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When witnesses testify against someone who is already nigmar dino, why aren't they killed as eid zomem? The shiur argues this sugya concerns kashya zomam principles, not gavra katila status. When witnesses plot to impose the exact same punishment Beis Din would impose anyway, it's not considered perverting justice.
This shiur analyzes a complex sugya in Makkos 5a dealing with the laws of eid zomem (plotting witnesses) and the status of someone who is nigmar dino (judgment finalized). The Gemara (גמרא) presents a case where two witnesses testify that Reuven killed Shimon, and then a second pair testifies about the same crime but disputes the timing. When the second witnesses are revealed as zomemim after the defendant was already nigmar dino, they are not executed. Rabbi Zweig begins by examining the approaches of Rashi (רש"י) and Tosafos (תוספות) regarding why someone is not considered a bar chiyuva (liable for punishment) before nigmar din. Rashi explains it's because the witnesses might do teshuvah and retract, while Tosafos says it's because we don't know if witnesses will actually come to testify (mi eimar de asu le'hasid). However, both approaches face a fundamental challenge from the Mishna's case of rova (overlapping testimony), where witnesses have already testified but can still be subject to hazamah.
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Makkos 5a
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