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|KESUVOS 32 (10 Av 5782) - Dedicated by Rabbi Dr. Eli Turkel of Ra'anana, Israel, in memory of his father, Reb Yisrael Shimon ben Shlomo ha'Levi Turkel. Isi Turkel, as he was known, loved Torah and worked to support it literally with his last ounce of strength. He passed away on 10 Av 5740.|
One is not punished with both Malkus and a monetary obligation.
A man does not pay a penalty for raping or seducing a Bogeres (a girl above twelve and a half), but he does pay for Boshes and Pegam. (1)
A man who rapes or seduces a Shotah does not have to pay for Boshes or Pegam.
A person who seduces an orphan does not have any obligation to pay. (2)
Ula: If there is both a monetary Chiyuv and a Chiyuv Malkus, the monetary Chiyuv applies and not the Chiyuv Malkus.
A person who wounds his friend must pay five payments. (3)
Edim Zomemim are obligated to pay even though they do not receive any Hasra'ah (warning).
Rebbi Yochanan: If there is both a monetary Chiyuv and a Chiyuv Malkus, the punishment of Malkus applies and not the monetary obligation.
One who wounds his friend and causes less than a Perutah's worth of damage is punished with Malkus. (4)
Rebbi Meir: If Edim Zomemim attempted to falsely obligate someone to pay 200 Zuz, they must pay, and they receive Malkus. Chachamim: They are not punished with two punishments. (5)
A BIT MORE
1. In the case of a rape, he also must pay her for the pain. The Pegam is assessed by the difference in price between a maidservant who is a Besulah and one who is not. A maidservant who is a Besulah is more valuable, because she can be given as a wife to a servant who is doing valuable work for his owner.
2. Since she was a willing party, she forfeited the payments.
3. He pays for damages, pain, medical attention, unemployment payments, and the embarrassment that is caused.
4. Since there is no monetary obligation in this case, he is punished with Malkus.
5. The Chachamim maintain that the Edim Zomemim pay the 200 Zuz, and they do not receive Malkus.
THE PAYMENT FOR WOUNDING ONE'S FELLOW MAN
The Gemara is in doubt about whether paying money is more stringent or less stringent than punishment with lashes. Tosfos asks, if paying is a more lenient punishment, then why does a person have to pay money when he wounds his friend, instead of receiving Malkus? Why should he be given the less severe punishment? Tosfos answers that the Torah is more concerned with the victim's recovery of the damages that were incurred than with punishing the perpetrator.
Edim Zomemim do not require Hasra'ah. Edim who are contradicted and subsequently made into Edim Zomemim receive the punishment of Misah, Malkus, or Mamon, because being contradicted is the beginning of the Hazamah, but the Hazamah is not yet completed. (Rambam, Hilchos Edus 18:4)
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