MAKOS 6 (28 Sivan) - Dedicated in memory of Hagaon Rav Yisroel Zev (ben Rav Avrohom Tzvi) Gustman, zt"l, Rosh Yeshiva of Yeshivas Netzach Yisrael-Ramailes (Vilna-Brooklyn-Yerushalayim), author of "Kuntresei Shi'urim" and renowned Dayan in pre-war and post-war Vilna, on his 19th Yahrzeit. Dedicated by Harav Avraham Feldman and Michael Starr of Yerushalayim, Dr. Yehoshua Daniel of Efrat, and Rabbis Eliezer and Zalman Stern of New York, who merited to study under the Rosh Yeshiva zt"l in Yerushalayim.

[6a - 22 lines; 6b - 33 lines]

1)[line 1] BA'MEH DEVARIM AMURIM? B'DINEI NEFASHOS- Rebbi Akiva (Daf 5b) teaches that even though the third witness of a group found to be Edim Zomemin in a capital case can claim that the testimony would have been accepted without him, the verse teaches that Beis Din is stringent with him and his claim is not accepted. Similarly, just as if one of the two witnesses is found to be a relative or otherwise unable to testify in court, the testimony is disqualified, so, too, is the case if one of many witnesses is invalid. Rebbi Yosi qualifies Rebbi Akiva's statement, claiming that the ruling only applies to capital cases and not to monetary matters. In a monetary claim, the judgement can be passed based upon the testimony of the remaining valid witnesses.

2)[line 2] TISKAYEM HA'EDUS BI'SHE'AR- the testimony can be upheld with the remainder (i.e. the remaining valid witnesses)

3a)[line 6] V'HU SHE'HE'IDU CHULAM B'SOCH KEDEI DIBUR- and that [implication of the Mishnah that a group of 100 witnesses is no different from a group of two witnesses for various Halachos only applies] if all of them testified within "Toch Kedei Dibur" (see next entry)

b)[line 7] B'SOCH KEDEI DIBUR (KOL TOCH KEDEI DIBUR K'DIBUR DAMI)

(a)"Toch Kedei Dibur" is the length of time that it takes for a student to say a greeting to his teacher (e.g. "Shalom Alecha Rebbi"). "k'Dibur Dami" means that within this small amount of time, we view an act or speech as not yet completed and still continuing.

(b)In the case of the testimony of witnesses, according to the conclusion of our Gemara, if a group of witnesses testified successively, each beginning his words within "Kedei Dibur" of the previous witness's testimony, then we consider all of the witnesses to be one group. If, however, one of the witnesses testified after "Kedei Dibur" of the previous witness, then we consider all previous witnesses to be one group and the current witness to be the first of a second, separate group of witnesses.

4)[line 13] ELA ME'ATAH, HARUG YATZIL- if so (according to Rebbi Yosi that witnesses do not need to have the intention of testifying to be considered witnesses), the victim will save [the murderer from the death penalty, since he is a Karov (relative) with regard to himself, and he disqualifies the other witnesses when he is counted as one of the witnesses to the murder]

5)[line 16] "[... AL PI SHENEI EDIM O AL PI SHELOSHAH EDIM] YAKUM DAVAR."- "[... by the testimony (lit. mouth) of two witnesses, or three witnesses,] shall the matter be established." (Devarim 19:15) - Rava learns from this verse that only the spectators to an event are considered witnesses, and not the people who were directly involved in the event.

6)[line 16] B'MEKAIMEI HA'DAVAR HA'KASUV MEDABER- the verse is referring to the ones who establish the matter

7)[line 19] L'MECHZEI- to [simply] view [the event, without intending to testify]

6b----------------------------------------6b

8)[line 6] HU V'HEN NEHERAGIN- he (the defendant) and they (the witnesses who are found to be Edim Zomemin) are put to death

9)[line 8] "AL PI SHENAYIM EDIM [O SHELOSHAH EDIM YUMAS HA'MES, LO YUMAS AL PI ED ECHAD.]"- "By the testimony (lit. mouth) of two witnesses, [or three witnesses, shall he who deserves death be put to death; but by the testimony (lit. mouth) of one witness he shall not be put to death.]" (Devarim 17:6)

10)[line 10] MESURGEMAN- interpreter

11)[line 11] EDUS MEYUCHEDES- (lit. singular testimony) testimony delivered by witnesses who saw the event independently and did not see each other at the time of the event

12)[line 12] "... LO YUMAS AL PI ED ECHAD."- see above, entry #9

13)[line 14] ELA MAI ECHAD? ECHAD ECHAD.- rather, what is [the meaning of the word] "Echad" [in the verse]? One [by] one, [i.e. Edus Meyuchedes]

14)[line 21] IM HAYU RO'IN ES HA'MASREH, O HA'MASREH RO'EH OSAN, MITZTARFIN- if they (the two independent witnesses who would have been disqualified as Edus Meyuchedes) see the person who warns the sinner, or that person sees them, they combine [to form a valid set of witnesses] (this statement of Rava refers to the Beraisa of Edus Meyuchedes and not to the Mishnah -- TOSFOS DH Amar Rava)

15)[line 23] MI'PI ATZMO- by [being warned by (lit. through the mouth of) the victim] himself

16)[line 23] MI'PI HA'SHED- by [being warned by (lit. through the mouth of)] a demon

17)[line 29] CHAVER - a Talmid Chacham who is meticulous in his observance of Halachah

(a)A person is called a Chaver if he accepts upon himself four things: 1. never to give Terumah and Ma'asros to an Am ha'Aretz; 2. never to prepare Taharos in the vicinity of an Am ha'Aretz; 3. to always eat Chulin b'Taharah; 4. to take Ma'aser from all produce that one eats, sells and buys (Tosefta Demai 2:2-3). The Gemara in Bechoros 30b explains exactly how one goes about accepting this distinguished status.

(b)According to Rebbi Yosi bar Yehudah, Hasra'ah (see Background to Makos 4:14) is only meant to distinguish between intentional and unintentional transgression. A Chaver is such a great Torah scholar that we need not suspect that he is in doubt as to whether the action he is about to perform is prohibited or not.

18)[line 31] LA'OZEI- foreigners

19)[last line] AHADUREI HU D'LO HAVAH YADA- he did not know how to reply [in their language]

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