Masechet Makot 5a-5b: The controversy between Chachomim & Rebby Yehuda acc to Rashi & the Rif

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Date:
December 25 2013
Length:
1h 7min 37s
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107
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Series: Daily Shiur

Venue: Jerusalem Jerusalem

Gemara:
Makot 

Collections: Rabbi Berzon: Makkot

Description

The Mishna in Makot establishes that if the Mazimim continue to attack each pair of Eidim who come in to Beit Din to testify that Reuvain killed Shimon, there is a controversy between Chachomim & Rebby Yehuda as to whether or not we believe the Mazimim. Rebby Yehuda casts suspicion on these Mazimim & refuses to accept them; the Chachamim disagree. In this shiur we will study two interpretations of this Machlokes (Rashi & the Rif). This will impact on another machlokes in the case of a woman who brings a third pair of witnesses to support her claim after Beit Din proved the 1st two pairs she brought to be false witnesses. We will study the following Mishna which establishes that if the accused was put to death, there is no Din Hazama at all.

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