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How does the Gemara (גמרא) learn that eidim zomemim against a ben gerusha or ben chalutza receive malkos? The shiur analyzes the Gemara's derivation from "v'hitzadakta es hatzadik v'hirshata es harasha" and explores the fundamental machloket between Rashi (רש"י) and the Rambam (רמב"ם) regarding whether this involves one or two baalei dinim.
This shiur provides an in-depth analysis of Makkos 5a, examining the Gemara (גמרא)'s discussion of eidim zomemim who testify falsely about someone being a ben gerusha or ben chalutza. The Gemara asks for the remez (hint) from the Torah (תורה) that such eidim receive malkos, since normally eidim zomemim are subject to "ka'asher zamam" - they receive the same punishment they intended to inflict. The Gemara derives this halacha (הלכה) from the pasuk "v'hitzadakta es hatzadik v'hirshata es harasha v'haya im bin hakos harasha." Rabbi Zweig explains that this creates a din of "rosha" on the eidim, which then makes them subject to malkos under "v'haya im bin hakos harasha."
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Makkos 5a
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