More Discussions for this daf
1. Good eyesight and saving the witnesses 2. Ein Onshin Min ha'Din 3. R. Yehuda Ben Tabbai and R. Shimon Ben Shetach
4. Witnesses Plotting 5. Who Do the Eidim Zomemim Pay 6. Makos 005: Hargu Ein Neheragin
7. Tana Beribi 8. Who Do the Eidim Zomemim Pay 9. Ka'asher Zamam by Malkos
10. Who Do the Eidim Zomemim Pay 11. v'Hitzilu ha'Eidah 12. Meshalshin b'Makos
13. After Gmar Din but before He is Put to Death 14. Shem Eidim Zomemim 15. Part of a Group Found To Be Eidim Zomemim
16. Edim Zomemim in Dinei Mamonos 17. Miracles and Halachah 18. Punishing Edim Zomemim
19. The Gemara answers by saying it's a good question 20. Edim Zomemim dividing their punishment 21. Edim Zomemim
22. Rashi and Tosfos 23. Judges 24. משלשין בממון
 DAF DISCUSSIONS - MAKOS 5
1. Joshua Danziger asks:

Hello kollel!

is rabbi akiva saying that if there's a group of 3 witnesses, and two are found to be EZ, the third is also punished by association? Is that the Halacha?

Thank you!

Josh

2. The Kollel replies:

Rashi DH R' Akiva writes that the witnesses do not become Zomemim unless all of them are Moozam. So it is not the case that the 3rd witness is only punished by asociation, since the 3rd was also found to be a liar and thereby also an EZ. Rather, the chidush is that even though the 3rd witness is not necessary; since the victim could have been condemmed on the basis of the testimony of the first 2 witnesses alone; nevertheless the 3rd witness is also punished. In summary, the 3rd witness is a liar, but his testimony is unecessary. Even so he is punished because he is part of the malicious team.

If the 3rd was not proved to be a liar nobody would be punished.

KOL TUV

Dovid Bloom