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Kerisus 003: Full Sister as Opposed to Half Sister
Hillel (Sabba) Markowitz asks:
Why is there a question about krisus applied to a full sister as
opposed to a half sister (first line on the daf). Since one is liable
for each half sister individually, should he not be liable under each
category individually. That is, he should be liable for violating the
"daughter of his father" even though she is also the "daughter of his
mother". Similarly, he should be liable for "the daughter of his
mother" even though she is also "the daughter of his mother".
I think that I understand how Rashi points out that one cannot use a
kal vachomer to learn the punishment, however, in this case, why
would the individual segment for which he is liable be sufficient.
Technically is this not similar to the case in which a person becomes
chayav to the death penalty twice? It is impossible to perform the
punishment twice so that he is punished once even though he is liable for both.
Hillel (Sabba) Markowitz
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The Kollel replies:
The Maharsha explains that the reason for the rule of "Ein Onshin Min
ha'Din" is that it is possible that the person has done such a severe
sin that the punishment for the smaller sin does not suffice.
Accordingly, even if we know that one receives punishment for
relations with a half-sister, and this woman is also a half-sister,
it is possible the Torah did not even prescribe a punishment for
relations with a full-sister since it is such a severe sin (similar
to Chilul Hashem). This is why a verse is required to teach that one
receives the same punishment.
All the best,
Yaakov Montrose
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