The halacha is that if a set of eidim are proven zomimim and are chayav malkos, each eid individually receives the full measure of 39 malkos. However, if the eidim zomimim are chayav money, the amount is split between them. My son is learning Makkos and his shiur discussed why there should be a difference in the way the punishment is meted out. Based on the chakira in yesterday’s post (is a haggadah of an eid echad not a haggadah, or is it a valid haggadah but beis din cannot act unless two eidim come) one might suggest the following: by mamonos, each eid’s haggdah is valid and causes a % of the total amount being assessed. By malkos, however, each eid’s haggadah individually is meaningless - the haggadas eidus is the voice of the set of eidim as a unit, not of any individual member. The punishment of malkos is therefore is not based on a % of damage that each individual eid tried to cause, but is based on the “shem” eid zomem, the status of being a person who testifies falsely, which demands complete punishment.
R’ Shimon Shkop rejects this sevara in favor of a different approach. R’ Shimon suggests that the purpose of payment by the eidim zomimim is to make restitution; the intended victim cannot collect more than he would have stood to lose, and therefore each eid pays only a % of the total. The purpose of malkos is to punish each witness, and each witness individually must bear that suffering.
R’ Shimon’s sevara strikes me as the type of thinking that seperates Sha’arei Yoser from the world of Brisk (this would be a great topic for a longer series of posts that I don’t have time for). Briskers notoriously avoid asking “Why?” – the focus is on structure, not reason. R’ Shimon constantly looks at the underlying cause of the din – the reason the eidim get malkos or pay is crucial to being able to properly understand the structure that emerges. It would be nice to take a few sugyos written on by both and compare, but I’m afraid I don’t have time now to do that.