meta: {"file": "/data/tomer/Sefaria-Export/txt_done/Mishnah/Seder Nezikin/Mishnah Makkot/English/Sefaria Community Translation.txt"}
text: Mishnah Makkot
  משנה מכות
  Sefaria Community Translation
  
  
  Mishnah Makkot
  
  
  
  
  
  How do witnesses become [given the punishment due to] <i>zomemin</i> [scheming witnesses]?  [If witnesses said,] "We testify that such and such man [who was thought to be Kohen]  is the son of a divorced woman" or "the son of a <i>chalutzah</i> [a women to whom levirate marriage has been declined]," we do not say that [as punishment, each scheming witness] is designated as the son of a divorced woman or the son of a <i>chalutzah</i> in their place [the falsely accused]. Rather, [each scheming witness] is given forty lashes. [If witnesses said,] "We testify that such and such man is liable to be  exiled [to an <i>Ir Miklat</i>, City of Refuge, for accidentally killing somebody]," we do not say that [each scheming witness] should be exiled in their place  [the falsely accused]. Rather, [each scheming witness] is given forty lashes. [If witnesses said,] "We testify that such and such man  divorced his wife and has not given her her <i>Ketubah</i>    [the sum promised in the event of death or divorce]"; since in either way, he [the accused],  will eventually  give her,  her   <i>Ketubah</i>  [because he will die or they will get divorced], we [therefore]  assess how much a man would pay for this woman's <i>Ketubah</i>, given the chance that were she widowed or divorced [she would receive the money], whereas if she dies [before her husband] he inherits her [property, including the sum of the <i>Ketubah</i>]. [If witnesses said,] "We testify that such and such a man owes his fellow one thousand <i>zuz</i> [specific unit of weight] to be repaid within thirty days," and he [the accused] says [he must repay his loan] within ten years, we assess how much one would be willing to pay to have in his hand one thousand <i>zuz</i>, [evaluating the difference] between [that quantity when the loan] is to be repaid within thirty days and [that quantity when the loan] is to be repaid within ten years. 
  [Witnesses who say,] "We testify that such and such a man owes his fellow two hundred <i>zuz</i>" and are found to be <i>zomemin</i>, receive lashes and must pay [the amount they testified about], for the Biblical verse that brings upon them [the witnesses] lashes does brings upon them [the requirement to make] restitution. [This is]the view of Rabbi Meir. And the Sages say, whoever makes restitution does not receive lashes.
  [Witnesses who say,] "We testify that such and such a man is liable [for a prohibition incurred] forty lashes" and are found to be <i>zomemin</i>, receive eighty lashes, [forty] on account of [the verse,] "You shall not bear false witness against your neighbor," (Exodus 20:12), and [forty] on account of "Then shall you do unto him, as he had purposed to do." (Deuteronomy 19:19) [This is] the view of Rabbi Meir. And the Sages say, they only receive forty lashes. Monetary [compensation] may be divided up, but lashes cannot be divided up. How so? If they testified that one owed his fellow two hundred <i>zuz</i> and were found to be <i>zomemin</i>, they may divide between themselves [the sum they owe to the one they conspired against]. But if they testified that he was liable [for a prohibition incurring] forty lashes and were found to be <i>zomemin</i>, each one of them incurres forty lashes.
  Witnesses are not considered <i>zomemin</i> until they themselves are incriminated How so? [If the first pair of witnesses] said, "We testify that such and such a man killed another person," and [another pair of witnesses] say to them, "How can you testify [to this matter], for the one killed or the one [accused of] killing was with us on that day at such-and-such a place",[the witnesses of the first pair] are not considered <i>zomemin</i>. But if [the second pair of witnesses] said, "How can you testify [to this matter], for you were with us on that day at such-and-such a place"—[the witnesses of the first pair] are considered <i>zomemin</i>, and are executed on account of their testimony [the second pair of witnesses' testimony].
