*1.1-Makkos Daf 02 A (Preface)*

▪Eidim Zoimemim - who have bad intentions, and give false testimony - are held responsible for their bad intentions.▪This is *not* an ordinary case of false testimony which is called Hakchasha. Hakchasha is when two sets of eidim (witnesses) contradict each other, so we don't believe either set.▪Hazamah is a gezeiras hakasuv (Torah Law) that when the eidim are contradicted in a specific way, when the second set of witnesses say that at the time they supposedly witnessed the crime they were someplace else - so then there is a din hazamah and these eidim are considered zoimemim.▪The first set of witnesses are called zoimemim, and the second set are the mazimim. The zoimemim are found guilty and are punished with the punishment they intended to bring upon the party they accused in beis din.▪Eidim zoimemim are only considered zoimemim if beis din accepted their words and issued a verdict based on their words, otherwise, there is no din hazamah.▪However, if Beis Din carried out the verdict and actually killed the accused;there's no din hazamah! Hazamah is only for a bad intention, however if their intention was already carried out, there is no hazamah.▪In money matters there is hazamah even when the verdict was already carried out. One svarah is because money is always reversible▪No testimony is accepted unless it is "eidus she'atah yachol l'hazimum". Only if it is possible to make witnesses zoimemim, can their testimony be accepted in the first place. Hazamah has to be able to apply to every testimony. A svarah is that it's a deterrent, if one knows that he can be severely punished for giving false testimony, he will refrain from doing so. See acast.com/privacy for privacy and opt-out information. This podcast has been graciously sponsored by JewishPodcasts.fm. There is much overhead to maintain this service so please help us continue our goal of helping Jewish lecturers become podcasters and support us with a donation: https://thechesedfund.com/jewishpodcasts/donate