Wednesday, March 11, 2009

Bava Kamma 73 - False Witness Disqualified Back to the First False Testimony (Torts)

Suppose the fact that one stole an ox was established by the testimony of two witnesses, and the fact that he slaughtered or sold it was established by the testimony of two other witnesses, and both pairs of witnesses were found false. In that case, the first witnesses pay a twofold payment, and the latter witnesses pay a threefold payment.

Suppose one testifies and is subsequently found to be a false witness. In that case, Abaye says that he is disqualified from serving as a witness retroactively from the moment he testified, and all his testimonies given in the interim are invalid.

This is one of the six cases abbreviated Y A L K G M where the law follows Abaye against Rava.

Art: Evening Landscape With Two Men by Caspar David Friedrich

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