No community start suggestion yet.
How can eidei zomemim receive malkis for false testimony about a kofer case when there's a conflicting monetary obligation? The shiur develops the Rambam (רמב"ם)'s approach that kofer is not merely financial payment but rather a din of 'hirshu rasha' - a psak beis din declaring someone a rasha. This resolves both the Ramban (רמב"ן)'s question about malkis and explains the hekesh between misas hashor and misa b'dei shamayim.
This shiur analyzes a complex passage in Makkos 2b dealing with eidei zomemim (conspiring witnesses) in cases involving kofer (ransom payment for a goring ox). The fundamental question addressed is how these witnesses can receive malkis (lashes) when there appears to be a monetary obligation that would exempt them from corporal punishment. The discussion begins with examining Rashi (רש"י)'s position and the Ramban (רמב"ן)'s interpretation. According to the Ramban, since kofer is fundamentally a din in misu b'dei shamayim (death by divine punishment), when witnesses are exposed as zomemim, their testimony becomes retroactively meaningless because shamayim never needed their eidus. This creates a fundamental problem for the Rambam (רמב"ם)'s position that such witnesses do receive malkis.
Looking for the full summary?
Full access is available to members of the TUF Alumni Association or the Yam Hagadol Foundation.
Already a member? Let the admin know!
Dedicate a Shiur in Gemara
L'ilui nishmas a loved one. In honor of a simcha or yahrzeit. As a zechus for a refuah sheleimah. Your dedication helps carry Rabbi Zweig's Torah to learners around the world.
Why does halacha forbid entering dangerous places if everything happens by Divine decree? The shiur examines the debate between Rashi and Tosfos on traveling at night, developing a fundamental distinction: Rashi holds one must avoid even deserved punishments that Hashem delays through mercy, while Tosfos holds the prohibition addresses self-inflicted harm through free will. This framework reveals how people rationalize self-destructive behavior as "hashgacha."
Why does the Gemara praise hospitality to scholars as a unique mitzvah rather than ordinary hachnasas orchim? The shiur distinguishes two mitzvahs: hachnasas orchim (providing for those in need) and connecting to talmidei chachamim (cleaving to God through scholars). Yisro's meal for the Jewish leaders wasn't charity—it was his way of bonding with those transformed by Torah, teaching that learning must fundamentally change who we are.
Makkos 2b
Looking for the full transcript?
Full access is available to members of the TUF Alumni Association or the Yam Hagadol Foundation.
Already a member? Let the admin know!
