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Why does the Mishna call witnesses who testify that a kohen is a ben gerusha 'eidim zomemim' when they don't receive the standard hazamah punishment? The shiur develops that the Torah (תורה) requires eidim zomemim conviction standards even when excluding the usual kazamat punishment. The conviction must meet hazamah criteria, but the punishment becomes malkus rather than reciprocal consequences.
The shiur begins with a textual question on the Rambam (רמב"ם)'s codification of the Tosefta's ruling about ben gerusha, ben chalutza, noting that while the Rambam typically follows Tosefta when there's no disagreement with Bavli, he omits the specific case of mamzer mentioned in the Tosefta. This leads into the main Gemara (גמרא) discussion. The central question emerges from Ula's statement asking for a remez (hint) for eidim zomemim from the Torah (תורה). Rabbi Zweig identifies a fundamental difficulty: the Gemara just established that in cases of ben gerusha and ben chalutza, there is no din hazamah - no standard eidim zomemim punishment of 'ka'asher zamam.' Yet the Mishna refers to these witnesses as 'eidim zomemim.' This seems contradictory.
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Makkos 2b
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