The gemorah says we can't understand Rav Yehuda in the name of Ravs statement that if Reuven is found to be huzam that he pays even though Shimon wasnt proven to be huzam bec we learn from a braissa in chagiga that an eid zomeim doesnt pay unless both are found to be huzam - now based on this can reuven ever testify again knowing he was clearly once huzam?
Ethan Baraff, Long Island, NY, USA
The wording of the RAMBAM (Hilchos Eidus 20:1) indicates that such a witness is Pasul l'Eidus for a different trial. This definitely makes sense based on the logic advanced by the commentaries regarding why Zomimim are Pasul l'Eidus. The commentaries explain that once the Torah told us that witnesses who are made into Zomimim are considered false witnesses, they lose their credibility. The fact that they are not punished unless everyone in their group of witnesses is made into a Zomeim is a Gezeiras ha'Kasuv (see Chagigah 16b) which does not change the Torah's message that any witness turned into a Zomeim is Halchically a liar. Therefore this Eid Zomeim becomes Pasul l'Eidus.
Kol Tuv,
Yaakov Montrose