Hello kollel, and Chag sameach!
The second tosafos on makkot 2a, dh meidin, asks why in the scenario of going to galus the defendant can't claim he was killing intentionally and not warned, vs it being accidental. Tosafos demonstrates the mishna must be discussing a situation where it's clear it's accidental.
But isn't self incriminating testimony not allowed? So how can the person ever testify he killed intentionally?
Thank you!
Josh
Beis Din may not be punish someone as a result of his testimony, however testimony of wrongdoing is valid if there are no negative consequences for him. His confession that he committed murder would enable him to avoid Galus, yet he would not suffer the consequences of his confession because the Halachah is that he may not be punished unless two Eidim testify that he committed murder.
Avraham Phillips