Hi rav kornfeld, a question for you or the kollel. If edim zomemim come and try to frame someone for a crime, but they think the punishment is x versus it actually being y. Do they get the punishment they thought it was which seems to be "kaasher zamam", or do they get the statutory punishment from the Torah?
This may be relevant also in capital cases, in the following case. At a time when the courts were executing very few people (like the mishna in makkot about a sanhedrin chavlanit), the witnesses could claim they didn't think the defendant will actually be executed. And then if he is sentenced, and they are zomemim they wind up executed, which is not exactly what they intended.
Thank you!
Josh
Dear Joshua,
First of all, you assume "Ka'asher Zamam" means his thoughts. However, it could mean "according to the plan" the Edim are actually executing, and its assumed results if it is executed!
Actually, there is a deep discussion by the Kovetz Shi'urim (Rav Elchanan Wasserman zt'l Hy'd), Kesuvos #107-108, on the definition of the punishment. Is it that the punishment is given in direct accordance with their planning, or do the Eidim get the sentence that was issued for the victim but which now reverts to them like an inheritance (he proves the second way). (There are many subtle differences, beyond the scope of this answer; see the Kovetz Shi'urim in depth). If so, the Torah sets the punishment on the theoretical results and not according to his intentions.
All the best,
Reuven Weiner