The Structure of Mishnah

(1) If [the judges] didn't know [the witness], others were sent with him to testify about him. At first, testimony about the new moon was received from any one; [but] from when the heretics corrupted [and bribed witnesses to lie], it was ordained, that [testimony] should be received only of those witnesses who were known.

(2) At first, bonfires were lighted on the tops of the mountains [to transmit the appearance of the new moon]; but when the Cutheans [the Samaritans] corrupted [the process], it was ordained that messengers should be sent out.

(3) How were these mountain fires lighted? They brought long staves of cedar wood, and shoots, and sticks from oil trees, and the scraps of flax, which were [all] tied on the top of [the staves] with twine; [with these, the court's agent] went to the top of the mountain, and lighted the fire; and waved them to and fro, upward and downward, until he could see his fellow, [and] that [the latter] was doing the same on the top of the next mountain; and so too, [this process was repeated with regards to the next fellow] on the top of the third mountain.

(4) And from where did they light these mountain fires? From the Mount of Olives to Sartava, and from Sartava to Grofina, and from Grofina to Havran, and from Havran to Beit Biltin; and from Beit Biltin, [the agents] did not move from there, but [rather] he would wave [the flaming brands] to and fro, upward and downward, until he could see the whole Diaspora in front of him [lit up] like a torch fire.

(5) There was a large courtyard in Jerusalem and it was called Beit Ya'azek; it was there that all the witnesses gathered, and the court would examine them there. Large meals were made for them, in order that they be accustomed to come [and testify]. At first, they did not move from [that courtyard] all day [on Shabbat. Later,] Rabban Gamliel the Elder ordained that they would [be permitted to] go two thousand amot [a specific unit of length] on every side; and it is not only [witnesses that were given this dispensation on Shabbat], but also the midwife, who comes to deliver [a baby]; and one who comes to save [others] from a fire, or from [the attack of a hostile] troop, or from a [flood], or from under the ruins of fallen buildings; behold they are considered as inhabitants of that town [to which they arrived on Shabbat], and [hence] they have two thousand amot on every side [of the town in which they are allowed to move].

(5) There is no difference between a festival day and Shabbat except okhel nefesh (the law allowing one to do certain types of food preparation on festivals). There is no difference between Shabbat and Yom Kippur except that the willful violation of [Shabbat] is [punishable] by man, and the willful violation of [Yom Kippur] is [punishable] by karet [Divinely imposed punishment consisting in severance from Heaven and/or the Jewish people].

(6) There is no difference between one who disavows any benefit from his fellow and one who disavows [accepting] any food from him except setting foot [in his house] and [borrowing] vessels that are not used for okhel nefesh. There is no difference between vow-offerings and voluntary offerings except that one is obligated to fulfill his vow-offerings [regardless of whether the original animal can be brought], and one is not obligated to fulfill voluntary offerings [if the original animal cannot be brought].

(7) There is no difference between a zav [a male who has certain types of atypical genital discharges, which render him impure] who has seen two sightings and one who has seen three except an offering. There is no difference between a [possible] metzorah [one rendered severely impure from an unsightly skin disease. Upon recovery and purification, he must bring offerings] who has been sequestered [in order to ascertain his status] and one who has been definitively declared a metzorah except rent clothes and unkempt hair. There is no difference between one who was declared pure after being sequestered [in order to ascertain his status] and one who was declared pure after being definitively declared [a metzorah] except shaving and [the offering of] birds.

(8) There is no difference between sefarim [scrolls containing the Torah, Prophets, or Writings that were used for ceremonial readings] and tefillin and mezuzot except that sefarim may be written in any language, while tefillin and mezuzot may only be written in ashurit [in the Hebrew language using a particular set of glyphs]. Rabban Shimon ben Gamliel says, "Even concerning sefarim, they only permitted them to be written in Greek."

(9) There is no difference between a high priest anointed with the sacred oil, and one whose dignity was marked by additional [sacerdotal] vestments only, except the bull which the first mentioned is to offer, in case he gave a wrong decision, which led to a transgression of a precept [of the law]. There is no difference between an officiating high priest and his late substitute, except the bull offered on the day of atonement, and the tenth of the ephah [of flour] [which the first mentioned, or real high priest, alone might offer].

