Barry Epstein asked:
Rav Nachman says: if witnesses claim in their current testimony that their prior testimony was preceded by a nullification, they are not believed (as this would be recanting)
Mar Bar Rav Ashi says the testimony is believed, because it is additional information.
What is the halachah, and why?
Thanks
Barry Epstein, Dallas, USA
The Kollel replies:
There is an argument between the Shulchan Aruch (C.M. 46:37) and the Shach (ibid.) if we Pasken like Mar Bar Rav Ashi (Shulchan Aruch) or Rav Nachman (Shach). Hence there is a lengthy discussion in the Poskim who we should Pasken like and why (see Ketzos ha'Choshen 46:24).
All the best,
Yaakov Montrose