(If witnesses say:) We testify about that man that he is liable to forty stripes, and they were found to be zomemin, they receive eighty stripes, because of (Exodus 20:13): "You shall not testify against your neighbor false testimony" and because of (Deuteronomy 19:19) "Then you shall do to him as he schemed to do to his brother." These are the words of R. Meir. [For since when it is not possible to satisfy in the witnesses "Then you shall do to him as he schemed" (as when they testify that one is the son of a divorcée) they receive stripes by reason of "You shall not testify" — here, where there is an exhortation of "You shall not testify," and also one of "as he schemed," he receives eighty stripes. The halachah is not in accordance with R. Meir.] The sages say: He receives only forty stripes. They "third" in money [Scheming witnesses who are liable for payment pay the money according to the number of witnesses. If they were three and they were rendered zomemin, each pays a third of the sum that they desired to impose], and they do not "third" in stripes. [Each one of the witnesses does not receive a third of the stripes, but each receives forty in order to satisfy "Then you shall do to him as he schemed." For each of the witnesses desired to impose a complete (forty) stripes on the adjudged. Money "adds up," so that when each gives a third, he receives what they wished to make him liable to among all of them; but stripes does not "add up."] How so? If they testified about him that he owes his neighbor two hundred zuz and they were found to be zomemin, they "third" among them. But if they testified against him that he is liable to forty stripes, and they were found to be zomemin, each one of them receives forty stripes.
Bartenura on Mishnah Makkot
Because you shall not bear false witness. Since behold when it is impossible to [punish] the witnesses with "do to them as they planned", for example [they say] "We testify about a certain person [kohen] that he is the son of a divorced woman, the witnesses are lashed due to "you shall not bear false witness". Here [in this case], where there is warning against "you shall not bear false witness" and also "as they planned", they are lashed 80 [times]. The halacha is not like Rabbi Meir.
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English Explanation of Mishnah Makkot
Introduction
Mishnayoth three continues to discuss the laws of perjuring witnesses.
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Bartenura on Mishnah Makkot
They pay with money. The zommemin that are obligated in with [their attempt] to cause payment, pay the money according to the number of the witnesses. If it was three witnesses and they were made zommemin, each one pay a third of the [total] money that they wanted to cause him [the person they are testifying about] to lose.
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English Explanation of Mishnah Makkot
[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.” This section is actually a continuation of the dispute between Rabbi Meir and the Sages begun in mishnah two. According to Rabbi Meir one can receive eighty lashes for one false testimony, forty for violating the commandment in Exodus and forty for trying to impose forty lashes upon the accused, the violation mentioned in Deuteronomy. According to the Sages, since this was only one act he can receive only one punishment, namely forty lashes, as he tried to impose upon the accused.
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Bartenura on Mishnah Makkot
Lashes are not divided. It's not that each of the witnesses are lashed a portion of the [total number of] lashes, rather each one is lashed 40 [times]. This is because we need "do to them as they planned", and each one sought to have the accused lashed a full amount. [However] money is combined [after being divided], when each of the witnesses gives their portion, behold he [the accused] receives what they sought to make him lose, however lashes are not combined.
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English Explanation of Mishnah Makkot
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 one 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 who perjure themselves in a monetary case are punished by a fine equal to the financial loss they tried to impose upon the accused. In this type of case the witnesses may share the burden of the financial penalty. For instance if they lied with regards to two hundred zuz, each witness will compensate the accused one hundred zuz. If, however, they lied in a case involving lashes, the witnesses do not share the lashes. Rather each witness receives the number of lashes that they attempted to impose upon the accused.
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English Explanation of Mishnah Makkot
Questions for Further Thought: • Section one: What is the connection between the dispute in mishnah three and the dispute that we learned yesterday in mishnah two? • Section two: Why do you think that the witnesses may share the financial penalty but not share the lashes?
