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Why does the Torah (תורה) forbid beis din from executing on Shabbos (שבת) by prohibiting the *lighting of fire* for sreifah, rather than prohibiting the execution itself? The Chinuch learns that "lo seva'aru eish" teaches that all forms of execution are forbidden on Shabbos. The shiur probes why the Torah chose this indirect formulation—forbidding the preparatory act (kindling) rather than the lethal act (execution)—and explores the conceptual implications of this unusual textual structure.
Rabbi Zweig opens with Mitzvah (מצוה) 114 from Parshas Vayakhel, which the Chinuch derives from the verse "lo seva'aru eish b'chol moshvoseichem" (do not kindle fire in all your dwelling places). The Chinuch explains that this verse teaches that beis din may not carry out capital punishment on Shabbos (שבת). The prohibition is learned through a gezeirah shavah: just as sreifah (burning, one of the four forms of execution) cannot be administered on Shabbos because it requires kindling fire—a melacha—so too all other forms of capital punishment are forbidden on Shabbos, even those that do not involve any melacha. The central difficulty the shiur raises is textual and conceptual. Why does the Torah (תורה) frame the prohibition in terms of *kindling fire*—a preparatory act for the execution method of sreifah—rather than simply stating that beis din may not execute on Shabbos? The verse appears to focus on the *means* (making fire) rather than the *end* (taking a life). This is strange because other forms of execution—chenek (strangulation), hereg (beheading), and skilah (stoning)—do not involve any classical melacha at all; they involve only the act of killing itself. Yet the Torah chooses to communicate the prohibition through the one method that *does* involve a melacha, and even then, it emphasizes the melacha (fire) rather than the killing.
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Vayakhel (Shemos 35:3)
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