  If others [i.e. another pair of witnesses] come and are proven [a prior pair] to be <i>zomemin</i>, and [still] others come and prove them to be <i>zomemin</i>, even [if this occurs] one hundred [times], all of them are executed. Rabbi Yehudah says, this is a conspiracy, and only the first group [of witnesses] is executed.
  Witnesses [found to be] <i>zomemin</i> are only executed after judgment has been rendered [i.e. after the verdict has been pronounced]. [This was done in opposition to the Sadducees], for the Sadducees say, [they are only executed] after the [falsely accused] has [already] been executed, for the verse says, "a life for a life." (Deuteronomy 19:21) The Sages, [however countered and] said to them [the Sadducees], has not[the verse]  already declared " Then shall you do unto him, as he had purposed to do unto his brother," (Deuteronomy 19:19) and his brother is still alive [after the verdict is pronounced, but before the falsely accused is executed]. If so, why does [the verse] say "a life for a life"? It would have been possible [to maintain] that they are [liable for] executed the moment their testimony has been accepted; [but] the verse says "a life for a life," [from which we infer] that they are not killed until the judgment is rendered.
  "By the testimony of two or three witnesses [the perpetrator] shall surely be put to death." (Deuteronomy 17:6) If two witnesses [suffice to] establish testimony, why did the verse specify three witnesses?  The Torah is making a correlation between three witnesses and two witnesses.  Just as a group of three witnesses can make a group of two witnesses <i>zomemin</i>, so too a group of two witnesses can make a group of three witnesses <i>zomemin</i>.  And from where do we know that a group of two witnesses can make a group of one hundred witnesses<i> zomemin</i>?  The verse says [uses the termonolgy] "witnesses".  Rabbi Shimon says: Just as two witnesses are not killed until both of them become <i>zomemin</i> so too three witnesses are not killed until all three of them are <i>zomemin</i>.  And from where do we know that this is the case even for one hundred witnesses?  The verse says [uses the termonolgy] "witnesses".  Rabbi Akiva says: The third witness did not come [is not specified] to teach us to treat him more leniently but rather to make it more strict on him and to make his punishment like that of the others.  That being so, that the Torah punishes those who assist transgressors like the actual transgressor, all the more so, those who assist in the performance of mitzvoth will be rewarded like those who actually perform the mitzvoth.
  Just as if there were two [witnesses], and one was found to be a close relative or invalid, the entire testimony is invalidated, so too if there are three [witnesses] and one was found to be a close relative or invalid the entire testimony is invalidated. From where do we know [that this applies] even for one hundred [witnesses]?  The verse states: "witnesses". Rabbi Yossi said: "What case are we talking about?  In capital cases, however in monetary cases the testimony is upheld by the others." Rebbe said: "The law is the same for capital cases and monetary cases."  And when is this?  In a case when they warned [the perpetrator], however when they did not warn [the perpetrator], what can two brothers do who saw someone kill another person?
  Should two [witnesses] see [the perpetrator] from one window and two [witnesses] see him from another window and one [witness] warns him, if they [the witnesses] have a partial view of each other they are considered as one set.  If not, they are considered as two sets.  Therefore if one pair is found to be <i>zomemin</i>  [in a capital crime], both they and the  accused will be executed, and the other pair is exempt.  Rabbi Yossi says: "They are never executed unless warned by two witnesses as it says : 'By the mouth of two witnesses.'" (Deuteronomy 17:6) An alternate interpretation: "By the mouth of two witnesses," [meaning] the court should not hear testimony from the mouth of a translator. 
  If someone whose judgement was final [sentenced to death], and ran away but came back to the same Beit Din, we do not re-evaluate his old judgment. Any time that two witnesses came and say, "We testify that this person had a judgement passed against him in a certain court," so and so were the witnesses, we execute him [the defendant on this testimony]. A <i>Sanhedrin</i> [highest court, charged with deciding cases and appeals that had national significance. It was comprised of 71 scholars who had received the full traditional rabbinical ordination, and its decisions fixed Jewish practice for subsequent generations]that would execute somebody once in seven years would be considered  destructive. Rabbi Elazar Ben Azariah says: "Once in seventy years." Rabbi Tarfon and Rabbi Akiva said: "If we were on the <i>Sanhedrin</i> , nobody would have ever been executed." Rabban Shim'on Ben Gamliel said: "They too would have increased violence in Israel."
