meta: {"file": "/data/tomer/Sefaria-Export/txt_done/Mishnah/Seder Nezikin/Mishnah Makkot/English/merged.txt"}
text: Mishnah Makkot
  משנה מכות
  merged
  
  This file contains merged sections from the following text versions:
  -Mishnah Yomit by Dr. Joshua Kulp
  -
  
  Mishnah Makkot
  
  
  
  
  
  How do witnesses become liable [to punishment] as perjurers?[If they say:]  “We testify that so and so [a priest] is a son of a woman who had [formerly] been divorced or a haluzah,”  it is not said that each witness should himself be as if he was born of a divorcee or a haluzah; rather he receives forty  [lashes]. [If they say]: “We testify that so and so is guilty of [a crime entailing] exile”,  it is not said that each witness should himself be exiled; rather he receives forty [lashes]. [If they say:] “We testify that so and so divorced his wife and has not paid her kethubah”  seeing that either today or tomorrow he [the husband] will pay her kethubah, the assessment should be made how much a man will be willing to pay [now] for the ownership of her kethubah, on the condition that if she should be widowed or divorced [he will take it over] but if she should die, her husband will inherit her [estate including the kethubah]. [If they say]:  “We testify that so and so owes his friend one thousand zuz on the condition that he will pay him within thirty days”, while the debtor says “ten years”, the assessment should be made how much a man is willing to pay for the use of a thousand zuz, whether he pays them in thirty days or ten years.
  [If they say]:  “We testify that so and so owes his friend two hundred zuz”, and they are found to be perjurers, they are flogged and ordered to make restitution, because the count which brings upon them the flogging is not the count that brings upon them the necessity to make restitution, these are the words of Rabbi Meir. But the Sages say:  “Anyone who makes restitution is not flogged.”
  [If they say:]  “We testify that so and so is liable to a flogging of forty lashes, and they are found to be perjurers, they receive eighty lashes, because of, “You shall not bear false witness against your neighbor” (Exodus 20:13) and “You shall do to him as he schemed to do to his fellow” (Deuternomy 19:19), these are the words of Rabbi Meir. But the sages say, “They receive only forty lashes.” Monetary impositions are shared among the offenders, but the lashes are not shared among the offenders. How so? If they testified that he owed his friend two hundred zuz, and they were found to be perjurers, they divide the corresponding damages proportionately between them. But if they testified that he was liable to a flogging of forty lashes and were found to be perjurers, each one receives forty lashes.
  Witnesses are not condemned as perjurers until they themselves are incriminated; How so? If they said: “We testify that so and so killed a person” and others said to them: “How could you testify to that, as that murdered person or that [alleged] murderer was with us on that very day, at such and such a place?” [then] the witnesses are not condemned as perjurers. But, if these [other] witnesses said:  “How could you testify to that, as on that very day, you were with us at such and such a place?’ [then] the former are condemned as perjurers, and are executed by their [the other witnesses] word.
  If other witnesses came, and they charged them [with perjury]: then [again] others came, and they [again] charged them [with perjury], even a hundred, they are all to be executed. Rabbi Judah says:  “This is a conspiracy and the first set alone is [to be] executed.”
