I understand the halachah is that the Edim Zomemim STILL receive malkos even if this WAS administered to the nidon.
If this is the case, where do we learn that from, as this is different from the death penalty (which is obviously not administered to the eidim zomemim if the nidon is killed).
Nathan Relevy, London, UK
Dear Nathan,
You are referring to the Rambam's opinion (Hilchos Eidim 20:2) that Kaasher Zamam v'Lo Kaasher Asa is only by the death penalty and not by money and Malkos.
Your question is asked and dealt with ,at length.
The Kesef Mishna there explains 1) that only when they succeeded even to kill then the Beis Din death penalty is not enough! (but giving Malkos is sufficient even when they succeeded to bring Malkos) Also, If Hash-m let the victim to get killed, he deserved to die as opposed to Malkos we don't say he deserved the Malkos (this needs further explanation)
The Radvaz says that that the Pasuk of Kaasher Zmam continues Laasos l'Achiv and so after death he is no longer called Achiv, but by Malkos he is still alive and so is given the punishment.
All the best,
Reuven Weiner