Masechet Makot 4a: What fell into the great sea, water or wine? And intro to the controversy bet R' and Chachamim over the punishment for Eidim Zomemim

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Date:
November 06 2013
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58min 9s
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Series: Daily Shiur

Venue: Jerusalem Jerusalem

Gemara:
Makot 
Halacha:

Collections: Rabbi Berzon: Makkot

Description

Rashi & Tos' debate the meaning of the statement of R' Yehuda in the name of Rav about the contents of the barrel that fell into the Yam HaGadol, what was in the barrel and what fell into the great sea, was it water or wine? In the second part of the shiur we will offer an introduction to the controversy between Rebby Meir and the Chachamim regarding the punishment for Eidim Zomemim. The debate revolves around the principle of "Kedai Rishaso". Does this principle apply to a crime that incurs simultaneously the two punishments of Malkos and Mamon? Ultimately the old question of whether payment under the law of "Ka'asher Zamam" is mamon or knas will lie at the heart of the issue.

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    Learning on the Marcos and Adina Katz YUTorah site is sponsored today by Debbie Nossbaum in loving memory of her father, Nathan Werdiger, נתן בן שלמה אלימלך and by Harris and Elli Teitz Goldstein l'ilui nishmas Elli's father HaRav HaGaon Rav Pinchas Teitz zt'l whose 29th yahrzeit is 4 Teves