Question in the Gemara
In Sanhedrin, chapter six, page 44, page 2, 12 lines from the bottom, *A deed in which one man went out to be killed, etc.
His trial is over. And the witnesses said that we are liars. And it was proven that they are liars. He remains guilty. Unless other witnesses come from outside who exonerate him.
Why isn't the law nullified in the first place? And why isn't it justified?
לגלות עוד מהאתר הרב מיכאל אברהם
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0 Answers
The halakhic rule is that one cannot recant. Until the witness testifies, he cannot retract his testimony. And certainly here he is making himself look wicked. But that is only the halakhic rule. If the judge is nevertheless convinced that they are telling the truth at the moment, or even if he has reasonable suspicion, he can retract the ruling by virtue of the law of deception. The determination in the Gemara is only what the halakhic law requires to be done and what not to do. It does not require you, the judge, to change the ruling. But after the halakhic determination, there is always the law of deception.
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