(10) There is no difference between a large high place and a small one, except the paschal offering. This is the rule:—All offerings which are brought in consequence of vows, and all peace-offerings, may be offered on a small high place, but not sacrifices of any other kind.

(11) There was no difference between [the tabernacle at] Shiloh and [the temple at] Jerusalem, except that at the former place it was lawful to eat of sacrifices having a minor degree of holiness, and of the second tithe, in any place from whence [Shiloh] might be seen; but in Jerusalem it was lawful to eat these within the walls only. In both places, however, sacrifices which were most holy might only be eaten within the hangings [of the court of the sanctuary]. The holiness of Shiloh had [subsequently] a period in which it became lawful [to offer sacrifices elsewhere]; but the holiness of Jerusalem has no such period.

(1) Twice a day one recites the Shema, in the morning and in the evening as it says "while you lie down and while you get up" (Deuteronomy 6:7). [This means] that the time when people generally lie down is night, and the time when people generally arise is day.

(2) What does one recite? [There are] three sections, and they are: "Shema" (Deuteronomy 6:4-9), "If ye shall hearken" (Deuteronomy 11:13-21), and "And the Lord spoke" (Numbers 15:37-41). One begins with the section "Shema" because it has in it of the unity of God, loving Him, and learning [of Torah], which is the greatest essence on which everything depends. After [the Shema], "If ye shall hearken" [is next] as in is the commandment of the rest of the commandments, and after thus is the portion [referring to] the fringes, that also have in it the commandment of remembering all the commandments.

(3) Even though the commandment of wearing fringes does not apply at night, one reads the passage [concerning it] because it has a reminder of the Exodus from Egypt. It is a commandment to recite the Exodus from Egypt as it is stated, "So that you will remember the Exodus from Egypt all the days of your life" (Deuteronomy 16:3). These three sections ordered as such form the recitation of the Shema.

(1) From when may one recite Shema in the evening? From the time when the Kohanim go in to eat their Terumah [produce consecrated for priestly consumption], until the end of the first watch – so says Rabbi Eliezer. And the Sages say: Until midnight. Rabban Gamliel says: Until the break of dawn. It once happened that his [Rabban Gamliel’s] sons came from a house of feasting. They said to him: We have not recited Shema. He said to them: If dawn has not broken, you are obligated to recite it. And [this is true] not only in this case; rather, in all cases where the Sages said that [some precept can be performed only] until midnight — their precepts are [still in force] until the break of dawn. [For example:] Burning the fats and limbs [of the sacrifices, on the Temple altar] — their precepts [can be performed] until the break of dawn. And [another example:] all [sacrifices] which may be eaten for one day — their precepts [of eating them can be performed] until the break of dawn. If that is so, why did the Sages say, "until midnight"? To distance a person from transgression.

(2) From when may one recite Shema in the morning? From when one can distinguish between Tekhelet [purple-blue wool] and white. Rabbi Eliezer says: [The earliest time for Shema is when one can distinguish] between Tekhelet and the color of leek, and one must finish reciting it by sunrise. Rabbi Yehoshua says: [One may recite Shema] until three hours [of the day], for such is the way of the sons of kings, to arise at the third hour. If one recites [Shema] later than this, he has not lost out, [but rather is] like one who reads the Torah.

(3) The school of Shammai says: In the evening all people should recline and recite [Shema], and in the morning they should stand, since it says [in the verse (Deut. 6:7)], “And when you lie down and when you arise.” But the school of Hillel says: Each person may recite it in his usual way (posture), since it says (ibid.), “And when you walk on the road.” If so, why does it say “and when you lie down and when you arise”? —[It means:] at the time when people are lying down, and at the time when people are arising. Said Rabbi Tarfon: “I was once traveling on the road, and I reclined to recite [Shema] in accordance with the view of the school of Shammai, and [by doing so] I put myself in danger of [attack by] bandits.” They [the other Sages] said to him: “You would have deserved to be guilty for your own fate, since you went against the view of the school of Hillel.”

