Relatives can't give testimony in court. If a case of possible Motzi Shem Ra starts with 3 judges and it is found that the husband is right, does it transition to a court of 23 and if so, can the husband be a witness against his wife? Or is he a relative who can't testify about the adultery once it is determined that he is not guilty of motsi shem ra?
Pat, Greenbelt MD USA
Tosfos on Daf 10a DH 'Eitzel Ishto Lo Amrinan' refers to the Mishnah in Zeh Borer, which specifically considers a wife like oneself (Ishto ke'Gufo) in matters concerning testimony. And both they and Rashi restrict the Gemara's She'eilah there (on Daf 10) as to whether the man is believed even with regard to his wife when he claims that Reuven committed adultery with her. Because of a 'Migu' (since he is believed regarding Reuven). Otherwise, he is never believed to testify for or against his wife. In fact, the Gemara concludes that he is not believed with a 'Migu' either.
See also Rashi on Daf 8a DH 'ha'Motzi me'Chavero'. The reason that he is believed regarding her Kesubah is because of the Chazakah that a person would not go to the trouble and the expense of arranging a wedding feast if he intended to divorce his wife the next day', as we learned in the first Perek of Kesuvos.
Be'Virchas Kol Tuv