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Day #328–Rambam DAILY Sefer HaMitzvos

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SoulWords—Rabbi Shais Taub avatar
SoulWords—Rabbi Shais Taub

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B it is day number 328 of our daily study of RA mitz and in the three chapters of day study track of mish we are finishing helus laws of testimony with chapters 20 21 and 22 we mentioned yesterday when we learned the prohibition against bearing false testimony that there are two kinds of false Witnesses in Toyota and I said that we would get into that today so here we are positive commandment 180 is the positive commandment to punish conspiring Witnesses a and the way that they are punished is a very specific punishment it's described in Deuteronomy 19:19 where it says you should do to him to this conspiring witness the way he can conspired or plotted to do to his brother in other words you do to him what he would have had done to the person that he's plotting against which means if he tried to make this other person lose money so he loses that money if he tried to get this person killed so he gets killed if I I'm saying he the truth is it's they because it's a minimum two witnesses if these a z these conspiring Witnesses tried to get somebody to to be lashed and then they get lashed okay now what are these conspiring Witnesses how is an a zim different than an a Shaker okay so how do we establish anything based on uh Witnesses so let's say the first two witnesses come in and they testify that they saw somebody I don't know let's say uh he owes money he we saw him take a Lo from somebody else okay so if another pair of witnesses come in and say well that's not true that can't be true because this person you're saying took aone he was with us he couldn't have been there so you're you're the substance of what you're saying has been proven to be untrue okay or let's say it's a criminal thing they say they saw somebody kill somebody and then two other Witnesses come and say well that's not true because the guy that you're saying is the perpetrator he was with us he he wasn't there that's not possible okay that's called a false witness Adam Z conspiring or plotting scheming witness is totally different that's when the second group of witnesses come in and say listen the thing you're saying that so and so took a loan from so and so or that so and so uh murdered so and so we don't know if that's true or not true it may be true but what we do know is you're not the ones who could possibly know it because IM you were with us follow the difference the second pair of witnesses is not coming to dispute the substance of the original testimony they're just coming to say you're not the one who would know that because we've displaced you from the scene of the crime or the scene of the business transaction or whatever we can testify you were not in that place so what you're saying may have happened may not have happened we have no opinion about that what we know is you're not the ones who saw it okay that's called a conspiring witness and in that very specific situation the punishment is you do to them exactly what they conspired to have done to the person against whom they were testifying that's mitvah and we finished we'll start a new section of tomorrow we'll see you then God willing