Kol hakavod to the chavrei HaKollel.
If someone was sent to Galus, shouldn't it be dependent on why they feel Galus isn't warranted. If it's because evidence arrived that he wasn't involved at all ok. If evidence arises that makes him a Karpov Lanus then he also is protected from the Goel Hadam reverse it. However what if they are reversing his Galus because evidence arose that he is a Karov lmeizeed?
Avrahom, United States
Dear Avrahom,
In cases of Dinei Nefashos, the Mishnah permits Beis Din to convene a re-trial to make one Patur, but not to make one guilty. Then, we say the same for Galus: Beis Din can release him from Galus but cannot send him to Galus if he was Patur.
You ask: what happens if the re-trial is to free him from Galus by saying that he was Karov l'Mezid? Is this allowed, since you are freeing him from the Chov of Galus,but you are (indirectly?) putting a new Chov on him of being in danger from the Go'el ha'Dam?
That is a good question for which, as of now, I have no answer.
All the best,
Reuven Weiner