Anshei Ir Hanidachas ein Lahem Cheilek La’olam Habah
The above Mishnah teaches us that the anshei ir hanidachas, the people who were persuaded and convinced to worship avodah zarah, do not have a portion in the world to come. While the Rishonim, Rashi and Rav, argue how this fact is derived, they do agree that it is learned out from the pasuk mentioned in our Mishnah, which discusses the madichim, those who persuaded the city to be oved avodah zarah. The Rishonim then say that the nidachim, those who were lead astray, are just like the madichim. Just as the madichim do not have a portion in olam habah, the same is true for the nidachim.
The M’lo Haro’im (on the margin in the zecher l’chanoch mishnayos) asks, how do the rishonim know to make a comparison between the madichim and the nidachim? A more perplexing question addressed by Tosafos (47a), the Ran, and others is why do the nidachim not have a portion? How are they different than a standard oved avodah zarah who is stoned (7:4) but does have a chelek in olam habah?
The Ran says that in fact the old girsa’os (versions) of this Mishnah omit the abovementioned quote and that they are the correct version of the text. Since the people of the ir hanidachas have confessed their sins (as was standard procedure before a death penalty, see 6:2), were killed, and have thus received their dues, they receive kaparah when buried just like all people have are killed by beis din.
As opposed to changing the text of our Mishnah, Tosafos answer in a different manner saying that it is true that one who has been killed by beis din receives atonement and has a chelek. However, our Mishnah is talking about the people of an ir nidachas who should have been executed but somehow were not. The Margaliyos Hayam adds another possibility that even if they were executed, the people of their nidachas remain resolute in their rebelliousness and did not say vidui. These two categories of people specifically do not have a chelek.
A possible question that could be raised on the answer of Tosafos is why does our Mishnah teach this point just by ir nidachas? The rationale that someone deserving misah but who did not receive it does not get kaparah and thus does not have a chelek is not an idea unique to ir nidachas. It is equally true to all misos beis din.
The Yaavetz in a hagah to our Mishnah gives a novel answer. He says that when our Mishnah writes that the people of the ir nidachas do not have a chelek it is referring to the madichim. The Mishnah refers to the madichim as anshei ir hanidachas since this is the way the pasuk mentioned in our Mishnah refers to them. The Mishnah is just echoing the pasuk. The madichim get such a harsh punishment because those who cause the rabim to be choteh, ein maspikim b’yadam la’asos teshuvah (they are not afforded the opportunity for repentance) and they do not get kaparah – especially since they caused the destruction of a Jewish city and for many Jews to be killed. However, the nidachim do have a chelek la’olam habah.
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