מכות
45 shiurim · 7 dafim covered
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9 shiurim
Why don't false witnesses who falsely testify that someone is a ben gerusha or ben chalutza face punishment like their victims? The Gemara explores when the principle of "ka'asher zamam" applies and when witnesses are considered "eidis she'ata yochal hazam." Deep analysis of Rashi and Tosafos reveals fundamental questions about false testimony and rabbinic versus Torah-level punishments.
Can Beis Din execute someone with any of the four death penalties when unable to carry out the specific prescribed method? Tosafot and Rambam disagree whether this flexibility applies universally or only in cases of resistance, revealing a fundamental dispute about whether Beis Din's primary obligation is removal of evil or providing proper atonement.
What is the nature of eidim zomemim - punishment for the aveira of false testimony, or a halacha to maintain judicial integrity? The Rambam's chiddush that eidim zomemim is "ein bo meisa aveira" reveals it's not punishment for perjury but rather preserving the validity of beis din's psak. This explains why the Gemara says "eini yodei" regarding conflicting punishments.
When convicted criminals with different death penalties get mixed up, why does the Mishna rule they all get the lighter punishment? Tosafos holds Beis Din can actually execute anyone with any of the four death penalties when necessary. The chiddush is that the Mishna teaches the optimal approach for giving proper atonement.
When eidim zomemim testify against a bas kohen and her paramour, which punishment do they receive? The shiur analyzes the machlokes between Rashi and Tosafos on whether zomemim get chenek or sreifa, developing the yesod that kasher zamam may not always be punishment for the aveira itself but for corrupting the judicial process.
Are eidim zomemim punished for conspiracy or for lying? The Rambam defines eid zomem as one who testified falsely, not one who plotted. This fundamental distinction affects whether the law applies to individual witnesses or requires treating them as an indivisible unit.
Why can witnesses make someone a ben gerusha or ben chalutza if it's eidus she'ata yochel l'hazem (testimony you cannot contradict)? The shiur develops a fundamental distinction between testimony establishing facts for the world versus putting a psak directly on the person. When beis din cannot put a formal psak on someone, there's no kashas zamam liability for false witnesses.
What are the two distinct halachos within eidim she'ata yachol l'hazimam? The Rambam holds one halacha requires establishing the witnesses' intention to commit hazamah, needed throughout Torah. A second halacha requires ability to actually punish the witnesses - this applies only in dinei nefashos due to nefesh tachas nefesh.
Why does the Rav Sadigora use the word "misa" when describing eid zomem, and what does "le'docro" mean? The shiur develops a fundamental distinction: dinei nefashos requires witnesses you can actually punish (nefesh be'nefesh), while dinei mamonos only requires the ability to prove they're plotting. This resolves Tosfos's famous question about why malkos can serve as a fulfillment of ka'asher zamam.
10 shiurim
Why does the Mishna call witnesses who testify that a kohen is a ben gerusha 'eidim zomemim' when they don't receive the standard hazamah punishment? The shiur develops that the Torah requires eidim zomemim conviction standards even when excluding the usual kazamat punishment. The conviction must meet hazamah criteria, but the punishment becomes malkus rather than reciprocal consequences.
2 shiurim
Why did the Rambam change the Mishna's case from ten years to five years? The analysis explores whether shemitah begins with an issur on the malveh to collect or automatically discharges the chov. This fundamental distinction affects how tanai works and resolves the Beis Yosef's challenge to the Rosh's ruling.
1 shiur
10 shiurim
When can false witnesses be executed for their lies? The shiur analyzes when a person becomes bar chiyuv (liable for execution) and shows that if lying witnesses testify on the same case, they undermine the bar chiyuv status. This is because lying witnesses would likely contradict earlier true witnesses through hakasha, making the entire testimony invalid.
1 shiur
1 shiur
11 shiurim — daf not yet assigned
How do rabbinic laws relate to the unchanging 613 mitzvos? The shiur develops the yesod that Chachamim never add to Torah itself, but create protective fences as spiritual sensitivity declines through yeridot hadorot. Examples from Shabbos and brachos show how rabbinic enactments preserve Torah-level awareness that earlier generations maintained naturally.
Why aren't false witnesses punished after their testimony leads to actual execution? Rashi explains that kasher zamam v'lo kasher asah means the din transfers from defendant to witness - once the psak is executed, there's nothing left to transfer.
When someone falsely claims a ten-year loan is due in thirty days, how much must they pay? The Gemara presents two conflicting opinions on whether shmitah cancels loans not yet due. The shiur analyzes the Rishonim's approaches and explores fundamental questions about the nature of debt obligations.
When witnesses testify against someone who is already nigmar dino, why aren't they killed as eid zomem? The shiur argues this sugya concerns kashya zomam principles, not gavra katila status. When witnesses plot to impose the exact same punishment Beis Din would impose anyway, it's not considered perverting justice.
Why does the Torah require such elaborate protections for accidental murderers? The shiur develops that cities of refuge aren't prisons but learning centers designed to teach the immortal value of human life. When someone kills accidentally, it reveals they lack appreciation for the tzelem Elokim in every person.
