The Innocent and the Righteous You Shall Not Slay

"The innocent and the righteous you shall not slay" (Exodus 23:7). Our Rabbis taught: From where do we learn that one who leaves the court convicted, and someone says, "I have something to argue in his favor," is brought back? Scripture teaches, "the innocent you shall not slay." And from where that one who leaves the court acquitted, and someone says, "I have something to argue to his liability," is not brought back? Scripture teaches, "the righteous you shall not slay." Rav Shimi bar Ashi said: and its opposite is the case of one who incites to idolatry, of whom it is written, "you shall not pity him, nor shall you conceal him" (Deuteronomy 13:9). If one witness testified that he worshipped the sun, and another testified that he worshipped the moon, I might think they combine and he is liable; Scripture teaches, "the innocent and the righteous you shall not slay." If they saw a man pursuing his fellow to kill him, sword in hand, and they said to him, "He is a son of the covenant, and the Torah said, 'whoever sheds the blood of a man [by man shall his blood be shed]' (Genesis 9:6)," and he said, "I know, and even so I am doing it," and the witnesses averted their eyes - and afterward they found him slain and writhing, the sword dripping blood in the murderer's hand - I might think the murderer is liable; Scripture teaches, "the innocent and the righteous you shall not slay" [since the witnesses did not give the formal warning]. Now Yehudah ben Tabbai once executed a witness who had been proven a scheming false witness (a single one). Shimon ben Shetach said to him, "May I not live to see the consolation of Israel if you have not shed innocent blood, for the Torah said: put to death by the testimony of [two] witnesses, put to death by [two] scheming witnesses - just as witnesses must be two, so scheming false witnesses must be two." Thereupon Yehudah ben Tabbai entered a ruin and found there a slain man writhing, the sword dripping blood in the murderer's hand. Yehudah ben Tabbai said to him, "May [retribution] come upon me if it is not you who killed him! But what can I do, since the Torah said, 'by the testimony of two witnesses shall a matter stand' (Deuteronomy 19:15)? Yet He who knows and is Master of thoughts will exact payment from this man." He had not managed to leave the place before a snake bit the murderer and he died. "The innocent and the righteous you shall not slay" - if one left the court convicted and afterward they found merit for him, I might think he is still liable; Scripture teaches, "the innocent you shall not slay." One might think that just as he left your court acquitted, so he has left the court Above acquitted; therefore it is said, "for I will not justify the wicked" [the Holy One, blessed be He, will not] (Exodus 23:7). "The righteous you shall not slay" - if one left the court acquitted and afterward they found liability for him, I might think they bring him back; Scripture teaches, "the righteous you shall not slay." One might think that just as he left your court acquitted, so he left the court Above acquitted; Scripture teaches, "for I will not justify the wicked." And these matters are an argument from minor to major: if regarding the measure of punishment, which is the lesser measure, the Torah said, "for I will not justify the wicked," how much more so for the measure of goodness, which is the greater.