Makot 2a: Ben Grusha VaChalutza; comparing two answers of the first Tos'; the controversy bet Rambam & Ramban over the nature of Malkot for Edim Zomemim

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Date:
June 19 2013
Length:
1h 7min 24s
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27
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202
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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?

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    Learning on the Marcos and Adina Katz YUTorah site is sponsored today by Francine Lashinsky and Dr. Alexander & Meryl Weingarten in memory of Dr. Alvin M. Lashinsky, Avraham Moshe ben Meir Hakohen, z"l on the occasion of his yahrzeit on the 19th of Kislev, and in honor of their children, Mark, Michael, Julie, Marnie and Michelle, and in honor of Agam bat Meirav Berger and all of the other hostages and all of the chayalim