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When false witnesses claim someone stole and should be sold as an eved ivri, what punishment do they receive? The Rambam (רמב"ם) holds they only pay money since theft creates a monetary obligation, not a status change. The Tur argues they always get malkos because selling for theft is a punishment (onesh), making them eidim she'eino yecholim lachazor.
This shiur analyzes a fundamental machlokes between the Rambam (רמב"ם) and Tur regarding the punishment for eidim zomemin who testify that someone stole and should be sold as an eved ivri. The Gemara (גמרא) in Makkos 2b discusses whether these false witnesses receive malkos or pay money, and whether it matters if they have money to pay. The Rambam in Hilchos Eidus holds that when someone steals, the primary obligation is monetary payment (chiyuv mamon). Sale as an eved ivri is merely a method of collection when the thief cannot pay, not a separate punishment. Therefore, when eidim zomemin falsely testify about theft, they receive the same monetary obligation - they must pay money, not receive malkos. The Rambam reads the Gemara's conclusion as establishing that there is no independent din of mechira (sale) for theft.
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Makkos 2b
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