More Discussions for this daf
1. Capital Punishment 2. Hazamah 3. Malkus for Edei Ne'arah ha'Me'urasah?
4. Rabbinic transgression gets death penalty? 5. Mekoshesh Etzim b'Shabbos 6. תאינים שחורות תאינים לבנות
7. כי הוה למד בן זכאי
DAF DISCUSSIONS - SANHEDRIN 41

Yosef Moshe asked:

Where do the malkus in a case of Eidim Zomemim for Na'arah ha'Merasah come from if not from "Kasher Zomam/Vhitzdiku es Hatzadik"? Is this a case where even the Chachomim according to all opinions would give malkus for "Lo Saneh" alone? How does this work ?

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Yosef Moshe, Chicago, IL

The Kollel replies:

This is essentially the same question as the one I answered on Makos 2a, but I will just repeat that the Gemara in Makos (2b) derives the Halachah that Edim Zomemim receive Malkus from the verse of "v'Hitzdiku." The Rambam (Hilchos Edus 20:9) explains this clearly and writes that when the Edim Zomemim attempted to do something to their victim that did not involve giving the victim Malkus (for example, they testified that a woman sinned as a Ne'arah ha'Me'urasah, which would make her liable to the death penalty), the fact that the Edim Zomemim receive Malkus is based on "v'Hitzdiku." If, however, the Edim Zomemim were attempting to make their victim receive Malkus (for example, they testified that he ate milk and meat together, or wore a garment of Sha'atnez, for which a person is punished with Malkus), then the Edim Zomemim receive Malkus because of "Ka'asher Zamam," because that is exactly what they plotted to do -- to make their victim receive Malkus for eating milk and meat.

Kol Tuv,

Dovid Bloom