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When false witnesses are zomemim, do they face the same penalty their victim would have faced? The shiur explores whether a thief's obligation is mechira (being sold as a slave) versus payment, and analyzes Rashi (רש"י) and Nimukei Yosef's different approaches to this fundamental question.
This shiur analyzes a complex sugya in Makkos 2b dealing with the laws of eidim zomemim (false witnesses) in cases involving theft where the penalty would be mechira (being sold as a slave). The Gemara (גמרא) discusses scenarios where witnesses testify that someone stole but don't have money to pay, requiring them to be sold. The fundamental question is whether the obligation is primarily mechira or payment, and how kasher zomam applies. Rabbi Zweig begins by examining the Rambam (רמב"ם)'s position in Hilchos Geneivah 3:11, which seems to treat selling as simply a method of debt collection - first you take metaltelim (movables), then karka (real estate), then you sell the person. This creates difficulties with the Gemara's discussion, as it would make the entire sugya about kasher zomam problematic.
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Makkos 2b
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