden to give false testimony. If the testimony is proven false, the person must also endure the sentence imposed upon the defendent. Moreover, once the testimony is given in court, it cannot be retracted. Halacha establishes restrictions on those who cannot be relied on as witnesses, including children (as they can be prompted and manipulated), blind and those mentally incompetent. Similarly, judges are also restricted so that the defendent has fair hearing. Anyone who has some potential gain from a verdict is barred, since their intents become suspect.
Dr Tamari explains:
"Regarding both, the Torah requires action exactly corresponding to the damage, either the death of the perpetrator or physical injury. This is neither deterrent nor punishment. Rather this is the way for the perpetrator to achieve atonement and to do teshuvah for degrading the Image of G-d. It is true that the Oral Law explained that the biblical 'eye for an eye' in our sedrah, refers to monetary compensation. However, this was only because the other crimes mentioned in the neighboring verses, spoke of monetary punishment. Another idea is that it being completely impossible to exact identical punishment, not only technically but also because of factors like age, health, skills etc., we can only exact monetary compensation."
Dr Meir Tamari, The Challenge of Wealth: Terumah
http://www.torah.org/learning/business-e...
Dr. Tamari further explores the cause of accidental death through environmental damage such as pollution or negligence, citing zoning laws from 2000 years ago.
FOOTPRINTS:
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"And when they were in the field, Cain set upon his brother and killed him.The Lord said to Cain, "Where is your brother Abel?"
Gn 4:9 (Lord- Adonai/Mercy)
"Cain said to the Lord, "My punishment is too great to bear..."
Gn 4:13 (Lord = Adonai/ Mercy not Elohim/ Justice)
Tachash.org : Bereshit Fulltext
http://www.tachash.org/metsudah/b01t.html
shows the variance of Elohim and Adonai
Rav Kook, Bereshit-Creation of the Universe Twice
http://www.geocities.com/m_yericho/ravko...
Elohim-Justice and Adonay-Mercy
b> HALACHA
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Halacha Overview 68. Murderer and Protection of Life - Rotze'ach u-Shemiras Nefesh
http://www.torah.org/learning/halacha-ov...
based on Maimonides Mishneh Torah
Halacha Overview Chapter 80 Witnesses
http://www.torah.org/learning/halacha-ov...
Based on Maimonides Mishneh Torah
Dr Meir Tamari, The Challenge of Wealth: Terumah
http://www.torah.org/learning/business-e...
Rabbi Boruch Leff, Kol Yaakov : Massei- Capital
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