(2) These are the section breaks: Between the first and second blessings, between the second blessing and Shema, and between Shema and Vehayah im shamoa [second paragraph of the Shema], between Vehayah im shamoa and Vayomer [third paragraph of Shema], between Vayomer and Emet veyatziv [blessing after Shema]. Rabbi Yehuda says: Between Vayomer and Emet veyatziv -- one may not pause. Rabbi Yehoshua ben Karchah said: Why does Shema precede Vehayah im shamoa? So that one may accept the yoke of the kingdom of heaven first, and after that accept the yoke of the commandments. And [why does] Vehayah im shamoa [precede] Vayomer? Because Vehayah im shamoa applies during the day and at night, and Vayomer only applies during the day.

(1) There are two [types of] transfers on Shabbat which amount to four inside, and two which amount to four outside. How so? [This is illustrated by] a poor person standing outside and a homeowner [standing] inside: [If] the poor person reaches his hand inside and puts [something] into the hand of the homeowner, or takes [something] from [the hand] and brings it outside, the poor person is liable and the homeowner is exempt. [If] the homeowner reaches his hand outside and puts [something] into the hand of the poor person, or takes [something] from [the hand] and brings it inside, the homeowner is liable and the poor person is exempt. [If] the poor person reaches his hand inside and the homeowner takes [something] from it, or puts [something] into it, and [the poor person] brings it outside, they are both exempt. [If] the homeowner reaches his hand outside and the poor person takes [something] from it, or puts [something] into it, and [the homeowner] brings it inside, they are both exempt.

(2) A person should not sit down before the barber close to [the time of] Minchah [the afternoon prayer service] until he prays. Nor should he enter a bath-house, or a tannery, or [start] eating, or judging [in court]. But if [one did] began [such an activity], we do not interrupt him. We do interrupt for the recitation of Shema, but we do not interrupt for prayers.

(3) The tailor may not go out with his needle close to nightfall [before Shabbat], lest he forget and go out [with it on Shabbat]; and neither [may] the scribe [go out] with his quill. One may not delouse his apparel, and may not read by lamp light [on Shabbat]. In truth they said: The instructor may check where the students are reading but he may not read. Similarly, a Zav [a man suffering from gonorrhea] may not eat with a Zavah [a woman with a menstrual-type flow occurring at a time other than her normal period] because familiarity leads to sin.

(1) With what may an animal go out and with what may it not go out? A camel may go out a bit, a female camel with a nose-ring, a Lybian donkey with a halter, and a horse with a chain. All [animals] that wear a chain may go out with a chain and be led by a chain. [In the event the chain becomes impure] it is sprinkled and immersed in its place [on the animal without being removed].

(1) From when may one recite Shema in the evening? From the time when the Kohanim go in to eat their Terumah [produce consecrated for priestly consumption], until the end of the first watch – so says Rabbi Eliezer. And the Sages say: Until midnight. Rabban Gamliel says: Until the break of dawn. It once happened that his [Rabban Gamliel’s] sons came from a house of feasting. They said to him: We have not recited Shema. He said to them: If dawn has not broken, you are obligated to recite it. And [this is true] not only in this case; rather, in all cases where the Sages said that [some precept can be performed only] until midnight — their precepts are [still in force] until the break of dawn. [For example:] Burning the fats and limbs [of the sacrifices, on the Temple altar] — their precepts [can be performed] until the break of dawn. And [another example:] all [sacrifices] which may be eaten for one day — their precepts [of eating them can be performed] until the break of dawn. If that is so, why did the Sages say, "until midnight"? To distance a person from transgression.

(1) From when do we read Shema in the evenings? “From the time when people come [home] to eat their bread on Shabbat (Sabbath) nights,” [these are] the words of Rebbi Meir. And the Chachamim (Sages) say from the time when the Kohanim (priests) are able to eat their Terumah (heave offering). A sign for this is the coming out of the stars. And even though there is no explicit proof for this matter, there is an indirect reference: “… and half of them were holding spears from the morning twilight until the coming out of the stars.” (Nehemiah 4:15)

(1) What is the order of the [prayer service of the] fast-days? We take out the ark to the square of the city, and we place ashes of burnt [substances] on the heads of the Nasie

(2) They stand to pray. We bring in front of the ark (meaning, to be the chazzan) an elderly man who is regular [to function as chazzan], who has children, and whose house is empty (meaning, he is poor), so that his heart may be entirely [devoted] to his prayer, and he says before them twenty-four blessings: the eighteen that are [said] every day, and he adds upon them another six.

