September 16, 2011 6:52 pm at 6:52 pm #599415shlishiMember
If the new set of witnesses testify that the first set of witnesses were elsewhere at the time of the alleged crime and could not possibly have witnessed it (in a capital case), does it matter whether the new witnesses testified against the first witnesses before or after the originally accused party was convicted based on the false testimony? If so, what are the differences?
And if the person was already executed, can the Beis Din still accept testimony that the witnesses were elsewhere at the time of the alleged crime?September 16, 2011 7:15 pm at 7:15 pm #810463Sam2Participant
For the special Din of Eidim Zomemim that you give the intended penalty to the witnesses, they must be made Zomemim after the case has been decided but before the punishment is meted out. If the new witnesses come before the trial is finished based on the original testimony or after the defendant has been punished (execution, money, anything) then the witnesses just have the status of Eidei Sheker, not Eidim Zomemim.September 16, 2011 7:20 pm at 7:20 pm #810464sam4321Participant
I think the gemara you are referring to is daf 5b? The gemara says there is no din of hazamah(killing them) until there is a gemar din on the accused.Once the accused is dead,there is no din of hazama(not like the tzudukim).I am not really clear what you are asking.September 18, 2011 8:55 am at 8:55 am #810465RegeshMember
The words of the Gemoroh are
‘Kasher zomom velo kasher osso’
once the eidus of the witnesses is carried out,
the din of eidim zomemim doesnt apply any more.September 18, 2011 1:20 pm at 1:20 pm #810466nishtdayngesheftParticipant
What does “once the eidus of the witnesses is carried out” mean?
That the din based on the eidus was carried out, or just if eidus was said in Beis Din?September 18, 2011 3:46 pm at 3:46 pm #810467Sam2Participant
That the Din based on the Eidus was carried out.
- You must be logged in to reply to this topic.