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THE DAFYOMI DISCUSSION LIST
brought to you by Kollel Iyun Hadaf of Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Sanhedrin 052: Onshin Min ha'Din
Mr Sender Goodman <[EMAIL PROTECTED]> asked:
The gemara on daf 52b in Mesechta Sanhedrin discusses the misa of sayaf. The
gemara says that by murder of an eved you get the misa of sayaf. So then the
gemara asks what about a regular person? So the gemara wants to suggest that
it's a kal vchomer. An eved who is lower than a full fledged yisroel gets
sayaf then surely a full fledged yid gets sayaf. The gemara then objects
because it is toluy in the machlokes of which misa is worse - sayaf or
chenek. So the gemara ends off by learning from Egla Arufa according to the
shitah that chenek is more chomur.
My question on this is that why don't we object by saying Ain Onshin Min
Hadin? There is rule in onshin that one does not get an onesh as a result of
a kal vchomer. So why would I upgrade the misa from chenek to sayaf based on
a kal vchomer if we never punish based on a kal vchomer?
Your help on this question would be much appreciated
Mr Sender Goodman, Brooklyn, NY USA
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The Kollel replies:
The YAD RAMAH there writes that since we already know that the death
penalty is to be administered and we only want to clarify *which* death
penalty, it is not called "Onshin Min ha'Din." The Kal va'Chomer is not
teaching that there *is* an Onesh, but what the Onesh is.
Best wishes,
M. Kornfeld
Kollel Iyun Hadaf
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