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|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.
1. Rebbi Yosi maintains that in capital cases, if one witness is invalid, the testimony of the remaining witnesses is disqualified.
2. Rebbi maintains that in both capital and monetary cases, even if a witness is invalid, if he did not give Hasra'ah the testimony of the remaining witnesses is valid.
3. If witnesses do not testify within Kedei Dibur of each other, their testimony is not combined and they are considered separate sets of witnesses.
4. If two sets of witnesses see an incident from two different windows and one of them can see one of the witnesses from the other set, they are considered to be a single set of witnesses.
5. If one witness sees an incident from one window and another witness sees it from a different window, they can combine for monetary cases but not for capital cases.
6. Rebbi Yosi maintains that a person is not punished by Beis Din unless the witnesses themselves gave him Hasra'ah.
7. Sanhedrim may not hear testimony through a translator.
A BIT MORE
1. However, in cases of Dinei Mamonos, if one of the witnesses is Pasul but there are two other valid witnesses, the Beis Din accepts the testimony of the other witnesses.
2. We ask the witnesses whether they came to witness the incident in order to observe it or in order to testify. If they came only to observe it, the Beis Din accepts the testimony of the remaining witnesses even if one of them is a relative.
3. Consequently, if one of them turns out to be Pasul, the Beis Din accepts the testimony of the remaining witnesses who did not testify within Kedei Dibur.
4. If someone between them gave Hasra'ah and the witnesses saw him, or he saw the witnesses, they are considered one set of witnesses even though the witnesses did not see each other.
5. If one witness sees the first half of an act of prohibited relations and another witness sees the second half, they do not combine and their testimony is not accepted.
6. Rebbi Yosi bar Yehudah maintains that the only purpose of Hasra'ah is to ascertain that the transgressor is aware that the Torah prohibits his action. Therefore, a Talmid Chacham is punished even without Hasra'ah. In addition, a Sonei (one who is known to hate the victim) is also punished without Hasra'ah.
7. However, if the Sanhedrin understands the language of the testimony but is incapable of responding in that language, the services of a translator may be employed.
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