(1) These things are [disputed] between the school of Shammai and the school of Hillel about meals: The school of Shammai says, "Bless the day, and afterward bless the wine." The school of Hillel says, "Bless the wine, and afterward bless the day."

(8) If wine is brought to them after the meal, and nothing is [available] there except for that cup: the school of Shammai says, "Bless the wine and afterward bless the meal." The school of Hillel says, "Bless the meal and afterward bless the wine." Respond "Amen" after a Jew blesses, and do not respond "Amen" after a Cuthite blesses until one has heard the whole blessing.

(1) From when do we begin to mention the power of [bringing] rain [in the Shemoneh Esrai[, Rabbi Eliezer says, from the first day of the festival [Sukkot]. Rabbi Yehoshua says, from the last day of the festival [Sukkot]. Rabbi Yehishua said to him [Rabbi Eliezer], since rain on the festival is nothing but a sign of a curse why should he mention it? Rabbi Eliezer said to him: I also did not say to request [rain] but to make mention, “He causes the wind to blow and the rain to fall” in its due season. He replied to him: if so one should at all times make mention of it.

(7) If these [fasts] have passed and were not [favorably] answered, we lessen from engaging in business transactions; from erecting buildings and planting; and from betrothings, weddings, and mutual greetings, like men who have been rebuked [and, so to speak, put] in their place. Private individuals return to fasting until the end of the month of Nissan. If Nissan has elapsed, and then the rain falls (some change the words to read "without rain," though not all. Due to the verse quoted, it seems that the phrase should be left out), it must be considered as a curse, for thus it is written [I Samuel 12:17], "Is it not wheat harvest to day? I will call unto the Lord, and he shall send thunder and rain (proving through context that rain during the harvest season is a curse)."

(1) A woman is acquired in three ways, and she acquires herself in two ways. She is acquired through money, through a document, or through sexual intercourse. Through money: Beit Shammai say, "With a dinar [a specific unit of money] or with the equivalent value of a dinar." And Beit Hillel say, "With a perutah or with the equivalent value of a perutah." How much is a perutah? One eighth of an Italian issar [a specific unit of money equal to one twenty-fourth of a dinar]. And she acquires herself through a bill of divorce or through the death of the husband. A yevamah [a widow whose brother-in-law performed levirate marriage with her] is acquired through sexual intercourse, and acquires herself through chalitzah [the ceremony performed by the widow of a childless man as an alternative way to release herself from the obligation to wait for levirate marriage] or through the death of the yavam [one upon whom has fallen the obligation to perform levirate marriage].

(2) A Hebrew slave is acquired through money or through a document, and acquires himself through years [of service], through the Jubilee Year, or through prorated monetary [payment]. A Hebrew maidservant has an advantage over him, in that she acquires herself through [physical] signs [of puberty]. [A slave] who [has his ear] pierced is acquired through [the] piercing, and acquires himself through the Jubilee Year or with the death of the master.

(3) A Canaanite slave is acquired through money, through a document or through establishment of possession. And he acquires himself through money by a third party or through a document by himself. These are the word of Rabbi Meir. And the Sages say, "Through money by himself and through a document by a third party, providing that the money be from a third party.

(4) A large animal is acquired through transfer [of the reins], and a small animal through lifting [it]; these are the words of Rabbi Meir and Rabbi Elazar. The Sages say, "A small animal is acquired through pulling [it]."

(5) Mortgaged property is acquired through money, through a document, or through establishment of possession; and non-mortgaged [property] is acquired only through pulling [it]. Property which is non-mortgaged can be acquired along with mortgaged property through money, through a document or through establishment of possession; and that which is non-mortgaged can, [by association,] bind [itself to] that which is mortgaged [to force one] to take an oath regarding [that property].

(6) Anything that is used as currency for something else, once this [party to the transaction] takes possession [of it], this [other party] is obligated in its exchange. How so? If one exchanges a bull for a cow, or a donkey for a bull, once this one takes possession, this one is obligated for its exchange [i.e., the animal he agreed to exchange for it]. The Temple authority [acquires directly] through money, and the lay authority [acquires] through establishment of possession. A verbal statement [declaring an object as belonging] to the Temple [authority] is like [physical] transfer to the lay [authority].

