Why in the case of Lo Matzti Libitcha Bisolen in Makkot does a husband only get Makkot and pay shouldn't he get Kasher Zamam and be killed just like what would have happened to his wife.
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If you're referring to the Biblical case of "motzee shem ra": Deuteronomy 22:13--19; see Rabbi Kaplan's translation and notes, The Rambam explains (in Hilchos Na'ara Besula 3:6) that the case is in fact that the husband has two witnesses falsely testify against his wife; the witnesses are indeed "zamam"-ified and potentially executed. The husband arranged for false witnesses but never took the stand as a witness himself. (He'd be disqualified as a relative anyhow.) Hence he can't be executed; only flogged and fined. The Gemara points out that in any case where Person A hires Person B to do something evil (such as murder or being a false witness), it's Person B who takes most of the culpability. to paraphrase the Gemara, "I was just following orders" is nice, but he should have followed Divine orders before Person A's. |
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