[Avodah] Kim lei bdraba minei:

[Micha Berger]

On Thu, Oct 25, 2018 at 01:33:46PM +0000, Rich, Joel via Avodah wrote:
: Kim lei bdraba minei: Given the difference in the requirements for
: accepting testimony in capital and civil cases, could one be found not
: guilty for the death penalty for an act with capital implications but
: have to pay damages for the monetary damages from that act, or do we
: say lo palginon (we don't split)?

QLbdRM applies to chaivei misos shogegin. Because it's shoegeig, BD
doesn't kill him, but because he violated a law that carries dinei
nefashos, he is off the hook for paying a plaintiff as well.

Although in the case of shogegin, the Maharshal says he is chayav
to pay midinei Shamayim, even if the court can't force him to
pay, and the Qetzos questions this.

REWasserman (Qoveitz Shiurim 93) says there are two issues -- which
crime to try and which punishment to give. Because in the case of
shogegin, there is only the first -- we try for the worse aveirah,
but HQBH still holds him accountable for the onesh of the lesser
one, since that's the only onesh he is up for.


Tir'u baTov!
-Micha

-- 
Micha Berger             Despair is the worst of ailments. No worries
micha at aishdas.org        are justified except: "Why am I so worried?"
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