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5 Minute Kevius with Rabbi Avigdor Milller

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Welcome to the Five Minute Kevius ProgramFollow our podcast that consists of a five minute audio clip of Mesechos Makkos from Rabbi Miller every day!Rabbi Miller placed a strong emphasis on reciting the words of the gema... More
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2020-1-20

*7.2 Makkos Daf 05 B (15 Lines Dn)*

*7.2 Makkos Daf 05 B (15 Lines Dn)*


*Summary* 


*Reish Lakish* : It is already *established that this woman brings false witnesses* and we cannot accept the third testimony.


*Rabbi Yochanan (and Rabbi Elazar):* The fact that she is a faker *doesn’t prove that all Jews are fakers* and we must accept the testimony of two kosher Jews.


*Suggestion:* It would seem that *Reish Lakish* is following *the opinion of Rabbi Yehuda* (6.2 “A crooked pair cannot be relied upon”), and *Rabbi Yochanan* is following *the Chachomim* (ibid. “They can even be _mazim_ one hundred pairs”).


*Response:* 


*Reish Lakish* does not necessarily argue with the Chachomim, because *no one brought these _mazimim_ into _beis din_* - unlike the case of the woman who was the one bringing different sets of false witnesses.


*Rabbi Yochanan* does not necessarily argue with Rabbi Yehuda. It is difficult to accept the Chachomim’s view because: Were *all two hundred people* really *with this one set of _mazimim?_* However in our case, there is nothing in the third testimony indicating that it’s false.


*Mishna:* _Zoimemim_ are not *put to death* for testifying against somebody unless he was *already sentenced.* (They’re also not punished if the sentence was carried out already).


The _Tzedukim_ refused to punish _zoimemim_ until they had actually caused the *death* of their victim, based on the _passuk nefesh b’nefesh_ - “a life for a life”.


*The chachamim argued* from the _passuk “Ka’asher zamam laasos l’achiv_ - As he intended to do to *his brother”* - so it seems that the brother is still around. The verse _nefesh b’nefesh_ teaches that they are not punished until their victim’s “life” was in peril because he was sentenced.

2020-1-20

*7.2 Makkos Daf 05 B (15 Lines Dn)*

*7.2 Makkos Daf 05 B (15 Lines Dn)*


*Summary* 


*Reish Lakish* : It is already *established that this woman brings false witnesses* and we cannot accept the third testimony.


*Rabbi Yochanan (and Rabbi Elazar):* The fact that she is a faker *doesn’t prove that all Jews are fakers* and we must accept the testimony of two kosher Jews.


*Suggestion:* It would seem that *Reish Lakish* is following *the opinion of Rabbi Yehuda* (6.2 “A crooked pair cannot be relied upon”), and *Rabbi Yochanan* is following *the Chachomim* (ibid. “They can even be _mazim_ one hundred pairs”).


*Response:* 


*Reish Lakish* does not necessarily argue with the Chachomim, because *no one brought these _mazimim_ into _beis din_* - unlike the case of the woman who was the one bringing different sets of false witnesses.


*Rabbi Yochanan* does not necessarily argue with Rabbi Yehuda. It is difficult to accept the Chachomim’s view because: Were *all two hundred people* really *with this one set of _mazimim?_* However in our case, there is nothing in the third testimony indicating that it’s false.


*Mishna:* _Zoimemim_ are not *put to death* for testifying against somebody unless he was *already sentenced.* (They’re also not punished if the sentence was carried out already).


The _Tzedukim_ refused to punish _zoimemim_ until they had actually caused the *death* of their victim, based on the _passuk nefesh b’nefesh_ - “a life for a life”.


*The chachamim argued* from the _passuk “Ka’asher zamam laasos l’achiv_ - As he intended to do to *his brother”* - so it seems that the brother is still around. The verse _nefesh b’nefesh_ teaches that they are not punished until their victim’s “life” was in peril because he was sentenced.

2020-1-19

*7.1 Makkos Daf 05 A (Bottom Line)*

*7.1 Makkos Daf 05 A (Bottom Line)*


*Summary* 


 *Mishna* (6.2): The same two eidim can be mazim even a hundred pairs of witnesses. Rabbi Yehuda says this is a crooked pair. Eidim are only believed against the first set of witnesses.


*Gemara:* If the witnesses are considered crooked, their words *shouldn’t be accepted against the first set* either!?


 *Rabbi Avahu:* The _mishna_ refers to a case in which the *first set* was *already put to death.* 


 *Challenge:* The mishna is here to teach us _halachos,_ *not to tell us stories* that happened.


 *Rava:* The _mishna’s_ intention is: If there is *only one set* that is _huzam_ , that’s when the _mazimim_ are believed.


 *Question:* The _mishna_ speaks of the *first set,* not of *one set* ?


 *Answer: That’s a good question!* (Something is wrong with the wording of the *mishna* and it needs to be amended).


 *Story:* A woman brought witnesses who were found to be false. She brought other witnesses who were again found to be false. Finally she brought witnesses who were not found false.


*Reish Lakish:* It is already *established that this woman brings false witnesses* and we cannot accept the third testimony.


*Rabbi Elazar:* The fact that she is a faker *doesn’t prove that all Jews are fakers* and we must accept the testimony of two kosher Jews.


 *Another time:* Such a case came before Rabbi Yochanan: *Reish Lakish* repeated his opinion, but *Rabbi Yochanan* countered with Rabbi Elazar’s prior argument. Reish Lakish was upset with Rabbi Elazar for not sharing previously that his source was in fact Rabbi Yochanan.