(7) [With regard to] all commandments of the son which are [incumbent] upon the father, men are obligated, and women are exempt. And [with regard to] all commandments of the father which are [incumbent] upon the son, both men and women are obligated. And [with regard to] every positive commandment that is time-dependent, men are obligated and women are exempt. And [with regard to] every positive commandment which is not time-dependent, both men and women are obligated. And [with regard to] every negative commandment, whether it is time-dependent or it is not time-dependent, both men and women are obligated, except for: "You shall not round off [the corners of your head]" (Leviticus 19:27), "You shall not destroy [the corners of your beard]" (ibid.), and "You shall not become ritually impure for the dead" (Leviticus 21:1).

(8) The leanings, and the wavings, and the presentations, and the kemitsot [individual handfuls of the meal offering, which the priest takes to be put on the altar], and the incense offerings, and the melikot [instances of utilizing a slaughtering method used for bird sacrifices, employing the thumbnail instead of a knife], and the sprinklings, and the collections of blood are practiced by men, but not by women, except for the meal-offering of the sotah and of the female Nazirite, that they wave [them].

(9) Any commandment which is dependent on the Land [of Israel] only applies in the Land. And any commandment which is not dependent on the Land applies both in the Land and outside the Land, except for orlah [the fruit of a tree during the first three years after its planting, the consumption or usage of which is forbidden] and kilayim [the prohibition of planting together certain plants]. And Rabbi Eliezer says, "Also chadash [grain from the current year that one is forbidden to eat until after the sixteenth of Nissan]"

(10) Anyone who performs a single commandment is bestowed with goodness, his days are lengthened, and he inherits the Land. And anyone who does not perform a single commandment is not bestowed with goodness, his days are not lengthened, and he does not inherit the Land. Anyone who is [involved in] Scripture, the Oral Law, and proper social behavior will not easily [come to] sin, as it is stated, "And the three-ply cord is not quickly severed" (Ecclesiastes 4:12). Anyone who is not [involved in] Scripture, the Oral Law, and proper social behavior is not part of civilization.

(1) On the eve of Passover [from] close to [the time of] the afternoon offering, no one must eat until nightfall. Even the poorest person in Israel must not eat [on the night of Passover] unless he reclines. And they must give him no fewer than four cups of wine, even [if he receives relief] from the charity plate.

(2) They pour the first cup [of wine] for [the leader of the seder]. The House of Shammai say: He recites a blessing for the day [first], and then recites a blessing over the wine But the House of Hillel say: He recites a blessing over the wine [first], and then recites a blessing for the day.

(3) [Then] they set [food] before him. He dips the lettuce before he reaches the course following the [unleavened] bread. [Then] they set before him unleavened bread, lettuce, and a mixture of apples, nuts, and wine, and two dishes, although the mixture of apples, nuts, and wine is not compulsory. Rabbi Eliezer bar Tzadok says: It is compulsory. And in the Temple they used to bring before him the body of the Passover-offering.

(4) They pour a second cup [of wine] for him. And here the son questions his father. And if the son has insufficient understanding [to question], his father teaches him [to ask]: Why is this night different from all [other] nights? On all [other] nights, we eat leavened and unleavened bread, [but] on this night, [we eat] only unleavened bread. On all [other] nights, we eat all kinds of vegetables, [but] on this night, [we eat only] bitter herbs. On all [other] nights, we eat meat roasted, stewed or boiled, [but] on this night, [we eat] only roasted [meat]. On all [other] nights, we dip [vegetables] once, [but] on this night, we dip [vegetables] twice. And according to the son's intelligence, his father instructs him. He begins [answering the questions] with [the account of Israel’s] shame and concludes with [Israel’s] glory, and expounds from “My father was a wandering Aramean” until he completes the whole passage.

