Saturday, August 10, 2019

talmud gemara - The concept of קם ליה בדרבה מיניה


I'm trying to understand this concept. I've Googled around and could't find any straightforward answers. I don't need too many details, just the explanation that's given in the Gemara (I understand this is derived from the Gemara). Can somebody provide the types of situations this applies to. I'm sorry for typing the way I am, I just heard of this concept and can't get to any books to go deeper into it (as I am on a summer vacation).



Answer



In essence, the idea is this:


If a person does one act, and with that one act incurs two different kinds of penalties, we only apply the stricter one. So if a person (for example) borrows a cow and then slaughters it on Shabbos, he incurs two penalties: monetary restitution to the owner of the cow, and the death penalty for violating Shabbos. In this case, Beis Din only applies the stricter punishement, death, and the lesser one, the money, is waived.


Again, there are other details and complexities, but this is the general idea.



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