[Avodah] police misdeeds and trial evidence

[hankman]

CM previously wrote:
> I asked our magid shiur at daf yomi if he new of any source for a sevara
> why nashim can not testify. He directed me to the following Chezkuni in Gen.
> 18:15 quoting a Yalkut Shimoni:
> Vatekachesh Sarah Laimor: Mikan shehanashim pesulos l'aidus, lefi
> shemekachshos mipnai hayiroh.
>
>

RSM wrote:
This can surely be intended as no more than an asmachta. By the same logic
one could quote Gen. 37:32 and say "mikan shehagevarim pesulim le`edut, lefi
shemeviim rayot kozevot".

CM responds:

The Cheskuni doesn't mean this is the source of the halacha that nashim are psulos l'eidus. Mikan, he says, the Torah is only giving us a perspective on the reason for the gezeiras hakasuv that we learn from the pasuk "ve'amdu shnai ha'anashim" as we are told in Shovuos 30a. (Normally the terminology of "asmachta" is used when the gemara brings a pasuk for a halacha that is derabanan, not when the halacha is itself de'oraisa).

So this would explain why Gen 37:32 could not be seen as a source for the notion that as you say -  "mikan shehagevarim pesulim le`edut, lefi shemeviim rayot kozevot" because this would be counter to the halacha yodua that men are kosher for eidus, so there can be no nesinas tam for such a halacha that does not exist.

Kol Tuv

Chaim Manaster
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.aishdas.org/pipermail/avodah-aishdas.org/attachments/20080727/4e941e89/attachment-0002.htm>