Series: Daily Shiur

Venue: Jerusalem Jerusalem

Gemara:

Makot 

Halacha:

Beit Din,  Choshen Mishpat 

Collections: Rabbi Berzon: Makkot

Description

The Chachomim establish that the law of Ka'asher Zamam is cancelled if the accused was put to death. Rather the punishment to the Eidim applies if the Bet Din issued its verdict (G'mar Din) but did not execute the death penalty. The classic Kal VaChomer logic would lead us to the opposite conclusion, but Kal VaChimer does not establish punishments according to laws that govern the 13 hermenutic principles by which we interpret the Law. In this shiur we will analyze a variety of approaches to explain this principle. We will also present the controversy over the question: does the rule "VeLo Ka'asher Asah" apply in monetary cases of Hazama and in the cases in which the accused was given Malkot?