More Discussions for this daf
1. Good eyesight and saving the witnesses 2. Ein Onshin Min ha'Din 3. R. Yehuda Ben Tabbai and R. Shimon Ben Shetach
4. Witnesses Plotting 5. Who Do the Eidim Zomemim Pay 6. Makos 005: Hargu Ein Neheragin
7. Tana Beribi 8. Who Do the Eidim Zomemim Pay 9. Ka'asher Zamam by Malkos
10. Who Do the Eidim Zomemim Pay 11. v'Hitzilu ha'Eidah 12. Meshalshin b'Makos
13. After Gmar Din but before He is Put to Death 14. Shem Eidim Zomemim 15. Part of a Group Found To Be Eidim Zomemim
16. Edim Zomemim in Dinei Mamonos 17. Miracles and Halachah 18. Punishing Edim Zomemim
19. The Gemara answers by saying it's a good question 20. Edim Zomemim dividing their punishment 21. Edim Zomemim
22. Rashi and Tosfos 23. Judges 24. משלשין בממון
 DAF DISCUSSIONS - MAKOS 5
1. asked:

IF THE HALACHA IS THAT EDIM ZOMEMIM ONLY GET THE HAZAMA PENALTY IF THERE HAS BEEN A GMAR DIN BUT THE PUNNISHMENT HAS NOT YET BEEN INSTITUTED, HOW WILL THE HAZAMA PENALTY OF MAKOS EVER BE GIVEN IN THE CASE OF BEN GRUSHA UBEN CHALUTZA? ONCE THE COURT BELIEVES THE TESTIMONY OF THE WITNESSES AND ISSUES A GMAR DIN THAT THE PERSON IS IN FACT A BEN GRUSHA ETC., THE PUNNISHMENT(IE. THAT THE PERSON BECOMES A CHALAL)IMMEDIATELY COMES INTO EFFECT, AND ITS TOO LATE TO GIVE THE HAZAMA PENALTY?

Question, NEW YORK, USA

2. The Kollel replies:

Tosfos in Bava Kama (4b) writes that we do not say "Ka'asher Asah" on something that is reversible.

D. Zupnik

3. asks:

Thanks for the response. Would the same thing apply to IR Miklat? Meaning, that even though the person is sent to ir miklat we can always take him out when the new testimony comes to light. So, if the person is sent to ir miklat based on the testimony of witnesses A&B and then witnesses C&D come and are mezamem witnesses A&B, do A&B get the hazama penalty (makos) in this case even though the original guy was already sent to the IR Miklat?

4. The Kollel replies:

I believe so.

D. Zupnik