Rosh (7:8): Question: Let it be known to our teacher, may he be well, that there was a very serious incident that happened here in Cordova. The ears of all those who hear about it become singed. There a certain low person who was arrested by the non‑Jews on certain charges. He made a deal with them to go free in exchange for money. Some of his friends went to console him. He went out to greet them and stood at the entrance of his courtyard. One of them said, “Blessed is He who frees prisoners.” He reacted by blaspheming and reviling his King and G‑d…. The prince agreed that this wicked person should remain in prison until the Responum of my teacher will arrive which will instruct us what to do with him…Response: … Your asking me concerning capital punishment is very strange. That is because in all the lands that I have heard about, no one judges capital cases anymore– except in Spain. I was very astonished when I came to Spain. How were they able to judge capital cases without Sanhedrin? They explained to me that it was because the king had authorized it. Another consideration is that if the Jewish courts don’t judge these cases than a much greater amount of blood would be spilled if they were tried by non‑Jews. Therefore I permitted them to continue with this practice of trying capital cases. However I never explicitly agreed with them on a particular case involving execution. Nevertheless I see that all of you have agreed that it is necessary to destroy this evil from your midst. There is no question that he has profaned the Name of heaven in public and that this has already been heard amongst the non‑Jews who are very strict in any matter concerning their religion and faith. There would be even greater profanation of G‑d’s name if he weren’t executed for blasphemy for the sake of the order of society (migder milsa). Furthermore it is imperative that they sanctify G‑d’s name by executing this wicked man. Therefore you do what you think is best because I know that your intent if to sanctify G‑d’s name.
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The Rosh seems to be paskening that it is correct to execute him because he blasphem Hashem's name in public and if he isn't executed it would result in more people engaging in blasphemy. The Rosh is focusing on this justification to execute him more than the reason that the goyim expect him to be executed.
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