Q&A: No Pleading on Behalf of an Inciter
No Pleading on Behalf of an Inciter
Question
Not long ago, in the Daf Yomi, there was a Jewish law point that “we do not plead on behalf of an inciter,” because the Torah said, “you shall not spare him.” That seems a bit strange, because if there is something to argue in his favor, then he is not an inciter, and the Torah was not speaking about him! Maybe this shows that the whole idea of pleading in capital cases is not really a search for the truth?!
Answer
See Column 43.
Discussion on Answer
The argument is: the words of the Rabbi versus the words of the student. That means the one who was incited is guilty, and therefore the inciter is exempt. But you understand that this is not an absolute argument. If the incitement itself is the offense, and not causing the person who was incited to commit his transgression, then this argument does not exempt him. But this law, plainly speaking, applies only to idolatry.
Thank you for the reply,
but I didn’t find any reference there to the question of making an argument in favor of the inciter.