Makos 4b.<\/p>\n
So the question is\u00a0how can\u00a0one\u00a0say that Eidim Zomemin is\u00a0not<\/em>\u00a0a\u00a0kenas?\u00a0<\/em>They pay more than the intended damage (the Halocho is that they pay only when the falsely accused defendant\u00a0didn\u2019t<\/em>\u00a0pay).\u00a0<\/em>\u201cKa\u2019sher zomam ve\u2019lo ka\u2019sher oso\u201d.<\/p>\n Reb Elchonon\u00a0explains that what\u00a0creates\u00a0the Eidim Zomemin\u2019s\u00a0obligation to pay is\u00a0the\u00a0Beis Din\u2019s\u00a0verdict<\/em>\u00a0that they are obligated to pay. Therefore, since it is only as a result of a\u00a0Beis Din\u00a0ruling\/verdict, the required payment by the\u00a0Eidim Zomemin\u00a0has the category of\u00a0money<\/em>\u00a0and not\u00a0kenas<\/em>.<\/p>\n Furthermore, even if the Eidim wanted to cause the defendant to\u00a0pay\u00a0a\u00a0kenas,\u00a0<\/em>for example “Motize Shem Ra” nevertheless the money that the Eidim Zomemin are obligated to pay, becuase it is going through Beis Din, \u00a0has the category of money and not\u00a0Kenas.<\/em><\/p>\n We heard some valid arguments to the contrary. Nu, that\u2019s the idea of the shiur.<\/p>\n 2-\u00a0 \u00a0 \u05dc\u05d0\u05d5 \u05e9\u05d0\u05d9\u05df \u05d1\u05d5 \u05de\u05e2\u05e9\u05d4.<\/p>\n We spoke about what the\u00a0definition\u00a0of\u00a0\u2018doing nothing\u2019\u00a0is.\u00a0Gornisht, Gor gornisht (a groiser Gornisht\u2026.HV)<\/p>\n 3- We mentioned the\u00a0Aruch\u00a0<\/strong>\u2013 the first Hebrew encyclopedia\/dictionary\u00a0written by\u00a0Reb Noson of Rome, Italy, a contemporary of Rashi.\u00a0Actually this sefer is much more than just definitions of Aramaic words in Chaza\u201dl. The author incorporates many Halachik opinions in various topics. Many Rishonim, including Rashi and Tosfos quote him and discuss his rulings.<\/p>\n Interestingly the Aruch was one of the first Jewish books to be printed. See\u00a0here<\/a>\u00a0and below for the Venice edition of 1531.<\/p>\n Reb Noson had an interesting life. Read more:\u00a0\u00a0English<\/a>, or\u00a0Hebrew<\/a>.<\/p>\n 4-\u00a0 \u00a0 The prohibition of\u00a0Kilaim<\/a>\u00a0is the planting of a grape seed with a wheat seed. Rabbi Akiva adds that also when one is \u2018Makayem\u2019<\/em><\/strong>\u00a0Kilaim one is chayev Malkus.<\/p>\n What is the definition of\u00a0 the word \u2018Makayem\u2019<\/em><\/strong>\u00a0?<\/p>\n The Aruch\u2019s\u00a0definition of being “Mikyem”\u00a0Kilaim<\/em>\u00a0is that he did nothing at all,\u00a0he didn\u2019t plant the seeds, the wind blew them in and\u00a0he just let\u00a0<\/em>remain<\/em>\u00a0there<\/em>.<\/p>\n Tosfos does not like this interpretation\u00a0because\u00a0according to Rabbi Akiva\u2019s opinion that one needs to perform an action to receive Malkus, if\u00a0one\u00a0really did nothing\u00a0(such letting it remain in the ground)\u00a0how can\u00a0one\u00a0receive Malkus for doing nothing<\/p>\n Therefore Tosfos has his own\u00a0definition of the word \u2018Makayem\u2019<\/em><\/strong>\u00a0\u00a0Kilaim<\/em>.\u00a0<\/em>It means\u00a0that he built a fence around\u00a0the Kilaim. Tosfos considers that an action in the prohibition of Kilaim.<\/p>\n We mentioned that\u00a0Tosfos’s answer is hard to understand because\u00a0one\u00a0still did not do an action\u00a0with the actual\u00a0Kilaim<\/em>\u00a0which would warrant him to receive Maulks!<\/p>\n 5-\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0For Gimmel Tamuz we semi-joked about the definition of a \u201cmeshichist\u201d\u2026..that it is an easily moveable and adjustable definition\u2026\u2026.<\/p>\n 6-\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0We mentioned the Ohr Hatorha about the definitions\u00a0of death according to Kabala and Chassidus.\u00a0The Rebbe Rashab also expounds on this topic. See attached.<\/p>\n At issue is an age old question of the Zohar and others. How can the Torah state that the cause of death in the human race is a result of Adam\u2019s eating from the Tree of Life when the Torah (which preceded the creation of the world) states many laws of impurity which comes as a result of touching a dead body. It seems that death was programmed in the human race even\u00a0prior\u00a0<\/em>to Adam\u2019s failure in Gan Eiden.<\/p>\n The Zohar (as explained by the Rebbe the Tzemach Tzedek) responds that true, death was part of the original plan. But that \u2018death\u2019 would be a mere \u2018transfer\u2019 from one world to another. (Story of Reb Leivik).<\/p>\n In these \u2018lighter forms of death\u2019 the body either:<\/p>\n a-<\/strong>\u00a0\u00a0\u00a0\u00a0\u00a0<\/strong>ascends with the soul (Eliyohu and Chanoch) or,<\/p>\n b-<\/strong>\u00a0\u00a0\u00a0\u00a0<\/strong>\u00a0the body ceases to function and is actually buried. But the soul \u201ctransfers to another world just like one changes from weekday clothes to Shabbos clothes\u201d.<\/p>\n In either case, had not Adam sinned, \u00a0one would not feel what is called \u2018the pain of death\u2019. This was the\u00a0original<\/em>\u00a0idea of death!\u00a0Painless.<\/strong><\/p>\n The sin of Adam caused humans to go thru \u2018ta\u2019am miso\u2019. A more \u2018gross\u2019 form of death.<\/p>\n Has any human experienced this (b-<\/strong>\u00a0body ceases to function but soul is transferred) \u2018lighter form of death\u2019?<\/p>\n The Tzemach Tzedek says that that is the meaning of \u2018Ya\u2019akov ovinu lo mes\u2019.<\/p>\n <\/p>\n Ohr Hatorah<\/a><\/p>\n Atres Chukas<\/a><\/p>\n","protected":false},"excerpt":{"rendered":" Makos 4b. We spoke about Reb Elchonon’s answer to\u00a0a famous\u00a0question. The definition in Sha\u201ds of a \u2018kenas\u2019\u00a0(as opposed to \u2013 \u2018momon\u2019 regular payment of a guilty party)\u00a0is when one is obligated to pay\u00a0more\u00a0than the actual damage incurred. Such as \u201ckay\u2019fel\u2019 \u2013 a punishment to pay\u00a0double\u00a0the amount of the theft. So the question is\u00a0how can\u00a0one\u00a0say that … Continue reading Makos 4b. (7\/1\/14)<\/span>