[Again,] as in the case of two witnesses, if one of them was found to be a near kinsman or [otherwise] disqualified, the whole evidence is rendered void, so is it with three: if one of them was found to be a near kinsman or [otherwise] disqualified, the whole evidence is void.how do we know that this is the case even with a hundred? From the instructive context which has [thrice] `witnesses`. Said R. Jose: these aforementioned limitations apply only to witnesses in capital charges; but in monetary suits, the evidence may be established by the rest. Rabbi says: it is one and the same rule, be it in monetary suits or capital charges; that is, provided the disqualified witnesses took part in the pre-admonition. But where they were not of those who gave the pre-admonition [to the offenders], what could two brothers do that saw someone slaying a person |
מכות 1.8 |
If two persons see the malefactor from one window and two other persons see him from another window and one standing midway utters the pre-admonition to him, then, if some on one side and some on the other side can see one another, they constitute together one body of evidence, but if they cannot [partly see one another], they are two bodies of evidence. Consequently, if one of these [bodies] is found Zomemim, both he and they are put to death, while the party that came second is discharged. R. Jose observes that a malefactor is never put to death unless two witnesses had duly pre-admonished him, as Holy Writ prescribes, at the mouth of two witnesses or three witnesses shall he that is worthy of death be put to death; but at the mouth of one witness he shall not be put to death. Another interpretation of the words, at the mouth of two witnesses . . . Is that the Sanhedrin shall not hear the evidence from the mouth of an interpreter |
מכות 1.9 |
To subscribe
click here
To unsubscribe,
click here
To view our archived/previous mesechtos
click here
To learn about our program for Kitzur Shulchan Aruch Yomi
click here