Mark, I am not sure I understand your question. Perhaps it was from a list of (homework?) questions, and taken out of context? (In either case, you wouldn't get an answer fast enough for homework because of the time difference between Israel and the USA.) If you state your question clearly, we will be glad to try to help you.

If the question was about Rashi 73b DH ha'Ba, Rashi is asking the following: Why should a person be Patur from payment due to Kim Lei bid'Raba Minei just because he was doing an action for which he is Nitan Lehatzilo b'Nafsho? Isn't Kim Lei limited to cases where a person is actually being administered the death penalty? The person who was Nitan Lehatzilo b'Nafsho *could* have been killed, had he been caught in the act. But he wasn't killed then, and now he no longer will be killed!

Rashi answers that Kim Lei bid'Raba Minei applies even when the perpetrator is not killed, as is evidenced by the fact that Chayavei Misos Shogegin are Patur from paying due to Kim Lei bid'Raba Minei, even though they are not killed for their sin.

Best wishes,

Mordecai Kornfeld