Series: Daily Shiur

Venue: Jerusalem Jerusalem

Gemara:

Bava Batra,  Makot,  Sanhedrin,  Yevamot 

Halacha:

Choshen Mishpat 

Collections: Rabbi Berzon: Makkot

Description

In the cases of Ben Grusha & Ben Chalutza the Zomemim receive malkot and do not become Chalalim. In this shiur, we will want to know why there is no Ka'asher Zamam in these cases. Ben Chalutz is a particularly curious Din since this Psul is only Rabbinic in nature. We will analyze the two answers of the first Tos' regarding the principle of Edus SheAta Yachol LeHazima, as well as the controversy between the Rambam & the Ramban over the nature of Malkot for Edim Zomemim. Is the Malkot a Kiyum of KaAsher Zamam, or is it Malkot for the violation of a Lav?