Hello kollel!
In my mishna yomi we're learning bava kamma which discusses two sets of eidim zomemim dividing the payment for stealing then selling an animal.
My question is, in light of the mishna why is there a discussion in makkot daf 5 about how we know we divide money? It seems like the mishna begins by stating money is divided just to compare that with lashes which aren't divided? Otherwise what's the chiddush since it seems we know from the bava kamma mishna that money is divided.
Or perhaps it's that even a set of witnesses divides the payment amongst its members whereas in bk we're taking about sets of witnesses dividing btw the sets?
Thank you.
Josh
Shalom Josh,
If I understand what you wrote at the end of your question, that is the right explanation.
The Mishnah in Bava Kama is talking about dividing the Kefel for the stealing, and the Tashlumei Arba'ah v'Chamishah (or in this case, Sheloshah v'Arba'ah, because Kefel is one of the 4 or 5), while one set of witnesses will pay the Kefel, and the others will pay the rest. This division is artificial, since the Kefel and the rest of the payment originate from two separate reasons, the stealing and the slaughtering, which are usually paid both together by the Gazlan, for technical reasons. Deciding these two between the two sets of Edim is not what the Gemara in Makos is dealing with.
The Mishnah and Gemara in Makos is talking about the division of the payment within the set of Edim themselves. For example, the set of witnesses paying the Kefel -- do they divide the payment (Kefel) between them and pay 50% each, or do they both have to pay the full amount that the two of them together -- but also each one by himself -- wanted him to lose. The Gemara explains that, unlike Malkus, money is divided between them.
I hope this helps,
Aharon Steiner