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Parshas Re'eh: Rav Gifter's Chiddush of the Unique Halacha of the "MEISIS"
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Transcript
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parashat we have the parsha of the mesus
someone who seduces another to survive
zara and the can discuss
what if the mesis the seducer was a
relative
do not have mercy on him
you should bring about his death your
hand should be first to kill him
presumably this means the one who was
seduced the musas
needs to come and testify in besden but
rabbi kiva asks how can you have a case
of a musas someone who was seduced by a
relative
but the one who is seduced has to
testify and isn't he disqualified to
testify about his relative and even if
there are another two witnesses
he is not the baldin so he
is a third witness and in that case we
should apply the principle nimsa mayhem
apostle if one of the witnesses even if
he's not needed even if you have another
two
is found to be a relative then the whole
testimony is thrown out
surah gifter in the pirkei taro offers
the following possibility he cites the
ramban the ramban says
it's talking to the musas the one who
seduced and it's saying do not have
mercy on the above-mentioned
relation
the lord
allah don't cover over may hud allah
from testifying in bazin
the implication of this ramban is that
even though in kalatarakula a relative
cannot testify
here there is a gezera sarcasov that
since there is a situation of mesis even
by a karaiv
one in this area of torah is allowed to
testify even against a relative although
says of gifter this would be a big
hideous it would answer the question of
rabbi akivaigar unless what ramban means
is that the relative has to come to
bezan
to bazdan and in the course of his
report bazin will try to ascertain if
there were witnesses but it doesn't mean
he actually testifies even though the
language of the ramban is the lord
allah
which simply means that the relative
himself is testifying in dozens so this
would be quite a
that when it comes to the indian of
mesis one would be able to testify
against their own relative this is rev
gifter's approach to answer the question
of rubikiberger wishing everyone a
terrific shout out
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