  Perjuring witnesses are not to be put to death until [after] the end of the trial. Because the Sadducees say:  “[Perjurers were put to death] only after the accused had [actually] been executed, as it says, “ A life for a life” (Deuteronomy 19:21). The [Pharisaic] Sages said to them: “But has not it already been said “You shall do to him as he schemed to do to his fellow” (Deuteronomy 19:19)  which implies when his brother is still alive? If so, why does it say “A life for life”? For it might have been that perjurers are liable to be put to death from the moment their testimony had been taken, therefore the Torah states “A life for a life” that is to say that they are not executed until [after] the termination of the trial.
  “A person shall be put to death only on the testimony of two witnesses or three witnesses” (Deuteronomy 17:6).If the testimony is sufficiently established by two witnesses, why does Scripture [further] specify three? This is to compare two to three: just as three are competent to incriminate two as perjurers, so are two competent to incriminate three as perjurers. How do we know [that two or three can even incriminate] a hundred?  The Torah states “witnesses”. Rabbi Shimon says: “Just as two witnesses are not put to death until both have been incriminated as perjurers, so three are not put to death until all three have been incriminated as perjurers. How do we know [that two or three can even incriminate] a hundred?  The Torah states “witnesses”. Rabbi Akiba says:  “The third witness was only mentioned in order to be stringent upon him and make his judgement the same as the other two. And if Scripture thus penalizes one who consorts with those who commit a transgression, as [if he is actually] one of those who commits the transgression, how much more so shall he who consorts with those who perform commandments receive a reward as [if he is actually] one of those who performs the commandments!”
  Just as in the case of two witnesses, if one of them was found to be a relative or [otherwise] disqualified, their whole evidence is rendered void, so it is with three, if one of them was found to be a relative or [otherwise] disqualified, the whole evidence is void. How do we know that this is the case even with a hundred?  The Torah states “witnesses”. Rabbi Yose said:  “When is this true?  With regards to capital cases;  but in monetary suits, the evidence may be established by the rest. Rabbis says:  “It is one and the same rule, be it in monetary suits or capital cases.” This is the rule when both [disqualified] witnesses warned the trasngressor, but when they did not warn him, what could two brothers do that saw someone killing a person?
  If two persons see him [the transgressor] from one window and two other persons see him from another window and one standing in the middle warns him, then, if some on one side and some on the other side can see one another,  they constitute together one body of evidence, but if they cannot [see one another], they are two bodies of evidence. Consequently, if one of these is found to be a perjurer, both [the transgressor] and those two witnesses are put to death, while other group of witnesses is exempt. Rabbi Yose says:  “He is never put to death unless two witnesses had warned him, as it says, “by the mouth of two witnesses..” (Deut. 17:6). Another interpretation:  “By the mouth of two witnesses”:  that the Sanhedrin shall not hear the evidence from the mouth of an interpreter.
  If one fled after having been convicted at a court and again comes up before the same court, the [first] judgment is not set aside. Wherever two witnesses stand up and declare, “We testify that so and so was tried and convicted at a certain court and that so and so were the witnesses” the accused is executed. [Trials before] a sanhedrin are customary both in the land [of Israel] and outside it. A sanhedrin that executes once in seven years, is called murderous. Rabbi Eliezer b. Azariah Says: once in seventy years. Rabbi Tarfon and Rabbi Akiva say:  “Had we been members of a sanhedrin, no person would ever be put to death. Rabban Shimon ben Gamaliel remarked:  “They would also multiply murderers in Israel.”
  
