What are the implications of the words "Ka'asher Zamam La'asos le'Achiv"?


Rashi and Ramban (citing Makos, 5b): It implies that the Eidim Zom'min are only Chayav as long as Beis-Din have not carried out the death-sentence.


What is the logic behind the current D'rashah? Why don't we say Kal va'Chomer if the defendant is killed, the Eidim Zom'min should be sentenced to death?


Ramban: Firstly, because the reason that by Eidim Zom'min we believe the second witnesses is due to the fact that Hashem sent them 1 to save the defendant because he is innocent. 2 But if they arrive only after the death-sentence has been carried out, there is no reason to believe them any more than the first witnesses. 3 Secondly, because Hashem would not allow the Beis-Din to spill innocent blood by sentencing an innocent man to death. 4


Refer to 18:17:3:1 & 18:17:3:2..


Ramban: Because Hashem would not have allowed the accused to be saved had he been innocent, as the Pasuk indicates in Mishpatim, Sh'mos, 23:7.


Ramban: Because Hashem would not have allowed the accused to die had been innocent, as the Pasuk indicates in Tehilim, 37:33.


Ramban: See Devarim, 1:17 & Tehilim, 82:1.


Why does the Torah add the word "le'Achiv"?


Rashi: To teach us that Eidim Zom'min who testify that the married daughter of a Kohen committed adultery receive the punishment of the adulterer (Chenek) and not of the adulteress (Sereifah). 1


Refer to Emor, Vayikra, 21:9:3:2*.

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