Q&A: Presumed to Bring False Witnesses
Presumed to Bring False Witnesses
Question
Hello Rabbi,
The Talmud in Makkot 5b says:
There was a certain woman who brought witnesses, and they were found to be false. She brought witnesses again, and they were found to be false. She then went and brought other witnesses who were not found to be false. Reish Lakish said: This woman has established a presumption about herself. Rabbi Elazar said to him: If she has established such a presumption, have all Israel thereby established one?
And the Jewish law is ruled in accordance with Rabbi Elazar, which is also Rabbi Yohanan's view. My question is: what is the logic of their claim? It is true that not all Israel have been established as liars, but the woman has established herself as someone who finds liars and brings them to testify. Isn't that so?
Answer
Good question. But set against the woman's presumption is the witnesses' presumption of fitness, and we do not remove them from that presumption of fitness without evidence.