  
  
  The following go into banishment: one who kills in error. If [for instance] while he was pushing a roller [on the roof] and it fell down and killed somebody; If while he was lowering a cask it fell down and killed somebody; If while coming down a ladder he fell on somebody and killed him, he goes into banishment. But, if while he was pulling up the roller it fell back and killed somebody; If while he was raising a cask and the rope snapped and the cask fell and killed somebody; If while going up a ladder he fell down and killed somebody, he does not go into banishment. This is the general principle: [whenever the death was caused] in the course of a downward movement, he goes into banishment, but [if it was caused] not in the course of a downward movement, he does not go into banishment. If the iron slipped from its heft and killed [somebody]: Rabbi says, “He does not go into banishment.” And the Sages say:  “He goes into banishment.” If it flew from the log being split: Rabbi says, “He goes into banishment.” And the Sages say:  “He does not go into banishment.”
  If a man threw a stone into the public domain and killed a person, he goes into banishment. Rabbi Eliezer ben Jacob says:  “If after the stone had left his hand another person put out his head and caught it, the thrower is exempt [from banishment].” If a man threw a stone into his [own] court and killed a person, then, if the victim had a right of entry there, the thrower goes into banishment, and if not, he does not go into banishment, as it says, “As when a man goes into the forest with his neighbor” (Deut. 19:5): the forest is a domain accessible to the victim and to the slayer and it therefore excludes the court of the householder where the victim has no right of entry. Abba Shaul says: “Hewing of wood is an optional act and it therefore excludes a father beating his son, or a master disciplining his pupil, or an agent of the court [administering lashes].”
  The father goes into banishment for [the death of] his son, and the son goes into banishment for [that of] his father. All go into banishment for [the death of] an Israelite, and Israelites go into banishment on their account, except for a resident alien. And a resident alien does not go into banishment except for [the death of another] resident alien. A blind person does not go into banishment, the words of Rabbi Judah. Rabbi Meir says:  “He goes into banishment.” An enemy does not go into banishment. Rabbi Yose bar Judah says:  “An enemy is executed, for it is as if he has been warned.” Rabbi Shimon says:  “There is an enemy that goes into banishment and there is an enemy that does not go into banishment:  wherever it can be said that he had killed [his victim] wittingly, he goes not into banishment,  and where he had slain unwittingly, he goes into banishment.
  To where are they banished? To the cities of refuge, to the three cities situated on the far side of the Jordan and the three cities situated in Canaan, as it says, “Three cities shall be designated beyond the Jordan, and the other three shall be designated in the land of Canaan” (Numbers 35:14). Not until three cities were selected in the land of Israel did the [first] three cities beyond the jordan receive fugitives, as it says, “Six cities of refuge in all” (Numbers 35:13), until all six could simultaneously receive fugitives.
  And direct roads were made leading from one to the other, as it says, “You shall prepare the way and divide the borders of your land into three parts” (Deut. 19:3). And they delegate to him two disciples of the Sages [as escorts] in case anyone attempted to slay him on the way, and that they might speak to him. Rabbi Meir says:  “He may [even] plead his cause himself, as it says, “And this is the word of the manslayer” (Deut. 19:4).
  Rabbi Yose bar Judah says:  “Initially a slayer is sent in advance to [one of] the cities of refuge, whether he had slain in error or with intent and then the court sends and brings him out. Whoever was found guilty of a capital crime the court had executed, and whoever was found not guilty of a capital crime they acquitted. Whoever was found liable to banishment they restored to his place [of refuge] as it says, “And the congregation shall restore him to the city of refuge to which he fled” (Numbers 35:25). All the same are [the deaths of] the high priest who had been anointed with the anointing oil; or had worn many garments, or had retired from his office all make possible the return of the manslayer. Rabbi Judah says also the [death of the] priest who had been anointed for war makes possible the return of the manslayer. Therefore, mothers of high priests would provide food and clothing for them [who had been exiled] that they might not pray for their son’s death. If the high priest died at the conclusion of the trial, the slayer does not go into banishment. If he died before the trial was concluded and another high priest was appointed in his stead and the trial was then concluded, the slayer returns [home from refuge only] after the latter’s death.
  If the trial was concluded when there was no high priest [in office], or if one kills a high priest, or a high priest that kills, [in these cases the manslayer] can never come away from that place [of refuge]. He [the manslayer] may not go out to bear witness, neither for cases having to do with a religious observance, nor to bear witness in a monetary suit, nor to bear witness in a capital case. Even should [all] Israel need him, and even a general like Yoav the son of Zeruiah, he may never go out, as it is said, “to there he fled”:  ‘there’ must be his abode, ‘there’ his death, ‘there’ his burial. Just as the city affords asylum so does its Sabbath boundary afford asylum. If a manslayer went beyond the boundary [of the city] and the blood avenger found him: Rabbi Yose the Galilean says:  “For the avenger it is a matter of obligation [to kill him]; for everyone else, a matter of option.” Rabbi Akiba says: “It is a matter of option for the avenger, and anyone else [who kills him] is not liable for doing so.” If a tree was standing within the boundary and its boughs extended beyond [the boundary] or if it was standing outside of the boundary and its boughs extended within, it wholly follows [the position of] the boughs. If he slew [someone] in that city [of refuge] he is banished from one neighborhood to another neighborhood. And a Levite is banished from one city to another.
  A manslayer who went to his city of his refuge and the men of that city wished to do him honor, should [refuse] by saying to them, “I am a manslayer!”. If they say to him, “Nevertheless” he should accept from them [the proffered honor], as it is said: “and this is the word of the manslayer.” They used to pay  rent to the Levites, according to the words of Rabbi Judah. Rabbi Meir says: “They did not pay them rent.” And [on his return home] he returns to the office he formerly held, according to the words of Rabbi Meir. Rabbi Judah says: “He does not return to the office he formerly held.”
  