  
  
  
  The following are exiled [to the <i>Ir Miklat</i>]:  one who kills a peron accidentally.  If he was pushing a roller [on a roof] and it fell on him[a bystander] and killed him, or if he was lowering a barrel [from a roof] and it fell and killed him [a bystander], or if he was descending a ladder and he fell and killed him[a bystander], all of these cases he [the killer] is  exiled.  However, if he was pulling a roller and it fell and killed the person, or if he was raising a barrel and the rope tore and it fell and killed a person, or if he was climbing a ladder and he fell and killed a person, in these cases he [the killer] would not exiled.  This is the principle: If the killer was involved in a downward movement , he is exiled.  If it is not a downward movement he is not exiled. If the blade came off the handle and killed, Rebbi says he is not exiled but the Sages say he is exiled.  If it came from the wood being chopped, Rebbi says he is exiled but the Sages say he is not exiled.
  One who throws a rock into the public domain and it kills someone, he is exiled.  Rabbi Eliezer ben Yaakov says:  if the person stuck his head into the public domain only after the stone left his [the killer's] hand, he is exempt.  If he threw the stone into his courtyard and it killed,  if the victim had permission to be there, he is exiled, but if he did not have permission, he is not exiled, as it says, "If he comes upon his fellow in the woods..." (Deuteronomy 19:5). Just as the woods is open to both the victim and the perpetrator to enter there, this  excludes a privately owned courtyard where  both the victim (and the perpetrator) does not have permission to be there.  Aba Shaul says: Just as chopping wood is optional, [so too one is only exiled for optional activities] this excludes a father beating his son, a teacher disciplining his student, and the messenger of the courts.
  A father can be exiled on account of (killing his) son and a son can be exiled on account of (killing his) father.  All are exiled on account of (killing) an Israelite and an Israelite is exiled on account of (killing) them, except for a resident alien.  A resident alien is only exiled on account of (killing) a resident alien.  A blind person is not exiled, these are the words of Rabbi Yehudah.  Rabbi Meir says he (a blind person is) exiled.  A known enemy is not exiled.  Rabbi Yose bar Yehuda says:  a known enemy is killed because he is as one who is habitual.  Rabbi Shimon says:  some known enemies are exiled and some are not exiled.  This is the general rule:  anyone who we can say that he killed with intent is not exiled.  If he killed without intent, he is exiled.
  To where are they exiled?  To the cities of refuge: Three on the east side of the Jordan River and three in the land of Canaan, as it says,  "Give three cities on this side of the Jordan and give three cities in the land of Canaan." (Numbers 35:14) Until the three were chosen in the land of Canaan, the three on the east side of the Jordan did not absorb [protect], as it says, "These six cities" (Numbers 35:15), until all six can absorb at the same time.
  And roads were designated from one [city] to the next, as it says, "Prepare the road and divide in thirds..." (Deuteronomy 19:3). Two scholars were provided to them [the killer] lest they [the avenger] kill him on the road and they [the scholars] speak with him.  Rabbi Meir says:  He speaks for himself, as it says, "And this is the matter/word of the murderer..." (Deuteronomy 19:4)
  Rabbi Yose bar Yehuda says:  At the outset, both neglectful and purposeful arrive at the city of refuge.  The court sends for them and takes him from there.  One who is to be killed by the court, is executed, and the one who is to be exiled, they return him back to his place, as it says , "The community will return him to his city of refuge."(Numbers 35:25)  (The death of) one who is annointed with oil (the high priest) and one who has additional clothes (a step in becoming the high priest) and one who used to be anointed, return the killer (from the city of refuge to his city of origin).  Rabbi Yehudah says: even one who is annointed for the purposes of war returns the killer.  Therefore, the mothers of priests provided food and clothes (to the residents of cities of refuge), so they would not pray for their sons to die.  If the high priest died after his judgment was rendered, he is not exiled.  If the high priest died before his judgment was rendered and they appointed a new one and after that his judgment was rendered, he is returned [home] with the death of the second.
