More Discussions for this daf
1. Never Recalled - Lofty Level as Moshe 2. Mamzer 3. Prophecy of Bil'am
4. Mamzerim 5. Arayos, Beis Din, and Kares 6. Chazakah on Child
7. דין ממזר
DAF DISCUSSIONS - YEVAMOS 49

Aharon Gal asked:

Harav, Shalom:

My understanding is that Mitat Beit Din is more severe punishment than Karet. Readin the peirush Rashi in Devarim 23 pasuk 1-4, and Rambam "Isurei Bi'ah" Perek Alef, I understand that in Arayot whenever one gets Mitat Beit Din, he gets also Karet. My questions are:

1. Do I understand this right?

2. Is it only in Arayot?

3. Is it not contradict the rule of not having two punishments on one aveira?

B'Chavod Rav,

Aharon Gal, Fair Lawn, New Jersey USA

The Kollel replies:

Dear Aharon,

1) Correct. All Arayos deserve Kares. Some of them also deserve Misas Beis Din. But if Misas Beis Din is carried out and he did Viduy and Teshuvah before death, Kares is removed! See Makos 23a that getting Malkos removes Kares (Rambam Hilchos Sanhedrin 17:7). Also Misas Beis Din removes Kares (Raavad on Rambam Hilchos Shevu'os 12:1). All those put to death should say Viduy -Sanhedrin 43b and Rambam Sanhedrin 13:1 ... and receive Olam ha'Ba.

2) Not only Arayos. Also by Shabbos, Avodah Zarah, blaspheming and more. Actually out of 36 cases of Beis Din, 24 deserve Kares (see Tiferes Yisrael, end of Mishnayos Sanhedrin).

3) The rule is that Beis Din cannot give more than one punishment. However, Kares comes from Heaven. Beis Din only gives one punishment. See Makos 13b concerning Kares and Malkos.

All the best,

Reuven Weiner