The Kal v'Chomer, according to Reb Elchanan, is as follows; "If the accused had been (wrongly) convicted of an intentional murder through a physical act, he would not have been sentenced to Galus, the Eidim, whom we would want to pass the sentence over to, who did not do a physical act, but did intentionally give testimony, certainly do not go to Galus".

This Kal v'Chomer sets out to show that Galus is unsuitable for a Mezid. The Kal v'Chomer relies on the fact that a murderer is more Chamur than Eidim Zomemim, but still does not go to Galus because he was Mezid, in which case Eidim Zomemim certainly do not go to Galus.

We need Rav Elchanan's or Rav Rozowski's Svara, because otherwise we may assume that the Galus given to Eidim Zomemim is not a normal Galus, but a Din of Ka'asher Zamam and is suitable even when the Eidim are Mezidim.

Dov Freeedman