(5) Rabban Gamliel used to say: Whoever does not mentioned these three things on Passover does not discharge his duty, and these are they: the Passover-offering, unleavened bread, and bitter herbs. [The] Passover-offering [is offered] because the Omnipresent One passed over the houses of our ancestors in Egypt. Unleavened bread [is eaten] because our ancestors were redeemed from Egypt. [The] bitter herb is [eaten] because the Egyptians embittered the lives of our ancestors in Egypt. In every generation a person must regard himself as though he personally had gone out of Egypt, as it is said: “And you shall tell your son in that day, saying: ‘It is because of what the Lord did for me when I came forth out of Egypt.’” Therefore it is our duty to thank, praise, laud, glorify, exalt, honor, bless, extol, and adore Him Who performed all these miracles for our ancestors and us; He brought us forth from bondage into freedom, from sorrow into joy, from mourning into festivity, from darkness into great light, and from servitude into redemption. Therefore let us say before Him, Hallelujah!

(6) Up until which point should he recite? The House of Shammai says: Up to 'as a happy mother of children'. The House of Hillel says: Up to 'flint stone into a water-spring', and conclude with the blessing of redemption. Rabbi Tarfon says: 'who redeemed us and our ancestors from Egypt', but without a concluding blessing. Rabbi Akiva says: 'O YHVH our God and God of our ancestors--may we come to reach other seasons and festivals in peace, joyful in the rebuilding of your city, and jubilant in your Temple service, where we will eat from the offerings and Passover sacrifices etc.' until 'Bless you YHVH, Redeemer of Israel.

(7) They mix a third cup; he blesses his meal. [The] fourth [cup] is concluded with Hallel, which he says with the [concluding] blessing. Between these cups, if he wishes to drink, he may drink. Between the third and the fourth [cups], he may not drink.

(8) They may not add an afikoman after the Pesach offering. If a few of them changed [locations], they may eat. If all of them [changed locations], they may not eat. Rabbi Yossi says: if they nod off, they may eat. If they fall asleep, they may not eat.

(9) [Contact with] the Pesach sacrifice after midnight renders one's hands impure. [Contact with] piggul [a sacrifice that becomes unfit, due to the intention of the officiating priest, while offering it, to consume it after its permitted time] or notar [a sacrifice that becomes unfit, due to being left unconsumed until after the time limit for its consumption] renders one's hands impure. [If] one recited a blessing over the Pesach sacrifice, he exempts [himself from the obligation to make a blessing] on [another] sacrifice [that he eats]. If he recited a blessing over [the eating of another] sacrifice, he has not exempted [himself from the obligation to make a blessing] on the Pesach sacrifice - so says Rabbi Yishmael. Rabbi Akiva says, "Neither this nor that [blessing] exempts the other."

(1) How do witnesses become[given the punishment due to] zomemin [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 chalutzah [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 chalutzah 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 Ir Miklat, 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 Ketubah [the sum promised in the event of death or divorce]"; since in either way, he [the accused], will eventually give her, her Ketubah [because he will die or they will get divorced], we [therefore] assess how much a man would pay for this woman's Ketubah, 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 Ketubah]. [If witnesses said,] "We testify that such and such a man owes his fellow one thousand zuz [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 zuz, [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.

(2) [Witnesses who say,] "We testify that such and such a man owes his fellow two hundred zuz" and are found to be zomemin, 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.

(3) [Witnesses who say,] "We testify that such and such a man is liable [for a prohibition incurred] forty lashes" and are found to be zomemin, 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 zuz and were found to be zomemin, 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 zomemin, each one of them incurres forty lashes.

(4) Witnesses are not considered zomemin 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 zomemin. 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 zomemin, and are executed on account of their testimony [the second pair of witnesses' testimony].

(5) If others [i.e. another pair of witnesses] come and are proven [a prior pair] to be zomemin, and [still] others come and prove them to be zomemin, 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.

(6) Witnesses [found to be] zomemin 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.

(7) "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 zomemin, so too a group of two witnesses can make a group of three witnesses zomemin. And from where do we know that a group of two witnesses can make a group of one hundred witnesses zomemin? The verse says [uses the termonolgy] "witnesses". Rabbi Shimon says: Just as two witnesses are not killed until both of them become zomemin so too three witnesses are not killed until all three of them are zomemin. 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.

(8) 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?

(9) 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 zomemin [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 interpetation: "By the mouth of two witnesses," [meaning] the court should not hear testimony from the mouth of a translator.

(10) 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 Sanhedrin 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 Sanhedrin, nobody would have ever been executed." Rabban Shim'on Ben Gamliel said: "They too would have increased violence in Israel."