Makos 2b
- We spoke about Zomemim that it is a Lav that is not connected with an action. Lav She’in Bo Ma’ase where the general rule is that Malkus is never given.
Why is Zomemim a Lav that is not connected with an action?
Either because when “testifying” one just utters words or (even if talking is considered an “action”) or because the concept of a witness is “testifying what he “saw”, “and that, seeing, is not considered an “action”.
We mentioned the Magid Mishna’s opinion of the Ramba”m, that even if you are ovier a lav without an action, if it was possible to do the lav with an action you are still going to get Malkus. (Lengthy Minchas Chinuch on this topic. # 8)
The opinion of the Rambam (as opposed to many others) is that witnesses can indeed submit their testimony in writing! Thus Zomemim should be considered a Lav that does indeed have “action”. A gute kashe
2. Ramban’s view that the real punishment for someone’s ox killing a person is misa bidei shmoyim. The “koifer” (atonement payment) is a means to avoid the misa bidei shmoyim. It is a substitute. Therefore the first set of eidim never really could have caused misa bidei shmoyim to happen to the victim, because heaven always knew he was innocent. Thus the eidim zomemeim can’t be required to pay the “koifer” which is only a substitute.
3-We started speaking about Reb Elchonon Wasserman’s vort on an Eved Ivry. See here in English or Hebrew.
Attached is the preface his children wrote for his famous book “Kovetz Shiurim”. On the last page is the fascinating story of his heroic and holy stance before he was killed by the Germans YM”S.