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Makkos 6a

מכות ו׳ ע״א

Makkot 6a

Learn Makkos 6a step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Makkos 6a in Gemara Clarity

Topic

When one unfit witness ruins a whole group's testimony, and who counts as a witness at all

Overview

This amud finishes the משנה about a group of witnesses where one turns out to be a relative or otherwise unfit. רבי יוסי says the whole group falls only in דיני נפשות. רבי says it falls in דיני ממונות too. The משנה adds that the group is ruined only by people who came as witnesses and gave התראה, not by bystanders like two brothers in a crowd. In the גמרא, רבא says many witnesses join into one testimony only within תוך כדי דיבור, and רבינא explains that each witness must begin right after the one before him. רב פפא then challenges רבי עקיבא's rule: the victim, and even the killer himself, saw the act, so shouldn't they ruin the testimony? רבא answers from the פסוק 'יקום דבר' that only people who come to establish the matter in court count as witnesses. רבא then explains that the court asks people whether they came to watch or to testify. The amud ends with an argument about the final הלכה: שמואל rules like רבי יוסי, and רב נחמן rules like רבי.

Opening lines

אָמַר רַבִּי יוֹסֵי:

Rabbi Yosei says:

בַּמֶּה דְּבָרִים אֲמוּרִים –

In what case are these words said?

בְּדִינֵי נְפָשׁוֹת,

In capital cases.

אֲבָל בְּדִינֵי מָמוֹנוֹת –

But in monetary cases,

The steps (17)

  1. Statementרבי יוסי limits the rule to capital cases
  2. Statementרבי says the rule applies to money cases too
  3. StatementThe rule applies only when they came as witnesses and warned him
  4. Statementרבא: all witnesses must testify within a short time
  5. ChallengeA hundred witnesses can't fit in such a short time
  6. ResolutionEach witness only needs to follow right after the one before
  7. StatementQuoting רבי עקיבא's rule about the third witness
  8. ChallengeShould the murdered victim ruin the testimony?
  9. ResolutionThe killer is punished when he struck from behind
  10. ChallengeShould the victim of רביעה ruin the testimony?
  11. ResolutionThis sinner too is punished when it was from behind
  12. ChallengeShould the sinner himself ruin the testimony?
  13. Resolutionרבא: only those who establish the matter count
  14. StatementQuoting רבי יוסי and the two brothers
  15. QuestionHow does the court question the witnesses?
  16. ResponseThe court asks: did you come to watch or to testify?
  17. ConclusionWhose opinion is the final הלכה