  If his judgment is rendered without a high priest, or if he kills the high priest, or a high priest who kills, those never leave there (the city of refuge).  And he may not leave in order to testify for an obligatory purpose or for a monetary case or for a capital case.  Even if Israel needs him, even if the head of the military of Israel like Yoav ben Zeruiah, he may not ever leave there.  As it says , "Where he ran there" (Numbers 35:25), there must be his residence, there must be his death, there must be his burial.  Just as the city absorbs, so too its outskirts [2,000 cubits from the edge of the city] absorb.  A killer who leaves the outskirts and the blood avenger (next of kin) finds him, Rabbi Yose the Galilean says:  (killing him) is an obligation of the blood avenger and optional for anyone.  Rabbi Akiva says:  (killing him) is optional for the blood avenger and any person is not liable for it.  A tree which stands in the outskirts and its branches stretch out of the outskirts or if the tree stands out of the outskirts and its branches stretch into the outskirts, the ruling is everything s determined according to its branches.  If he kills in the same city [the city of refuge], he is exiled from one neighborhood to another neighborhood.  A Levite [the cities of refuge was owned by the Levites] who kills is exiled from one city to another.
  Similarly, a killer who was exiled to his city of refuge and the people of that city want to honor him, he should say to them, "I am a killer."  If they say "Nevertheless", he should accept it from them, as it says, "This is the matter [words] of the killer."   (Deuteronomy 19:4) They would pay rent to the Levites, these are the words of Rabbi Judah.  Rabbi Meir says:  they do not pay them rent.  (When he returns to his city of origin) he returns to the status [authority] that he had been, these are the words of Rabbi Meir.  Rabbi Judah says:  he would not return to the status that he had been.
  
  
  
  In the following cases the punishment received is forty lashes: If one cohabitates with  his sister,  his father's sister,  his mother's sister,  wife's siter, his brother's wife,  the wife of the father's brother, a woman during her menstrual cycle,  a High Priest [cohabitates] with a widow,  a common priest with a divorced woman  or a woman who had <i>chalitza</i> performed on her, a <i>mamzeret</i> [an offspring from a prohibited union] or a <i>netina</i> [member of a caste of Temple servants, historically descended from the Gibeonites] to [cohabtates with] an ordinary Jew, a Jewish woman to [cohabitates with] a <i>natin</i> or a <i>mamzer</i>. [For] a widow and a divorcee, [a High Priest] is liable due to two prohibitions. [For] a divorcee and a <i>chalutza</i>, [an ordinary priest] is liable due to one prohibition alone. 
  A ritually impure  individual who eats sanctified property, one who enters the temple while ritually impure,   one who eats forbidden fats, blood [from an animal],  <i> notar</i>  [meat from sacrifices which have been left over after their permitted eating period], <i>pigul</i> [sacrifices done with invalidating intentions],  ritually impure [sacrifices],  one who slaughters [sacrifices] or one offers them up outside [the temple], one who eats <i>chamets</i> [leavened grain products] on Passover,  and one who eats or does work on Yom Kippur, one who manufactures the [anointing] oil,  and one who manufactures the incense [used in the temple], one who anoints using the anointing oil, one who eats <i> nevelah</i> [improperly slaughtered animals] or <i> treifah</i> [an animal which will die within a year],  insects and crawling creatures. One who eats tevel (produce which is yet to be appropriately tithed), or <i> maaser rishon </i> [the first tithe] which has not yet had its trumah (the portion which is given to a priest) separated, or <i> maaser sheini</i> [the second tithe] or sanctified property which have not been redeemed. How much must one eat from tevel in order to be culpable? R' Shimon says "any amount", and the Sages say "the size of an olive". R' Shimon said to them, "Do you not agree that one who eats an ant as it is is culpable?" They said to him, "That is because it is an entire creation by itself." He [R' Shimon] said to them, "One wheat grain is also a entire creation".
