Reply To: Edim Zomemin

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#2043708
Reb Eliezer
Participant

First, what is the difference between eidei hakchasha, contradictory witnesses where they can testify separately and eidim zomemin where they get killed? By eidei hackhasha their taina, the agreement of their argument is being questioned whereas by eidim zomimin, indicating that they were together somewhere else at the time, the credibility of the witnesses is eliminated. The chidush is that we trust the second witnesses and not the first. When the individual was killed, the Ramban explains that Hashem would not have led to kill him and trust the first witnesses by the Beis Din when they were not honest and credible, so kaasher zomam does not apply. The Dubner Magid gives a mashel. Someone slapped someone, so the Beis Din rules to slap him back. He says it is not fair, I was slapped innocently and he is slapped when guilty. So once killed is not kaasher zomam, is not tit for tat. By a gamal poreach, a fast flying camel, an airplane where the trip can be made the same day, they should not become eidim zomemin.