Kollel Iyun Hadaf Makos 002: Ka'asher Zamam through Malkus - Tosfos
Kollel Iyun Hadaf Makos 002: Ka'asher Zamam through Malkus - Tosfos Makos 002: Ka'asher Zamam through Malkus - Tosfos Nati asks: How can Tosfos say that malkos would be casher zamam when the gmeara says that some people don't have din hazama done to them. That surely implies malkos is not casher zamam? thanks and have a great evening! The Kollel replies: Hi Nati, Your excellent question is the basis for a topic well-spoken of in the Yeshiva world. The question is: Is the Malkus given in this case due to the Lav of Edim Zomemim, or does the verse of "v'Hitzdiku" teach that even though the Lav of "Lo Ta'aneh" is a Lav she'Ein Bo Ma'aseh (which is usualy exempt from Malkus), it is still punishable with Malkus? Some say that these two opinions are the opinions in the two answers of Tosfos. The answer you brought maintains that the Malkus comes as a subst...