[Avodah] two witnesses

[Eli Turkel]

<< I don't think the power of two eidim lies in trustworthiness.

I would put the ne'emanus of eidim in my pet theory about halakhah being
about reality-as-observed. Evidence isn't observation. Eidus is. Add
the ability to compare stories, and we have established something on
the level of metzi'us. (Which, I remind you, is phrased to be about that
which can be "found", not that which exists in principle.)

And metzi'us doesn't deal in more or less likely. Qol kavu'ah applies
to doubts that open in in once-observed realities.  >>

First anything I brought from the Kavanaugh case was simply it was that
stoty that made me think of the issue. The details of that story are
immaterial.
The basic question was that recent studies demonstrate false memories and
especially from years ago and when the wirnesses may have been teenagers
when they are not yer completely developed.

On Micha's remarks it implies that the court can sentence someone to death
even though the facts might not be true.
More important it raises the whole question of DNA samples and all of
modern techniques versus two witnesses

I am now learning with R. Rappaport about contradictions in halacha.  In
particular about a group of animals that were schected and later a problem
was found in a piece of meat and one doesnt know from which cow/sheep it
can from.  Without going into all the details ic could happen that parts of
the cow are considered kosker while parts of the same cow are considered
neveilah. The Taz doesn't like such a scenarion but many others disagree
with him. They hold (like Micha) that the psak determines kosher and treif
and not the metzius.  Timtum halev occurs when one one eats something
prohibited. Eating  pork that is mutar (eg it is less than 1/60) does not
cause timtum halev  I am not sure everyone agrees with R. Rappaport)

-- 
Eli Turkel
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