On Tuesday evening, we began the new piece on Makkot 3a -
אמר רב יהודה אמר רב : עד זומם משלם לפי חלקו - which literally means that an ed zomem (singular) pays according to his portion.'
So far, we have seen two possible explanations for this halacha, and both are rejected. The first came in the form of the plain pshat of the statement - namely, in a regular hazama case, when two edim are implicated for having tried to cause the loss of money to Reuven (for eg, they testify that Reuven owes $1000 loan) they each must pay $500 to their intended victim - and not each $1000. Because apparently, we may have thought that to implement what each was independently intending to do was to cause a loss of $1000 to Reuven - so maybe each pays 1000? According to this explanation Rav Yehuda/Rav were coming to teach that the in the case of money, the payment is divided according to each of their roles in the edut: 500 a piece.
The Gemara, however, rejects this pshat, not because the halacha is not correct, but because this was taught in a mishna later on in the first perek of Makkkot: משלשין בממון - to which Rashi gives two explanations - both of which explain that the responsibility of witnesses in a zomimin case is equally divided amongst them, as a function of their number. (four edim divide payment four ways, etc)
So the next suggestion by the Gemara is that Rav Yehuda/Rav meant that if only one is "huzam" - then he pays 'his portion' ie his contribution to the incrimination. But the Gemara rejects this possibility because it's simply not true - there is a baraita that says that no ed zomem pays anything unless all the edim who testified are 'huzam' - therefore, there cannot be a scenario in which only one guy is huzam and pays. If not all are huzam, nobody is huzam!
Today's session will continue the quest for the pshat in Rav Yehuda/Rav
See you in shiur!
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