More Discussions for this daf
1. Stealing and slaughtering an animal on Yom Kipur 2. Shechitha b'Shabbos 3. דמיון בין טביחה למכירה
4. אמרי 5. ד' וה' בשור הנסקל
DAF DISCUSSIONS - BAVA KAMA 71

Aryeh Steinmetz asked:

The gemara asks why the mishnah requires one to pay the fourfold or fivefold payment for stealing and then slaughtering on yom kippur if one does not receive malkus and pay money for the same crime. The gemara answers that the mishnah is according to R' Meier who says one can receive malkus and pay money for the same crime. The gemara is referring to the mishna in makkos 4a.

Artscroll english edition mentions that the sages in that mishna rule that they pay and do not receive malkus.

If so, why did our gemara not answer that our mishna is according to the sages?

Aryeh Steinmetz, Monsey NY

The Kollel replies:

Dear Arye,

The Chachamim you mention in Makos are the same as the Chachamim here that only allow one punishment. But here the Malkos overrides the money and by Eidim Zomemim getting Ka'asher Zamam to pay overrides the Malkos of false testimony. There is no opinion which says here only money.

All the best,

Reuven Weiner