Unit 7

Question 1

קנס

Answer 1

“Penalty” - Money payed to a victim does not equal the damage done, it is considered a penalty not a compensation

Question 2

קנס אין משלם ע״פ עצמו

Answer 2

One doesn’t pay aקנס when one confesses to the crime”.
-From שמות כב:כ we learn that only when a person is found guilty by the court (״אשר ירשיען אלוקים״) do they pay a Kenas (״ישלם שנים״). This excludes where the perpetrator turns themselves in and establishes their own guilt , and therefore don’t pay on their own guilt.

Question 3

כיון שהגיד שוב אינו חוזר ומגיד

Answer 3

“Since he has spoken, he can no loneger retract and speak again”.
-Once a witness gives initial testimony in the court and it has been accepted, the witness can no longer get up and change their testimony.

Question 4

תדע

Answer 4

I will prove it

Question 5

חלקו

Answer 5

His portion

Question 6

סלקא דיתך אמינה

Answer 6

I would’ve thought

Question 7

רבה

Answer 7

Status: Amorah
Location: Bavel

Question 8

רב נחמן

Answer 8

Status: Amorah
Location: Bavel

Question 9

רב

Answer 9

Status: Amorah
Location: Bavel

Question 10

Rambam:
A) Does Rambam accept the exception which Rabbi Akiva states in the Braita as the Halacha?
B) Which example does Rambam bring of when we treat penalty of Ka’asher Zamam as aקנס?
C) When will the penalty of Ka’asher Zamam flip from being considered aקנס to being consideredממון?
D) What is the example brought of a case when the penalty of Ka’asher Zamam is considered to be aממון?
E) Which definition (out of the 5 brought in our Gemara) does the Rambam accept as the true explanation of Rav’s statement?
F) Why does the Rambam not bring the other 4 interpretations which the Gemara discusses?

Answer 10

A) Yes
B) In a case where E”Z testify at another Beit Din and say that in a previous Beit Din we were disqualified throughהזמה and fled before we were obligated to be punished
C) When the punishment was decided before they fled, they wouldn’t have to pay.
D) When E”Z testify at a court and say that we testified at another Beit Din that a man must pay money, and were disqualified throughהזמה and our financial punishment was decided before we fled. Then they would have to pay Ka’asher Zamam.
E) The 5th case: Where the punishment was decided but the E”Z fled before they paid and one E”Z testified of his own guilt in another Beit Din.
F) Because they have all been disqualified, and Rambam is talking about Halacha.

Question 11

Ritvah:
A) What question is bothering the Rita?
B) How does he resolve this question?
C) What resolution does he bring in the name of the חבורה?

Answer 11

A) How can Rava propose that Rav is talking about a scenario where one witness says “I testified falsely” and therefore must pay his portion. That is a case of עדות שקר (false testimony), not one ofהזמה (which requires Group B saying “״…….עמנו הייתם), and Rav clearly says: ״עד זומם משלם לפי חלקו״
B) The question is a good one and the Gemara could have used it to knock off Rava’s interpretation of Rav, but the editor of the Gemara preferred to ask a different question to knock it off
C) Rava interprets Rav in the following way: Group A give testimony and print to Group B arriving and making them A”Z, one of the witnesses says: “I retract my testimony, I lied”. In such a case, the other one becomes an E”Z, and would have to pay his portion. The Gemara then it knocks it off.