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When eidim zomemim testify against a bas kohen and her paramour, which punishment do they receive? The shiur analyzes the machlokes between Rashi (רש"י) and Tosafos (תוספות) 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.
This shiur examines the complex sugya of eidim zomemim in Makkos 2a, focusing on the case where witnesses testify against a bas kohen who committed adultery. The central question is which punishment the zomemim receive when there are conflicting death penalties involved - the bas kohen gets sreifa while her paramour gets chenek. The shiur begins by analyzing Tosafos (תוספות)' approach, which argues that the zomemim must receive chenek rather than sreifa. Tosafos reasons that if there were no paramour in the case, the zomemim would still get chenek, proving this is the standard punishment. This leads to Tosafos' conclusion that the Gemara (גמרא) must be discussing a case where there is no actual paramour, making the zomemim's punishment chenek by default.
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Makkos 2a
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