  
  
  And these are liable to be flogged:One who had relations with his sister, or his father's sister, or his mother's sister, or his wife's sister, or his brother's wife, or his father's brother's wife, or a menstruant; A high priest who marries a widow,  an ordinary priest who marries a divorcee  or a halutzah; An Israelite who marries a mamzereth or natinah,  or an Israelite woman who is married to a mamzer  or a  natin. In the case of a [woman who is both] a divorcee and a widow [a high priest] is liable on two counts. But in the case of a [woman who is both] a divorcee and a halutzah, an ordinary priest is liable only on one count.
  An unclean person who ate holy meat (Leviticus 7:20, 12:4); One who entered the sanctuary while unclean (Leviticus 12:4, Numbers 5:3, 19:13); One who ate forbidden fat or blood (Leviticus 3:16, 7:23-27); Or leftover sacrificial meats (Leviticus 19:6-8); Or sacrifices that had been offered up with improper intention (Leviticus 7:18); Or [an offering] that has became unclean (Leviticus 7:19); One who slaughters, or offers up a sacrifice, outside the Temple precincts (Leviticus 17:4); One who ate leavened [bread] during Passover (Exodus 12:15,; One who partakes of food [or drink] or does work on the Day of Atonement (Leviticus 23:27-31); One who puts together the ingredients for the [anointing] oil, or the ingredients for the incense, or anoints with the oil for anointing (Exodus 30:22-28): One who eats an animal that died a natural death (Deuteronomy 14:21); Or was improperly slaughtered (Exodus 22:30); Or any of the [creatures deemed] ‘abominable’ and ‘teeming’ (Leviticus 11:11,. One who eats non-tithed produce, or first-tithe from which heave offering has not been removed, or unredeemed second-tithe, or unredeemed sanctified property. How much untithed produce is one to eat to become liable? Rabbi Shimon says:  “Any amount.” The Sages say:  “An olive's size.” Rabbi Shimon said to them:  “Do you not admit that if one ate the minutest ant that he would be liable? They said to him: “[Only] because it is a whole creature.” He said to them:  “Even a grain of wheat is a whole entity.”
  One who eats of first fruits previous to the recital over them (Deut. 26:3-10); Of most holy things outside of the Temple curtains (Exodus 27:9); Of lesser holy things or of second tithe, outside the city wall (Deut. 12:17-18). One who breaks a bone of a ritually clean Passover offering receives forty [lashes] (Exodus 12:46); But one who leaves over a clean [Passover offering] (Exodus 12:10), or breaks a bone of an unclean [Passover offering], is not given forty [lashes].
  If one takes the mother bird with the young (Deuteronomy 22:6-7): Rabbi Judah says he is flogged and need not [then] send the mother free; But the Sages say:  “He lets the mother go and is not flogged.” This is the general principle; any negative commandment which involves a positive deed, one is not liable (for transgressing over.
  If a man makes a baldness on his head, or rounds the corner of his head, or mars the corner of his beard, or makes one cutting [in his flesh] for the dead, he is liable [to a flogging]. If he makes one cutting for five dead, or five cuttings for one, he is liable for each one. On [rounding] the head [he is liable] for two corners,  one for one side and one for the other; On [marring] the beard [he is liable] for two [corners] on one side, for two on the other side, and for one lower down. Rabbi Eliezer  says:  “If they were all taken off at the same time he is liable only on one count.” And he is only liable if he takes off with a razor; Rabbi Eliezer says:  “Even if he picks off the hairs with tweezers, or with pincers, he is liable.
  He who writes an incision on his skin [is flogged]. If he writes [on his flesh] without incising, or incises without writing, he is not liable, until he writes and incises with ink, eye-paint or anything that lasts. Rabbi Shimon ben Judah says in the name of Rabbi Shimon:  “He is not liable until he has written there the name [of a god], as it is says:  “Nor shall you incise any marks on yourselves; I am the Lord” (Leviticus 19:28).
  If a nazirite has been drinking wine all day, he is liable for only one lashing. If they said to him, “Don’t drink wine”, “Don’t drink wine”, and he kept drinking, he is liable for each instance.
  If he has been defiling himself for the dead all day, he is liable for only one set of lashes. If they said to him, “Do not defile yourself! Do not defile yourself!” and he did defile himself [each time], he is liable on each instance. If he was shaving all day he is liable for only one set of lashes. If they said to him, “Do not shave, Do not shave” and he did shave [each time], he is liable on each instance. If he was wearing a garment of mixed linen and wool all day, he is liable for only one set of lashes. If they said to him, “Do not put it on!  Do not put it on!” and he takes it off and puts it on, he is liable on each instance.
