Reply To: Question re: Ben Sorer U Moreh

Specifically, the role of the human court system is to save wrongdoers from the punishment that they will obtain at the hands of Heaven. If it will further that goal, a human court can take a person’s future into account. (Gur Aryeh)

The Bais Din cannot punish for sins a person will likely commit. They can take that into account in deciding whether or not to punish a person, in order to benefit the whole of the community. For example, there is a case in the Gemorrah where Bais Din cut off a thiefs hand because thievery was rampant then. This is not nogayah to the question here. The sentence of the BSuM is given in the Torah. Regardless of this side issue it is clear from the Gemorrah that this case is NOT A PUNISHMENT.

Why skilah?