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How could Yehuda Ben Tabai make a judicial error if God protects the righteous from inadvertent mistakes? The shiur uses Rashi (רש"י)'s analysis to show that divine protection ('Ein HaKadosh Baruch Hu mevi takala') only applies when maximum effort is exerted, not just reasonable effort. Yehuda Ben Tabai's mistake wasn't ignorance but flawed judgment that accidentally strengthened the Sadducean position he opposed.
This shiur provides an in-depth analysis of a complex Gemara (גמרא) passage in Makkos 5b discussing the story of Rabbi Yehuda Ben Tabai, who executed a single false witness (eid zomem) before the defendant had been killed, contrary to the established halacha (הלכה). The lecture addresses two fundamental questions: First, how could a righteous person like Yehuda Ben Tabai make such a mistake, given the principle that 'Ein HaKadosh Baruch Hu mevi takala' - God doesn't allow the righteous to stumble inadvertently? Second, what exactly was his error, as the Gemara's language suggests he acted 'shelo k'din' (not according to law)? Rabbi Zweig presents Rashi (רש"י)'s interpretation that reveals the deeper dynamics at play. According to Rashi, Yehuda Ben Tabai was fully aware of the Mishna's requirement that false witnesses can only be executed after the defendant has been killed ('ein ha'eidim nasin zomemim ad she'yugmar din'). However, he made a conscious judicial decision (hora'ah) to execute the witness immediately in order to counter the Sadducees' position. His intention was to demonstrate that the court system was functioning properly even after the trial concluded.
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Makkos 5b
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