What would be the din if eidim zomemim say that Reuven and Shimon could not have witnessed an event in Israel at 2 pm because they were in NY at 1:30 pm and Reuven and Shimon respond that they transported al pi neis to Israel? Would Reuven and Shimon be huzmu or not?
What if Reuven killed Shimon with eidim and hasra'ah and, during the trial, Shimon walks into court and confirms that Reuven killed him and he was just resurrected? Would Reuven be put to death or not?
I know these seem like silly cases, but a beis din has to look into every possibility before executing someone. Are batei din allowed to take miracles into account and, if not, why not?
Thank you for your time.
Yair Horowitz, New York, NY - USA
The Gemara in Makos 5a discusses such a case regarding Edim Zomemim and asks whether we take into account a "Gamla Parcha" (lit. a flying camel, which is much faster than the general mode of transportation). The Rishonim compare this case to a case in Yevamos which gives another possibility -- one used Kefitzas ha'Derech. The Gemara's conclusion is that the testimony of the Mazimim stands. There is a Machlokes Rishonim whether the Edus stands completely, and we kill the Edim Zomemim (Ritva), or whether the Edus is upheld only to save the defendant, but the Edim are not put to death (Tosfos Shantz).
The Ritva writes that we follow the principle of Rov even l'Chumrah, and therefore we can put the Edim to death. Tosfos in Yevamos (116a) writes that had there been a flying camel, the Eidim should have said so. Seemingly, according to Tosfos, if the Edim say so then they will be believed.
D. Zupnik