12TH CYCLE DEDICATION
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]במה דברים אמורים? בדיני נפשותBA'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 could 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 this ruling only applies to capital cases and not to monetary matters. In a monetary claim, the judgment can be passed based upon the testimony of the remaining valid witnesses.

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

3a)[line 6]והוא שהעידו כולם בתוך כדי דיבורV'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]בתוך כדי דיבורTOCH 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]אלא מעתה, הרוג יצילELA 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 as an interested party, when he is counted as one of the witnesses to the murder, he disqualifies the other witnesses]

5)[line 16]"[... עַל פִּי שְׁנֵי עֵדִים אוֹ עַל פִּי שְׁלֹשָׁה עֵדִים] יָקוּם דָּבָר""[... 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]במקיימי דבר הכתוב מדברB'MEKAIMEI HA'DAVAR HA'KASUV MEDABER- the verse is referring to the ones who establish the matter [i.e., the witnesses]

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

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

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

9)[line 8]"עַל פִּי שְׁנַיִם עֵדִים [אוֹ שְׁלֹשָׁה עֵדִים יוּמַת הַמֵּת; לֹא יוּמַת עַל פִּי עֵד אֶחָד]""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]התורגמןTURGEMAN- interpreter

11)[line 11]לעדות מיוחדתEDUS 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]"... לֹא יוּמַת עַל פִּי עֵד אֶחָד""... LO YUMAS AL PI ED ECHAD"- see above, entry #9

13)[line 14]אלא מאי "אחד"? אחד אחדELA 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]אם היו רואין את המתרה, או המתרה רואה אותן, מצטרפיןIM 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]מפי עצמוMI'PI ATZMO- by [being warned by (lit. through the mouth of) the victim] himself

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

17)[line 29]חברCHAVER - 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]לעוזיLA'OZEI- foreigners

19)[last line]ואהדורי הוא דלא הוה ידעAHADUREI HU D'LO HAVAH YADA- he did not know how to reply [in their language]

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