9

This is addressed by Sanhedrin 80b. It’s a dispute to begin with whether the particular form of death needs to be specified in the warning: תניא ושאר חייבי מיתות שבתורה אין ממיתין אותן אלא בעדה ועדים והתראה ועד שיודיעוהו שהוא חייב מיתת ב"ד רבי יהודה אומר עד שיודיעוהו באיזה מיתה הוא נהרג We taught in a Braisa: For all others that make liable to death ...


6

In Kesubos 33a Rava says that warning has to be done toch kedei dibbur (within several seconds) so that we know the perpetrator did not forget the warning and act erroneously: אמר רבא תדע ניתרי בהו אימת ניתרי בהו מעיקרא אמרי אישתלין Rashi and Yad Rema in Sanhedrin 40b quote this reason as well: המית בתוך כדי דיבור כדי שאילת שלום להתראה דאי לאחר כדי ...


4

Rashi and Rav Hirsch explain that Hashem had already commanded that he was subject to the death penalty, but they did not yet know the precise manner of the punishment. Shlach Lecha 15:34 They put him under guard, since it was not specified what was to be done to him. Rashi since it was not specified what was to be done to him: With which method he ...


3

The Torah requires for misas Beis din (death penalty) we have to be 100% sure that the perpetrator knew what he was doing and that he didn't forget the warning/didn't know what he was doing was bad, hence one needs warning תוך כדי דיבור (within the time of a greeting to ones teacher) to warn the guy prior to his sin, see Kesubos 33a. Otherwise they'd kill ...


3

There are people - at least according to some opinions - who do not need a warning. As we learn in Makos 6b that Rabbi Yossi bar Yehuda says that a Chaver [a learned person] does not need a warning [by witnesses,] since the concept of warning was only introduced to be able to differentiate between accidental sins and those done on purpose. [And we assume ...


2

The Gemara (Kesubos 51b) presents a machlokes between Avuha Dishmuel and Rava as to whether תחלתה באונס וסופה ברצון makes her assur to her (non-Kohen) husband. According to Avuha Dishmuel, it does; According to Rava (whom the halacha follows), no - as long as it was oness at the beginning, then what she says afterwards has no halachic consequence. So the ...


1

Toch K'dei dibbur is the definition of "immediate", and all activity within toch kdei dibbur is considered simultaneous. Anything which happens after this time is grouped together as "at a later time". We do not have any "medium-term" time frame. Therefore, if the act was within Toch Kdei Dibbur, it was "at the same time/immediate" to the warning, while if ...


1

To answer both questions, the Rambam is written very clearly and precisely. When the Rambam wrote that מורידין ולא מעלין that means that it is a mitzva to kill him, or to prevent his recovery if he is in a position of danger. of course, unfortunately, we are in golus, and we practically cannot perform this mitzva, as we are not obligated to face capital ...


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