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.

  • Hey yoo, Welcome to mi.yodeya, and thanks very much for all the participation! I think that this question is probably in fulfillment of lo.yodeya.com/2010/01/guidelines-jargon.html , given its specialized nature, but it might be worthwhile for you to expand on some of the terms anyway. – Isaac Moses Apr 25 '10 at 23:13

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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    Just to clarify: the only way she could be killed is if there was testimony of her consenting infidelity while she was betrothed. – Shalom Apr 26 '10 at 14:07

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