Masechet Makkot 5b-6a: What do We derive from the equation Between two & three Eidm? The concept of the Kat of eidim

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Date:
January 08 2014
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1h 5min 23s
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Series: Daily Shiur

Venue: Jerusalem Jerusalem

Gemara:
Makot 
Halacha:
Parsha:

Collections: Rabbi Berzon: Makkot

Description

"United, we stand, divided we fall" is the rule which underlies the process of Eidus. Our mishna formulates the concept of the Kat (unit) of Eidim. This principle which defines the mechanics of testimony is derived from the equation between two & three Eidim. This establishes the power of the Kat to attack discredit greater #'s of eidim; every member of the kat must be subjected to HaZama; each member of the kat shares the guilt of HaZama despite his superfluous role; and finally "one rotten apple spoils the bunch", and if a single witness is disqualified we must throw out the entire kat. Does this last principle apply even in a monetary case? This becomes the subject of a major controversy bet Rebby & Rebby Yossi.

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    Learning on the Marcos and Adina Katz YUTorah site is sponsored today by Leon & Rhea Landau in memory of Emanuel & Leah Landau and Jacob & Selma Frost and in memory of Hindu & Pinchas Chaimovitz, Batya Gitel bat Moshe Aaron, Yosef Malachi Geudalia HY"D, Ben Zussman HY"D, and Oma Els z"l and by the Spira family l'ilui nishmat Chanoch ben Moshe Chaim, Dr. Thomas Spira and in loving memory of Dr. Felix Glaubach, אפרים פישל בן ברוך, to mark his first yahrtzeit, by Miriam, his children, grandchildren & great grandchildren