Series: Daily Shiur

Venue: Jerusalem Jerusalem

Gemara:

Makot 

Halacha:

Beit Din,  Choshen Mishpat 

Collections: Rabbi Berzon: Makkot

Description

We will address the apparent contradiction between Rava and the premise of the Gemara when it asks the question "Harug Yatzil". While Rava assumes that the witnesses are integrated into a single unit (Kat) by virtue of their testimony (Hagada), the Gemara assumes that the agent of integration is Re'iya, i.e. the seeing of the event. We will analyze the framework established by Tos, namely, there is one law that governs integration in the case of Eidim Zomemim, while there is different Din that operates in the case of נמצא אחד מהם קרוב או פסול. Where there is no Rei'ya, the Hagadda serves as the Metzareif to integrate the Eid into the Kat. What does that mean in the case of witnesses who did not see one another at the time of the crime?