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Are eidim zomemin (conspiring witnesses) liable for kenas or mamon? The Gemara (גמרא)'s kasha hinges on whether money still in the defendant's pocket can constitute nezikin. The shiur develops the chakira through the Rambam (רמב"ם)'s dual categories of hezek—b'yadayim versus l'maalah—and explores fundamental differences between Rashi (רש"י) and Tosafos (תוספות) on whether kasher zomemim requires actual payment to be classified as nezikin.
This shiur examines Bava Kamma 4b, focusing on the sugya of eidim zomemin (conspiring witnesses) and the fundamental question of whether their liability is kenas (a fine) or mamon (monetary restitution). The Gemara (גמרא) presents a machlokes between Rabbi Akiva, who holds it is kenas, and the Chachamim, who hold it is mamon. The central kasha revolves around the statement "eidim zomemin mamon" and how this fits within the avos nezikin framework. The shiur begins by reviewing the structure of the Mishna and Braisa according to Rabbeinu Yonah. The Mishna discusses adam hazek shor (person damages ox), which is a case of mezikin and monetary liability. The Braisa addresses adam hazek adam (person damages person), which involves both monetary compensation and an issur (prohibition). The Gemara's original kasha was: if we're listing categories of shor, why not list both shor hazek shor and shor hazek adam as separate categories?
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Bava Kamma 4b
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