Welcome to our Webyeshiva Matmidim Shiur

This blog is your address for updates on this zman's nightly shiur in Gemara Makkot, פרק א

I will be posting daily updates, including sources and questions, to enhance our nightly learning.  Feel free to comment - I will make every effort to read and respond to your comments in a timely manner.

A precondition of understanding this first mishna is a brief summary of the mechanics of the halacha of עדים זוממין; here is a summary courtesy of dafyomi.co.il

(a) If two witnesses testify to a crime or an event and a later set of witnesses contradict their testimony by saying that the crime or event did not take place exactly as the first set of witnesses testified, all of the witnesses are termed Edim Mukchashin (contradictory witnesses), and Beis Din cannot use either testimony.

(b) If, however, two witnesses testify to a crime or an event and a later set of witnesses disqualify that testimony by saying that the first set of witnesses were with them in a different place at the time that the first set of witnesses claim that the act took place, the first witnesses are termed Edim Zomimin (conspiring witnesses). The Torah commands that the second set of witnesses are believed, rather than the first. In general, Edim Zomemin are punished with the punishment they tried to cause. (Devarim 19:16-21. See Mishnah Makos 5a.)

(c) The punishment of Edim Zomemin is only carried out on the Edim if they succeeded in convicting the defendant of the alleged crime ("Achar Gemar Din") but before the sentence is carried out. The Gemara (Daf 5b) learns this Halachah from the words of the verse, "Ka'asher Zamam La'asos, v'Lo Ka'asher Asa" - "as he conspired to do, but not as he conspired and did" (Devarim 19:19).

Mishna 1

 /מתני'/. כיצד העדים נעשים זוממין? מעידין אנו באיש פלוני שהוא בן גרושה או בן חלוצה, אין אומרים: יעשה זה בן גרושה או בן חלוצה תחתיו, אלא לוקה ארבעים; מעידין אנו באיש פלוני שהוא חייב לגלות, אין אומרים: יגלה זה תחתיו, אלא לוקה ארבעים

• What is the question of our mishna?
• What is the mishna's answer to this question?
• What cases does it cite?
• - to understand this, we have to understand what the status of the son of a Gerusha is and what "galut" is the mishna referring to?
• What is the din in each of these cases?
• What overall questions or difficulties do you have after learning this mishna?