  One who eats first fruits before he has read [the mandated verses of [<i>Bikkurim</i>] on them,  sacrifices [<i> Kodshei Kodashim</i>] with higher sanctity outside the curtains [of the temple], sacrifices with standard sanctity [<i> Kodashim Kalim</i>]  or the second tithe outside the wall [of Jerusalem],  One who breaks the bones of a ritually pure Passover sacrifice, one who does [any of] these is incurs forty [lashes]. But one who leaves over a pure [Passover sacrifice] until morning and one who breaks the bones of an impure [Passover sacrifice] does not incur forty [lashes].
  One who takes a mother [bird] from her chicks, R' Yehuda says, "He incurs lashes and does not need to send [the mother bird away]." And the sages say, "He sends [the mother bird away] and does not incur lashes." This is the rule: Any negative commandment that has a [positive] "go and do" [aspect to it], one is not culpable for [violating] it [by being punished with lashes].
  One who balds his head, one who cuts the [hair] encircling the corners of his head, one who destroys the corners of his beard, and one who cuts [even] one cut [on himself] because of [mourning for] the dead, he is liable [for lashes]. If he made one cut because of [mourning for] five dead people, or five cuts because of [mourning for] one dead person, he is liable for each one. [For cutting] on his head, [he is liable] twice, one for one side and one for the other side [both sides of the head]. [For destroying] his beard, [he is liable] two for one side here and two for the other side and one at the bottom [the various corners of the face]. Rabbi Eliezer says, "If they all were taken off in one [motion], he is only liable for one." And he is only liable for taking them off with a straight razor. Rabbi Eliezer says, "Even with tweezers or pincers, he is liable.
  One who "imprints" a tattoo, if he writes without perforating himself, or he perforates himself without writing, he is not liable for lashes, until he writes and perforates himself with ink or pigment or anything that leaves an impression. Rabbi Shimon ben Yehudah said in the name of Rebbi Shimon [bar Yochai]: He is not liable until he writes a name [of an idol] there. As it says, "A tattoo should not be placed on yourselves, I am G-d." (Vayikra 19:28)
  A <i>Nazir</i> [a person who has sworn to abstain from alcohol related items, haircuts and impurity] who drinks wine all day is only liable for one[ transgression].  If they said to him, "Don't drink!  Don't drink!" and he drank, he is liable for each and every one [warning].
  If he [a nazir] made himself impure [by coming in contact with a corpse] all day, he is only liable for one [transgression]. If they said to him, "Don't become impure! Don't become impure!" and he became impure, he is liable for each and every one [warning].  If he cut his hair all day, he is only liable for one[transgression]. If they said to him, "Don't cut [your hair]! Don't cut [your hair]!" and he cut, he is liable for each and every one [warning]. If one wore <i> shaatnez</i> [clothes made from wool and linen woven together] all day, he is only liable for one [transgression]. If they said to him, "Don't wear! Don't wear!" and he undressed and dressed, he is liable for each and every one [warning].
  There is [the possibility that one could] plow only one furrow and become liable [on that account] for eight prohibited acts: [This is the case where] one plows with an ox and a donkey [yoked together], they [the animals] are sanctified, he is planting <i> Kilayim</i> [mixture of seeds] in a vineyard,  during a Sabbatical year,  on a Festival-day, he [the planter] is both a a priest and <i> nazir</i> [planting] in contaminated place [i.e. a cemetery]. Chananya ben Chachinai says: [There is a possibility for a ninth transgression] If he is wearing [while plowing] a garment made of <i> Kilayim</i> [a garment woven with wool and linen] .  They [the Sages] said to him: This is not in the same category [as the other violations].  He [Chananya] said to them: Neither is the Nazirite in the same category [as the other violations].
