OU TORAH REALLYCLEARDAF How Does Beis Din Establish That a Capital Offense was Committed Intentionally? By Rabbi Shmuel Wise

On 40a the Mishna taught that Beis Din does not put an offender to death unless he was warned by the witnesses immediately before the offense was committed. The warning must include the specific death penalty applicable to the crime in question. Without this warning Beis Din cannot be certain that the offender committed the act with full awareness and intent. This conforms with the recurring principal of “והצילו העדה” which sets a very high standard before Beis Din can actually sentence a person to death.