*8.4 Makkos Daf 06 B (10 lines Dn)*

*8.4 Makkos Daf 06 B (10 lines Dn)*_To download this shiur with Tosfos, click here:_ http://chilp.it/cad6764*Summary**Gemara:**Rav Zutra bar Tuvia* quoting *Rav: ‘Individual eidus’ is invalid* as the _passuk_ states: “He shall not be killed by the word of one witness”. This cannot refer to testimony given by one witness, as the _passuk_ already states: “He shall be killed by the mouth of _two witnesses_ ”, it means that even if there _are_ two witnesses but they did not witness it together (each one saw the crime from a different window), their *eidus* is not accepted.A *beraisa* also teaches thus: “He shall not be killed by the word of one witness”. He cannot be killed by the word of *two witnesses* who saw the crime from two *different windows* but did not see each other. Their testimony cannot be combined *even if they saw* the crime *from the same window,* but not at the same moment.*Rav Papa* commented to *Abayye:* Why would we think that their testimony could be combined when the crime is witnessed from one window? They’re each *only witnessing part of the crime!**Abayye:* (You’re right if they witnessed a murder. But) here we’re discussing a case of a man who came upon *an _eishes ish,_* where each one witnessed a full crime.*Rava:* If the individual _eidus_ *saw the masreh* (individual giving the warning, 8.3), *or he saw them*°, their *testimony is accepted.**Rava:* Even the murderer *himself can be* considered the *_masreh_* (if he says I know what I’m doing). *Even a sheid* can be the _masreh_ (it doesn’t have to be a human. We don’t follow the ruling of Rabbi Yosi that the witnesses must give the warning).______________*°Tosfos:* And there are witnesses who testify to that effect. See acast.com/privacy for privacy and opt-out information.