R Yehoshua Leib diskin ztl deals with the problem, and gives 2 answers. one is short so ill write it. one isnt, so look it up. he says that although hes getting killed for sofo lihastim es habrios, whick lechoira means killing, and therefore shouldnt be subject to skilah, he will also be oiver chamuros like chillul shabbos, which one gets skila for. Ay, then why are we killing him now for that, wait for him to be michallel shabbos. he says that the torah is chas on the lives of klal yisrael. therefore, we’ll kill him now so he cant kill anone, but we’ll give him the oinsesh for the chamuros he wouldve committed.
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