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12th CYCLE DEDICATION
KESUVOS 33 (Shmini Atzeres) - l'Iluy Nishmas Chaim Noach ben ha'Chaver Reb Yehudah (Kruskal). Dedicated by his son and family.
If Edim Zomemim testify falsely that someone is the son of divorcee and thus is not a valid Kohen, they are punished with Malkus.
One who wounds his friend and causes less than a Perutah's worth of damage is punished with Malkus.
If one receives Hasra'ah an hour or more before he commits the Aveirah, the Hasra'ah is not valid.
No Hasra'ah is needed in order to punish Edim Zomemim, because they attempted to punish someone without Hasra'ah.
Rav Ashi is in doubt about whether Hasra'ah for a stringent punishment is a valid Hasra'ah for a more lenient punishment.
Had Chananyah, Misha'el, and Azaryah been tortured, they would have worshipped the idol.
Rabanan: If someone attempts to kill one person but instead kills another person, he is put to death. Rebbi: He is not put to death. (1)
If someone strikes a person and the victim is critically injured, the perpetrator is incarcerated by Beis Din until the victim is out of danger. (2)
Rebbi Meir: A person can be punished with both Malkus and a monetary obligation.
One who steals an animal and slaughters it on Shabbos, or slaughters it to Avodah Zarah, is obligated to pay for it, according to Rebbi Meir. (3)
The reason why he is obligated for slaughtering the animal on Shabbos or to the Avodah Zarah is that he appointed an agent to slaughter it. (4)
A BIT MORE
1. According to Rebbi, he only has a monetary obligation.
2. If the victim dies, the perpetrator is put to death, even if the victim only succumbed to his wounds at a much later date. If the victim eventually recovers, the perpetrator must pay for the damages.
3. Even though he is Chayav Misah for slaughtering it on Shabbos or to the Avodah Zarah, he must pay four times the value for slaughtering a lamb and five times the value for an ox.
4. Since he did not slaughter it himself, the concept of Kim Lei bid'Rabah Minei does not apply. Even though, normally, we would invoke the concept of Ein Shali'ach li'Dvar Aveirah (a person is not responsible for an Aveirah committed by his agent), the concept does not apply in this case because of a Gezeiras ha'Kasuv.
CHANANYAH, MISHA'EL, AND AZARYAH
The Gemara says that had Chananyah, Misha'el, and Azaryah been tortured, they would have worshipped the idol. Tosfos asks, how can we be sure that they would have worshipped the idol? Rebbi Akiva was cruelly tortured when the Romans combed off his with a hot iron, yet even so he said that he was waiting his whole life for the opportunity to fulfill the verse of "b'Chol Nafshecha." Tosfos answers that the idol was not actually an Avodah Zarah; it was made for the honor of the king. Nevertheless, it was a Kidush Hashem to refrain from bowing down to it.
STRIKING A DEATH BLOW
If one strikes his friend with a stone or with his fist, we assess the victim. If we determine that he will live, the perpetrator pays five payments and is Patur (from any other punishment). Even if the victim later becomes ill and eventually dies, the perpetrator is exempt. In contrast, if we assess that the victim will die, we incarcerate the perpetrator in a cell. If the victim dies, he is put to death. If the victim recovers completely and walks in the street like a healthy person, the perpetrator pays five payments. (Rambam, Hilchos Rotze'ach 4:3)
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