  How many lashes does one incur? Forty minus one [thirty nine] As the verse says  "...by number. Forty..."  (Deuteronomy 25:2-3) [the] number that immediately precedes [the number] forty. R' Yehuda says "[he is lashed with] a total of forty lashes". And where is the extra lash administered? Between his shoulders.
  [When we assess how many lashes he can take,] we only assess him with lashes that can be divided in thirds. [If] they assessed him to be able to receive forty [lashes], and they gave him some of the lashes and then they said "he is unable to receive forty", he is exempt [from the rest]. [If] they assessed him to be able to receive eighteen and after they lashed him [the eighteen] they said "he is able to receive forty", he is exempt [from receiving any more]. [If] he transgressed a transgression that involved two violations [each of which he'd be culpable forty lashes] and they gave him one assessment [for both], he gets lashed and is exempt [from receiving any more]. And if not [they only assessed him for one violation], he is lashed, allowed to heal, returns and is lashed [again].
  How do they lash him? His two hands are bound on each side of the column and the administer grabs his clothing [pulling them away from the area to be lashed]. If they [the clothing] are torn, they are torn [so be it] and if they become unstitched, they are unstitched [so be it], until his heart [chest] is uncovered. And a stone is placed behind him, and the administrator stands on it. And a strap of calfskin is in his hand, doubled over once into two [straps] and a second time into four [straps] and there are two [other] straps going up and down with it.
  The [strap's] handle is a hand-breadth [long] and it [the strap] is a handbreadth wide and its tip reaches to the mouth [beginning] of his stomach. And he lashes him one third [of the lashes] in his front and two thirds on his back. He lashes him neither standing nor sitting rather leaning over, as the verse says, "and the judge shall cause him to lie"(Deuteronomy 25:2). And the one who hits [the administrator] hits with one hand and with all his strength.
  The reader would read, "If you do not keep the commandments... God will increase your beatings and the beatings of your children..."(Deuteronomy 28:58-59) and (if he finished) he would go back [repeat] to the beginning of the verses.  "And you shall keep the words of this covenant" (Deuteronomy 29:9) and he concludes "The all-merciful one who forgives sin...(Psalms 78:38) and if he finishes he goes back to the beginning.  If he [the one being lashed] died at his hand [while being lashed], the administrator is not responsible for his death.  If the administrator added an extra strap [lash to the assessment] and he died, he[the administrator] is sent into exile.  If he [the one being lashed] soiled himself with excrement or urine he [the administrator] is exempt from further lashes.  Rabbi Yehuda says, the man [is only exempt if he soils himself] with excrement, but a woman [is exempt even if she soils herself] with urine. 
  A man who transgressed a sin whose punishment is<i> karet</i> [punishment by premature death] but received lashes, is absolved from <i>karet</i>, as the verse states "And your brother will be demeaned before you, (Deuteronomy 25:3)" once he has been demeaned he becomes like your brother, so says Rabbi Chanania ben Gamliel.  Rabbi Chanania ben Gamliel also stated: If someone could lose their life for committing just one sin, one who keeps one commandment, how much more so  his life will be rewarded to him. Rabbi Shimon says, We [do not need the <i>kal vachomer</i> to learn this] can learn it from its place [context], as it says "They [the person performing incest]  will have their soul cut off" (Leviticus 18:5) and it says [at the beginning of the verse "Which man shall carry out and by which he shall live."  From this [we learn] that whoever just sits and commit no sin, is given a reward like the one who fulfilled a commandment.  Rabbi Shimon bar Rebbi says, the verse states "Be strong to not eat blood because blood is the life force." (Deuteronomy 12:23)   Now, if blood, which a person is naturally disgusted by, one who refrains from eating it receives a reward, one who refrains from stealing and illicit relationships, which one craves lusts for , how much more so he will earn merit for him and the generations after him till the end of time.
  Rabbi Chananaia son of Akashia stated, God wanted to grant merits to Israel, therefore he gave them many laws and commandments as it states, "Because God wants righteousness he increased the amount of Torah and splendor."  (Isaiah 42:21).