I'm not well-versed in the laws of various punishments and how they interact in the g'mara. I've seen places -- most recently Ketubot 45, today's daf -- where it says that somebody is punished with lashes and also pays a fine. But I learned last week (Ketubot 38) that somebody who is liable to the death penalty does not also pay a fine, based on Shemot 21:22-23.

Is the death penalty special in that regard (because of the specific language in Sh'mot 21), or are there other punishments where there also cannot be an accompanying fine? And is it always true of the death penalty, or are there cases where one owes a fine before being executed?

I realize that we don't hand out most of these punishments today; I'm asking about the context of the g'mara, not current application.

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    Related: judaism.stackexchange.com/q/17372
    – msh210
    Mar 19, 2015 at 16:07
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    The case of מלקות וממון (lashes and a fine) is subject to dispute, though everyone agrees that both punishments apply in the case if מוציא שם רע where the Torah says so explicitly. There's also a case of ממון לזה ונפשות לזה though the parameters aren't perfect. If you ping me in about 10 hours I can write a comprehensive answer Mar 19, 2015 at 18:56
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    The case of motzei shem ra' in K'subos 45b is an exception where the violator is liable for payment and lashes (although some opinions, e.g. Rashba on Bava Kamma 71a, may extend this exception to payments that are fines, the Rambam does not - see e.g. Hil. Na'ara V'sula 1:11). Regarding other punishments, R' N'chunya ben Hakana (e.g. in M'gilla 7b) holds that this rule of קם ליה בדרבה מיניה also applies to kareis (e.g. someone who burns his fellow's property on Yom Kippur would not be liable to pay according to R' N'chunya. See Rashi, ad loc.). But I'll let @Matt answer in full.
    – Fred
    Mar 19, 2015 at 23:22

1 Answer 1


When is one absolved from paying in event of another punishment? Hope this setup makes it easy. This is a summary of אלו נערות Kesubos chapter 3 for those doing Daf Hayomi.

These two punishments have to be incurred simultaneously e.g launching an arrow 4 amos (cubits) on Shabbos in the reshus harabim (public domain) and tearing clothes on its path (Kesubos 30b-31a).

There are 4 types of punishment enacted by Beis din
1. death
2. lashes
3. Mamon - payment of damages
4. Knas - payment of a fine

Death together with payment of damages,* one is exempt from paying the damage when liable to death penalty according to everyone as the questioner brought from Shemot 21:22-23.
Death together with lashes one is exempt from lashes when liable to death according to everyone. See Kesubos 37a-37b where Rabbi Meir and Rabbanan both agree.
Death with Knas (payment of fine) Rabah in the name of Rabbi Meir holds you are chayav both, but Reish Lakish in the name of Rabbi Meir holds you are absolved from Knas when Chayav death. Rabanan hold like Reish Lakish whom the psak follows. (Kesubos 34b)

Lashes together with payment of damages ** Rabbanan (whom the psak follows) and Ulla in the name of Rabbi Meir both hold one is absolved from payment of damages when liable to lashes (except chovel and eidim zommemin for Rabbi Yochanan, and also seducing ones sister for Ulla,where one pays damages and is absolved from lashes), Because of "Kedei Rishato"- Only one punishment can be enacted (Devarim 25,2). But Rabba in the name of Rabbi Meir says one is liable to both lashes and payment of damages (Kesubos 34a-34b see Tosfos "Sovar").
Lashes together with Knas (fine) Rabbanan say one is absolved from the fine when liable to lashes with the exception of Motzi Shem ra where one is liable to both lashes and a fine of 100 shekel (with Motzi shem ra Rabbi Yehuda says you are only liable for the fine but absolved from lashes) (see Kesubos 46a) however Rabbi Meir says you are liable to both lashes and payment of fine e.g eidim zomemin (Makkos 4a).

Mamon (payment of damages) and Knas (payment of a fine) are both liable simultaneously according to everyone see Kesubos 29b e.g gneiva, or naara shenispatsa.


*Note: We pasken if there is no death penalty - because there is no warning or no beis din with semicha like nowadays - one is still absolved from paying (Kesubos 35a tana devei Chizkiya).

**Note:We pasken like Rabbi Yochanan who says that if there is no lashes - in a case where there is no warning or no beis din with semicha like nowadays - one is chayav to pay for damages, but Reish Lakish says even without enforcing lashes one is absolved from payment (kesubos 35a-35b)


P.S since we hold that chayvei Kareisos get Malkus when warned in front of eidim (Makos 13a), Rabbi Nechunia Ben Hakana (Kesubos 29a-29b) is effectively saying the same as Rabanan that one is absolved from payment in such a case of kareis (for which one gets Malkus so does not pay damages). However where there is no warning so Kareis happens without lashes, Rabbi Nechunia Ben Hakana holds one is exempt from payment but Rabanan would hold one is chayav payment like Rabbi Yochanan*


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