The zakein mamrei, rebellious elder, is someone who is, for all intents and purposes, one of the nation’s erudite scholars. He disagreed with his colleagues concerning certain halachah. While debate and disagreement are allowed — and even encouraged — once the halachah is established, everyone must accept and adhere to the ruling. One who does not – especially an elder, a scholar who defiantly disagrees and rules against the Sanhedrin— endangers the very underpinnings of halachic authority. He is to be executed during the next Regel, Festival, of the Shalosh Regalim, when all of Klal Yisrael is present to witness, to learn, to accept that we have only one Ruling Authority. This elder did not simply disagree; he ruled against the authority and acted blatantly in accordance with his own opinion. Such action undermines the unity and authority of the Torah’s mandated Judicial system.
When the people witness the verity that even a towering Torah scholar may not override the Sanhedrin, they internalize the core truth that Torah is not a free-for-all. We cannot tolerate any fragmentation of Torah authority, or we become victim to spiritual chaos and lawlessness. Ours is a system based upon disciplined mesorah, tradition and respect for daas Torah. Although, indeed, we live in a time of unprecedented Torah scholarship, with access to halachic texts never before so available to the wider community, if we do not live and learn within a framework of humility and deference to Torah authority – we risk repeating the very transgression for which the zakein mamrei was put to death. True daas Torah and true greatness are measured by one’s ability to submit to the collective voice of the Torah, as interpreted by our gedolei Yisrael. He who is not mature enough to accept this should keep his harmful opinions to himself. Seeking support from others falls into the Korach trap.
Three other types of capitol offenders exist: the meisis, enticer, who attempts to convince others to join him in idol worship; the ben sorer u’moreh, rebellious, wayward son; and the eid zomem, false witness. All are put to death as soon as the guilty verdict is passed. The zakein memrei, however, is kept waiting for the next regel when his execution will have its greatest impact. Concerning all four the Torah writes, Yishme’u v’yira’u, “That (the entire nation) they hear and fear,” thus requiring public punishment. Why is the punishment of the zakein mamrei different?
Horav Meir Tzvi Bergman, shlita, cites the Radbaz who explains why these four offenders require pre-announced public executions for which attendance is encouraged. He says these offenders have committed offenses for which the average/common spectator will not fathom execution as a just punishment. The zakein mamrei did not hurt anyone; the ben sorer is killed as a preventative measure; the enticer is put to death, even if no one has listened to him. Because these punishments appear to be strange and inconsistent with their offenses, it is vital that the people be made aware of the gravity of their sins. The people must be taught to accept and internalize that some sins, although they may never be realized, are no less egregious, because they assault the very fiber of our religious and judicial systems (which are actually one and the same, since they all come from Hashem).
While people may have reason to question the punishments, the zakein mamrei stands out due to his not being a common Jew. He is a Torah leader, a member of the Sanhedrin who was elevated to this position due to his singular knowledge. [He may even have been more erudite than the other members of the Sanhedrin.] He disagrees, however, with bais din in only one area of law. It is, therefore, vital that everyone – not just the members of the community – attend his punishment. It is the only way to maintain unity within Klal Yisrael.
Consequently, it was decreed that the yishme’u v’yira’u should be experienced during the festival, when all Jews have left their homes and possessions to reside in Yerushalayim as visitors. The togetherness resulting from each individual’s lack of independence generated an unparalleled sense of achdus. It is specifically at such a time, when all of Klal Yisrael feels as one – children of one Heavenly Father — that the incursion into the fiber of Klal Yisrael’s harmony and oneness with each other and with Hashem are felt stronger. The breach created by the zakein mamrei is unpardonable because it creates a break within the people.
Harmony can only exist when all members of the nation look up to the Sanhedrin as the only and last authority in judicial law. When people impugn the authority of the Sanhedrin, we become splintered, with groups forming, each according to his own personal agenda. As faithful Jews, we have only one agenda: to fulfill the ratzon Hashem. The zakein mamrei threatens this agenda when he assails the authority of the Sanhedrin. Thus, his punishment is made public at a time and in a venue which impacts the largest gathering of Jews.
