REVACH L'DAF

brought to you by Kollel Iyun Hadaf of Yerushalayim
daf@dafyomi.co.il    http://www.dafyomi.co.il
& Revach l'Neshamah - http://www.revach.net


MAKOS 2
Ask the Kollel
Ask the
Kollel

SUMMARY

1. If two witnesses testify that a Kohen is the son of a divorced woman or a Chalutzah, or that someone is Chayav Galus, and they subsequently become Zomemim - the witnesses are punished with Malkus.
 
2. If two witnesses testify that the daughter of a Kohen committed adultery, and they turned out to be Zomemim, they are put to death with Chenek.
 
3. If witnesses are found to be Zomemim after the victim of their testimony has been put to death, they are not punished.
 
4. If witnesses testify that someone's ox killed a person and they are found to be Zomemim, the witnesses do not have to pay Kofer.
 
5. There is a disagreement if the value of the Kofer payment is based on the value of the victim or the value of the owner of the ox.
 
6. Two witnesses testified that someone stole money. He did not have the money to pay, so he was sold into slavery. If the witnesses are found to be Zomemim, they are not sold into slavery.
 
7. Rebbi Akiva teaches that payments made by Edim Zomemim are a Knas. Therefore, if they admit to owing it, they are exempt from paying.

A BIT MORE

1. Edim Zomemim are usually given the same punishment that they attempted to inflict on the victim. However, these cases are an exception, and they are punished with Malkus instead.
 
2. Although a Bas Kohen who is Mezanah is Chayav Sereifah, the Bo'el is Chayav Chenek. The Torah teaches that the Edim Zomemim receive the punishment of the Bo'el and not of the Bas Kohen.
 
3. Edim Zomemim are put to death only if they became Zomemim after the Gemar Din (sentencing) and prior to the actual execution of the Gemar Din.
 
4. The owner of an ox which fatally wounded a person is obligated to pay Kofer. According to the opinion that the payment of Kofer is for the purpose if atoning for the owner of the ox, the Edim Zomemim do not have to pay the Kofer. They are not in need of atonement since their ox did not kill anyone.
 
5. The Rabanan maintain that the owner of the ox pays the value of the victim. Rebbi Yishmael ben Berokah says he pays his own value. Rebbi Yishmael ben Berokah maintains that Kofer is for the purpose of atonement and therefore he pays his own value. Even according to the Rabanan, it is possible that the Kofer payment is for atonement, but the atonement is paid in accordance with the value of the victim.
 
6. If a person does not have the means to pay for an item that he stole, he is sold into slavery in order to pay for it. Rava explains that Edim Zomemim are never sold into slavery, even if the target of their testimony did not have the means to pay for the item, and even if the witnesses also do not have the means to pay for the item.
 
7. Rebbi Akiva says that although the Edim Zomemim did not actually cause harm to anyone, the Torah still obligates them to pay. The payment is a Kenas.

Next Daf

Index to Revach for Maseches Makos


MAIN MAKOS PAGE

KIH Logo
D.A.F. Home Page

Other Masechtos  •  Join Mailing Lists  •  Ask the Kollel
Dafyomi Calendar  •  חומר בעברית
Donations  •  Feedback  •  Dafyomi Links