Series: Daily Shiur

Venue: Jerusalem Jerusalem

Gemara:

Makot 

Halacha:

Beit Din,  Choshen Mishpat 

Collections: Rabbi Berzon: Makkot

Description

The mishna records a controversy bet R' and Chachamim regarding the punishment for Eidim Zomemim. The issue revolves around the scope of the principle derived from "Kedai Rishasho", i.e. we only impose one punishment for a single criminal violation. The exception to this rule is Motzi Shem Rah, to whom the Torah imposes both a monetary fine & malkos at the same time. Rebby Meir, based on the view of Rebby Akiva that Eidim Zomemim is a "Knas", derives the conclusion that the rule of Kedai Rishaso only applies when there is a capital punishment, but not in the case of Mamon and Malkos. Tos' prove that this applies to any Mamon acc to R' Meir. We will study the issue of Malkos for a Lav She'ein bo Maaseh.