Question:If a person eats two shiurim of halev he is chayav twice. If he intentionaly (ba-mazid) brings a keli to a re-shute harabim which contained food ,but he is only interested in the plate (keli), the Gemarah imply that he is also chayav on two issurim. The concept of "Kim Le de rabi mi ne" involves giving him the more stringent onesh (punishment) which is mita (death), but not two punishments.Why the Gemarah imply two punishments if the two melachots were done at the same time? Could it be that the keli was too long and was introduced before the food item ? So we may be we can say that the two issurim were not done at the same time and therefore, the concept of Kim Le de Rabi Mineh does not apply?
(a) The rule of "Kim Lei", and similar rules, only apply when there are two punishments that are administered by Beis Din, one of which is more severe than the other. We find that one does not receive two punishments in the case of "Eino Lokeh u'Meshalem" (one pays and does not get Malkus) and "Kim Lei" when one is Chayav Misah and payment.
But where he was Mezid with regard to the Kli and Shogeg with regard to the food, the Chiyuv Misah does not exempt him from a Chatas, for the Chiyuv Chatas is a Heavenly punishment he certainly receives both punishments (see Makos 4b, 13b). Also, if one is Chayav two Chataos he is punished twice (just like a person can be administered two sets of Malkus, since they are both the same type of punishment).
Be well,
-Mordecai