Series: Daily Shiur

Venue: Jerusalem Jerusalem

Gemara:

Makot 

Halacha:

Beit Din,  Choshen Mishpat 

Collections: Rabbi Berzon: Makkot

Description

What is Rav teaching us when he declares: Eid Zomem Meshalem LeFi Chelko? If he's teaching that in Eidim Zomemim each witness pays his proportion, this we already know from a Mishna. And if Rav is teaching that there was Hazama against only one of the two eidim & the Zomeim pays under the law of Hazama, this cannot be. Hazama only applies when both eidim were subject to Hazama (all or nothing). If Rav is teaching that one eid can confess that he purgered himself, and thereby disqualify his testimony, leaving only one eid left in the rink for Hazama, this cannot be, since a witness cannot disqualify his own testimony due to Keivan SheHigid. The testimony remains valid & the accused will pay. Will the admission engender a Dina DeGarmi?