What are the implications of "ve'Chol ha'Am Yishme'u ve'Yira'u"?
Rashi: It implies that one waits until Yom-Tov, 1 when all the people are gathered together, 2 before executing the Zakein Mamrei. 3
Ramban: Refer to 21:21:2:1**.
Seforno: The fact that he is executed at the hand of Beis-Din will cause all the people to hear about it and be afraid.
Sanhedrin, 89a #1: It teaches us that Beis-Din are Chayav to announce the death of a Zakein Mamrei (and why he was executed). 4
Sanhedrin, 89a #2: See answer #1. Meanwhile one takes him to the Beis-Din ha'Gadol to Yerushalayim and guards him under lock and key until Yom-Tov arrives. 5
Not Yom-Tov proper, but Chol ha'Mo'ed. See Torah Temimah, note 66. See also Devarim 21:21 and Sifsei Chachamim there.
Riva: This is the opinion of R. Akiva in Sanhedrin 89a. According to R. Yehudah there, Beis-Din execute him immediately, and send messages throughout the land ? based on the fact that the Torah writes "They will hear and be afraid", and not 'They will see and be afraid.'
So that people will take it to heart and desist from following in his footsteps.
See Torah Temimah, note 67.
See Torah Temimah in Re'ei, 13:12, note 30, who elaborates.
If it is necessary to execute the Zakein Mamrei in Yerushalayim on Yom-Tov when everybody is there, why do the Beis-Din in his town then judge and sentence him immediately?
Oznayim la'Torah: In order to publicize the fact that his ruling is false, to prevent people from following it. 1
See Oznayim la'Torah, who explains why Beis-Din negate the prohibition of leaving a man who has been sentenced to death overnight and not executing him the same day, and elaborates.
Why does the Torah write in connection with a Meisis, a ben Sorer u'Moreh and a Zaken Mamrei "ve'Chol ha'Am (or ve'Chol Yisrael) Yishm'u Veyira'u" (13:12 & 21:21), and in connection with Eidim Zom'min - in Ki Seitzei, 19:20, "ve'ha'Nish'arim Yishm'u Veyira'u"?
Sanhedrin 89a: Because not everyone is eligible to testify. 1 Beis-Dinannounce Ben Sorer u'Moreh and Zaken Mamrei, not so that people will be afraid to follow suite, but so that people will teach their sons proper Midos, and they will be chastised to obey their parents' commands. This boy was killed due to his end, because he did not accept Musar until today. Zaken Mamrei teaches the power of our tradition. Anyone who argues with it, even the greatest of the Sanhedrin, must retract if the majority disagrees with him, in orer to avoid Machlokes in Yisrael. On the other hand, Beis-Din announce Eidim Zom'min so that people will be afraid to follow suite, and since not everyone is Kosher to testify, the Torah writes "ve'ha'Nish'arim".
Rashi (in Sanhedrin, Ibid.):: Thieves, people who lend on Ribis and who transgress Shemitah are not eligible. The Ran there adds that also a Zaken Mamrei applies only to someone who is fit to be on the Sanhedrin, and Ben Sorer u'Moreh applies only within three months of becoming Bar Mitzvah!
Why does the Torah write about Meisis and Eidim Zom'min "ve'Lo Yosifu La'asos" - in 13:12, 20:19, respectively, whereas here it writes "ve'Lo Yezidun Od"?
Refer to 13:12:151:1.
QUESTIONS ON RASHI
Rashi writes that "ve'Chol ha'Am Yishme'u Veyira'u" teaches that we wait until Yom-Tov [and execute him in Yerushalayim]. It says the same about Ben Sorer u'Moreh, and there (21:21) Rashi says that Beis-Din announce that he is being killed in Beis- Din P'loni?
Riva (citing R"M of Kutzi): A Zaken Mamrei is different, since he is killed only in the Beis Din ha'Gadol in Yerushalayim, where everybody goes on Yom-Tov.
