Shalom rabbi
Hope you're well.
The Gemara says that according to Ribbi Hiyah when the opposing 1 witness comes "Bevas Achas" to the 1 witness that says "Nitmes" then the Nitmes witness is canceled even though the Torah considers him like 2(Ulah). How then do you explain the last case in the Mishnah that 2 say Nitmes and 1 says Lo Nitmes, the 2 are believed and she doesn't drink? If it's Bevas Achas then the 1 should cancel the actual 2 just like 1 cancels the 1 that the Torah considers to be like 2?
Aaron Shemtob
Hi Aaron,
Let me try to write the basic principles of the Neemanus of Eidim.
a. Usually, we need two witnesses to testify on a Davar she'Beerva, or Mamon. One witness in Mamon can be Mechayev the opisite Baal Din to swear.
b. There are cases that one witness is enough, since Rabanan were Maikel, as in a woman whose husband disappeared abroad.
c. In these cases, Rabanan also said that a Pasul witness like a slave is also Neeman.
d. By Sota, the Torah believes one witness, in a case that he is Metamey the woman. He is considered like two, but only to Metame, not to be Metaher her.
e. In case A, if we have two witnesses contradicting another two, no matter how many more witnesses come, this is a Safek, and we say 2 are like 100.
f. In case C, if we have witnesses who contradict each other, we go after Rov De'os, and the side that has more witnesses, is the one we go for.
So, in the last case in the Mishna, we have one witness who is Matir the woman. He is not like two, since the special neemanus of one witness in Sotah, is only to be Metame. This case he is believed since Rabanan believed a slave but in a case like this, we go after Rov De'os.
Best regards,
Aharon Steiner