  It is possible for one to plough one furrow and become liable for eight prohibited acts: If he ploughs with an ox and donkey [yoked together] (2+3) and these were sanctified [animals], [the plough being drawn over] diverse mixed-seed sown] in a vineyard, during the sabbatical year, on a festival-day, [the plower being] a priest and a nazirite and the plot being situated on a defiled area. Hanania ben Hakinai says:  “He may also have been wearing a garment mixed of wool and linen.” They said too him: “This is not of the same category.” He said to them:  “Even the nazirite is not in the same category.”
  How many lashes is he given? Forty save one, as it says, “By number forty” (Deuteronomy 25:2-3) which means, a number close to forty. Rabbi Judah says: “He is given forty [lashes] in full.” And where does he receive the additional lash? Between his shoulders.
  When they estimate the number of lashes he can stand it must be a number divisible by three. If they estimated him capable of receiving forty, and after receiving some they said he cannot receive forty, he is exempt [from the rest]. If they estimated him fit to receive eighteen, and after he was lashed they said he could receive forty, he is exempt [from the rest]. If he committed a transgression which violated two prohibitions and they made one estimate [for the lashes for both prohibitions],  he is lashed and then exempt [from more]. And if [they had] not [made one estimate for both], he is lashed [for one transgression], is allowed to recover and then is lashed again.
  How do they lash him? His two hands are tied to a pillar on either side of it and the minister of the synagogue grabs his clothing, if they are torn, they are torn; if they are ripped open, they are ripped open, until he exposes the offender’s chest. And a stone is placed behind the offender, the minister of the synagogue stands on it, a strap of cowhide in his hands, doubled over into two, and redoubled, and two straps that rise and fall attached to it.
  The handle is a handbreadth long and a handbreadth wide, its tip reaching to the edge of the [offender’s] abdomen. He administers one-third [of the lashes] in front and two-thirds behind. He lashes him not in a standing or sitting position but stooping, as it says, “And the judge shall cause him to fall [stoop] down” (Deut. 25:2). He who administers the lashes lashes with his one hand and with his whole force.
  And the one who recites, says: “If you fail to observe faithfully all the terms of this Teaching…the Lord will inflict upon you extraordinary plagues (lashes)” (Deut. 25:58-59) And then (if time remains) he returns to the beginning of the section. [“Therefore observe faithfully all the terms of this covenant” (Deut. 28:9) and he completes by saying, “And He is merciful, forgiving iniquity” (Psalms 78:38).] If the offender dies under his hand, he is exempt [from penalty]. If he gave him one more lash and the offender died, he goes into banishment. If the offender befouled himself either with feces or urine, he is exempt. Rabbi Judah says: “Feces in the case of a man and [even] urine in the case of a woman.
  All who have incurred [the penalty of] kareth, on being flogged are exempt from their punishment of kareth, for it says, “[He may be given up to forty lashes, but not more] ... lest your brother shall be dishonored before your eyes” (Deut. 25;3) once he has been lashed he is [considered] “your brother”, the words of Rabbi Hananiah ben Gamaliel. Rabbi Hananiah ben Gamaliel said:  “Just as one who transgresses one transgression forfeits his life, how much more does one who performs one commandment have his life granted him.” Rabbi Shimon says: “You can learn this from its own passage;  as it says: “[All who do any of those abhorrent things] such persons shall be cut off from their people” (Lev. 18:29), and it says:  “You shall keep my statutes and my ordinances which if a man do, he shall live by them” (Lev. 18:5), which means that one who desists from transgressing is granted reward like one who performs a precept. Rabbi Shimon bar Rabbi says:  Behold [the Torah] says, “But makes sure that you do not partake of the blood; for the blood is the life, and you must not consume the life with the flesh…[that it may go well with you and with your descendents to come..” (Deut. 12:23-25”--  now, if in the case of blood which a person’s soul loathes, anyone who refrains from it receives reward, how much more so in regard to robbery and sexual sin for which a person’s soul craves and longs shall one who refrains from them acquire merit for himself and for generations and generations to come, to the end of all generations!
  Rabbi Hananiah ben Akashia says: “The Holy Blessed One, desired to make Israel worthy, therefore He gave them much Torah [to study] and many commandments [to perform]: for it is says, “The Lord desires [his servant’s] vindication, that he may magnify and glorify [His] teaching” (Isaiah 42).