Responsa for Makkot 13:11
אמר רב אשי אם תמצא לומר שלם הוה דלמא במקום סייף נקב הוה
Rav Ashi says, If it came out that they said that they saw that the victim was viable [prior to being killed, they would say that] maybe in the place that the sword entered there was a hole.
Teshuvot Maharam
Q. In the presence of witnesses A conveyed movables and immovables to his sons and daughters, as presents, giving one-eighth of such property to each. Subsequently, however, it was discovered that the witnesses were related to one of the recipients. May the recipients who are not related to the witnesses, each collect his share on the strength of the testimony of these witnesses?
A. The judges of Worms also inquired of me regarding this matter. Those who have preceded us debated this problem at length. Rabiah, in an actual case, ruled that the witnesses were completely disqualified. He based his decision on the ruling of R. Yohanan, Yer. Makkot ch. 1, hal. 7.
This Responsum is addressed to "my teacher Rabbi Asher".
SOURCES: Am II, 246. Cf. Asher, Responsa 3, 13.
A. The judges of Worms also inquired of me regarding this matter. Those who have preceded us debated this problem at length. Rabiah, in an actual case, ruled that the witnesses were completely disqualified. He based his decision on the ruling of R. Yohanan, Yer. Makkot ch. 1, hal. 7.
This Responsum is addressed to "my teacher Rabbi Asher".
SOURCES: Am II, 246. Cf. Asher, Responsa 3, 13.
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