- דיני נפשות cannot be judged on Erev Shabbos, because of the הלנת דין requirement
The Mishnah on Daf 32a taught that although דיני נפשות can be concluded for acquittal that same day, a defendant can only be convicted on the following day. Therefore, they cannot be judged on Erev Shabbos or Erev Yom Tov. The Gemara explains why: they cannot give a verdict on Friday, since they may decide to convict, ובעו למיעבד הלנת דין – and will be required to delay the judgement overnight. They cannot convict and execute him on Shabbos, because execution does not override Shabbos, as the Gemara will explain. They cannot execute him on מוצאי שבת, because executions are only performed by day. If they would delay his execution to Sunday, נמצא אתה מענה את דינו – it emerges you are causing him anguish in [delaying] his judgement, which is prohibited. They cannot judge him on Friday and reach a verdict on Sunday, because the judges may forget their arguments from Friday. Although every judge’s initial position and reason is recorded, נהי דבפומא כתבין – although their words are recorded, ליבא דאינשי אינשי – the full reasoning of a person’s heart is not recorded and may be forgotten.
- Why burying a מת מצוה is not דוחה Shabbos, despite a kal vachomer that it should
Reish Lakish asked Rebbe Yochanan: ותהא קבורת מת מצוה דוחה שבת מקל וחומר – The burial of a מת מצוה (a dead body with no one to bury it) should override Shabbos prohibitions, based on a kal vachomer: עבודה – service of korbanos overrides Shabbos (i.e., that day’s korbanos are brought on Shabbos), yet burying a מת מצוה overrides עבודה. The superfluous word "ולאחותו" (written by nazir) teaches that even a Kohen Gadol who is a nazir, who was going to shecht his korban pesach, must become tamei to bury a מת מצוה, disqualifying him from bringing his korban pesach. Therefore, Shabbos, which is overridden by עבודה, should certainly be overridden by the requirement to bury a מת מצוה!? Rebbe Yochanan answered: רציחה תוכיח – [the mitzvah of] execution proves that this reasoning is incorrect, שדוחה את העבודה ואינה דוחה את השבת – because it overrides עבודה, yet it does not override Shabbos. The Torah teaches that a Kohen who murdered someone, who is prepared to do עבודה, is taken from the מזבח for judgement. Still, execution does not override Shabbos, as the Gemara will explain. Therefore, burying a מת מצוה also does not override Shabbos, despite overriding עבודה.
- The source that מיתת בית דין is not carried out on Shabbos
The Gemara challenges Rebbe Yochanan’s statement that execution does not override Shabbos, because a kal vachomer should prove that it does: if עבודה, which is able to override Shabbos, is still overridden by רציחה, then Shabbos, which is overridden by עבודה, should certainly be overridden by רציחה!? Rava quotes a Baraisa from Rebbe Yishmael’s Yeshivah about the passuk "לא תבערו אש" – you shall not kindle a fire (on Shabbos), which uses the term "מושבות" – in all your “dwellings,” which usually teaches to apply a law even outside Eretz Yisroel. But since Shabbos is a חובת הגוף – a personal obligation, it applies everywhere anyway; why did the Torah need to write "מושבות"? The Baraisa answers that we would not know if the mitzvah of execution applies even on Shabbos, and the prohibition of Shabbos only applies to other melachos, or if Shabbos prohibits even execution, and it can only be performed during the week. To this, the Torah said, “You shall not kindle a fire in all of your מושבות – dwellings,” a term which is also used regarding Beis Din, teaching that even executions are prohibited on Shabbos.