כי יסיתך אחיך בן עמך... לא תחוס עינך עליו וכו' (יג-ז,ט)
MASHAL: There was once a sly and violent villain who managed to evade and outsmart the authorities for quite some time. No matter what they did to investigate, chase and apprehend him, they could not get their hands on him. Eventually, they managed to corner him and he was summarily arrested. Not wishing to take any chances, they rushed through all the necessary procedures and his court case was hastened so as not to give him a chance to escape.
The trial was conducted with the utmost speed and clarity. The jury heard the case and after some deliberation he was condemned to be executed.
Before being executed, however, as a benevolent gesture, the convicted man was allowed to choose one last food or meal before his execution. The man thought about it for a minute and then asked for strawberries. Immediately a messenger was dispatched to go find strawberries. After a while he came back and said that unfortunately strawberries are out of season and are unavailable for a few months.
When the convict heard this, he sighed slyly, “Well, in that case,” he stammered, “I... I guess I’ll wait.”
NIMSHAL: In a Torah courtroom we are commanded to avoid the death sentence at all possible costs. Jewish judges are required to turn over the case again and again, and to look for possible loopholes so as not to kill a Jewish soul.
Regarding someone who entices other people to stray off the Torah path however, we are commanded to condemn him in every possible way. Such a person needs to be eradicated from amongst the Jewish people at the earliest possible opportunity. As Rashi states, even if he is found not guilty, the court must reconvene to try and find a way to convict him. For such a terrible sinner who causes others to stary, there is no benevolence, and no second chance!