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The Limmud for "before the punishment" is from Kaasher Zamam, not Kaasher Asu (what they planned to do, not what they succeeded in doing). With a Challal, when the Eidim are made Zomminim, the whole Challal is undone and it is as if it never happened. So in the end they were only planning, they didn't succeed, so they are still under to the din of Kaasher ...


4

According to Beth Din of America, Reuvain can end up with Shimon in Beit Din in three ways: Parties may end up before a beth din either: under a preexisting contractual provision that requires the resolution of a dispute before that beth din, after they have mutually agreed to have that beth din decide a dispute or because they have ...



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