Series: Daily Shiur

Venue: Jerusalem Jerusalem

Gemara:

Makot 

Halacha:

Beit Din,  Choshen Mishpat 

Collections: Rabbi Berzon: Makkot

Description

We will study the Mishna on 5a: how do the Eidim become Zomemim? The Mishna establishes the difference between Hakchasha and HaZama. The Rambam uses this Mishna and its underlying principle as the window through which we can began to appreciate the Halachik logic behind the Chidush of Eidim Zomemim, i.e. we believe the Mazimim rather than the Zomemim. Based on the Rambam's analysis we will attempt to explain the strage conclusion of the Tiferes Yisrael that if the second pair of Eidim are both Makchishim & MaZimim at the same time, the mechanism of HaZama is null and void.