How are the witnesses intimidated [not to testify falsely] in capital cases? They would bring them in and intimidate them, viz.: Can it be that you are testifying (illegally) by conjecture or through hearsay, "witness from witness" (and not from direct observation), or (even) from a reliable person? Can it be that you do not know that we are going to cross-examine you thoroughly? Know that capital cases are not like monetary litigations. In monetary litigations, [where one testifies falsely to make another financially liable], he makes financial restitution and he is forgiven; but in capital cases, his (victim's) blood and the blood of his (unborn) descendants are on his head until the end of time. For thus do we find with Cain, who killed his brother, viz. (Genesis 4:10): "The voice of your brother's bloods cries out to Me": It is not written "your brother's blood," but "your brother's bloods" — his blood and the blood of his children. (Another interpretation: "your brother's bloods" — his blood was bespattered on trees and stones). It is for this reason that man was created singly [to show that the entire world proceeded from one man] — in order to teach that if one causes a single Jewish soul to go lost, Scripture accounts it to him as if had caused an entire world to go lost; and if one sustains a single Jewish soul, Scripture accounts it to him as if he had sustained an entire world. And (man was created singly) for the fostering of peace, that one not say to his neighbor: "My father (i.e., my original ancestor) was greater than yours," and that the heretics not say: "There are many deities in heaven," [each creating man in its own image], and to declare the greatness of the Holy One Blessed be He; for man mints many coins from one die, and they are all the same, but the King of kings, the Holy One Blessed be He, mints every man from the die of the first man, and none of them is the same as his neighbor — for which reason every man must say: "For my sake was the world created!" And lest you (the witnesses) say: "What need have we of this trouble!" [to enter into this worry (by testifying) even truthfully] — Is it not already written (Leviticus 5:1): "And he is a witness, or saw, or knew — if he does not tell, then he shall bear his sin!" [so that you must testify to what you have seen.] And lest you say: "Why have this one's (the defendant's) blood on our head?" [i.e., It is better to stand in (violation of) "if he does not tell"] — it is already written (Proverbs 11:10): "In the destruction of the wicked is joy," [so that if he is wicked, there is no sin (in testifying against him) at all.]
Ikar Tosafot Yom Tov on Mishnah Sanhedrin
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Bartenura on Mishnah Sanhedrin
מאיימין על העדים – that they will not testify falsely
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English Explanation of Mishnah Sanhedrin
Introduction
Our mishnah begins with a description of the warning that the judges would give to the witnesses in a capital case. The mishnah then continues with a discussion of the uniqueness of every human being and the consequential extreme severity of capital punishment.
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Bartenura on Mishnah Sanhedrin
מאומד – that the opinion inclines that it is so.
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English Explanation of Mishnah Sanhedrin
How did they admonish witnesses in capital cases? They brought them in and admonished them, [saying], “Perhaps you will say something that is only a supposition or hearsay or secondhand, or even from a trustworthy man. Or perhaps you do not know that we shall check you with examination and inquiry? Know, moreover, that capital cases are not like non-capital cases: in non-capital cases a man may pay money and so make atonement, but in capital cases the witness is answerable for the blood of him [that is wrongfully condemned] and the blood of his descendants [that should have been born to him] to the end of the world.” The mishnah begins with an exhortation made by the judges to the witnesses before they testify. The judges warn the witnesses of the severity of their testimony and they warn them that secondhand testimony, even if it was heard from a reliable source is inadmissible. The judges also remind the witnesses that they will be examined carefully. The judges then warn the witnesses that the consequences of executing a wrongfully accused person are extremely serious and indeed eternal. By testifying falsely against a person and thereby leading to his execution the witness is not only killing the accused himself, but is in essence eliminating all of his future descendants.
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Bartenura on Mishnah Sanhedrin
דיני ממונות – if he testified to obligate this one for money which is not according to the law, we cause him return it (i.e., the money) and he is forgiven.
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English Explanation of Mishnah Sanhedrin
For so have we found it with Cain that murdered his brother, for it says, “The bloods of your brother cry out” (Gen. 4:10). It doesn’t say, “The blood of your brother”, but rather “The bloods of your brother” meaning his blood and the blood of his descendants. Another saying is, “The bloods of your brother” that his blood was cast over trees and stones. The mishnah proves its point, that killing one person is like killing all of his future descendants, by using a midrash on God’s words to Cain after he killed Abel, “The bloods of your brother call out”. The midrash is based on the fact that God uses the plural “bloods” instead of blood. This is to teach us that Cain killed not only Abel but all of Abel’s descendants as well. The mishnah then proceeds with an additional interpretation of “the bloods”. According to this interpretation God uses the plural because Abel’s blood was strewn in many places. This last note is obviously a late gloss interpolated into the mishnah.
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Bartenura on Mishnah Sanhedrin
לפיכך נברא יחידי – to show you that from one person the fulness of the world is settled [by humans].
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English Explanation of Mishnah Sanhedrin
Therefore but a single person was created in the world, to teach that if any man has caused a single life to perish from Israel, he is deemed by Scripture as if he had caused a whole world to perish; and anyone who saves a single soul from Israel, he is deemed by Scripture as if he had saved a whole world. Again [but a single person was created] for the sake of peace among humankind, that one should not say to another, “My father was greater than your father”. Again, [but a single person was created] against the heretics so they should not say, “There are many ruling powers in heaven”. Again [but a single person was created] to proclaim the greatness of the Holy Blessed One; for humans stamp many coins with one seal and they are all like one another; but the King of kings, the Holy Blessed One, has stamped every human with the seal of the first man, yet not one of them are like another. Therefore everyone must say, “For my sake was the world created.” The mishnah now proceeds with four different reasons why God at first created only one human being. The first reason is that it was meant to teach us that one human being is in and of himself or herself an entire world. Therefore, one who kills another person it is as if he destroys an entire world and one who saves another person it is as if he saves an entire world. [This line may be familiar from the beginning of Schindler’s List. It is probably one of the more famous lines in the Mishnah]. The second reason is so that people will not brag about their lineage. Since we all come from the same person, no one can say “my father is greater than yours.” The third reason is to prove to the heretics that there is only one God. If more than one person had been originally created people might claim that each God created his own human being. The fourth reason is to show the greatness of God, that although God created only one human, and each subsequent person is therefore stamped with Adam’s genes, no two people look or are alike. This teaches us that each person must say that for his/her sake the world was created.
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Bartenura on Mishnah Sanhedrin
רשויות הרבה – There are many gods and each one created his own [world].
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English Explanation of Mishnah Sanhedrin
And if perhaps you [witnesses] would say, “Why should we be involved with this trouble”, was it not said, “He, being a witness, whether he has seen or known, [if he does not speak it, then he shall bear his iniquity] (Lev. 5:1). And if perhaps you [witnesses] would say, “Why should we be guilty of the blood of this man?, was it not said, “When the wicked perish there is rejoicing” (Proverbs 11:10).] Finally, the mishnah returns to the exhortation that the judges give to the witnesses. After having warned them of the dire consequences of false testimony there is fear that they will not want to testify at all. Therefore they remind the witnesses that one who truly knows testimony and does not bring it to the court is considered to be a sinner. According to the Torah a person has a religious obligation to testify if he has seen a crime. Finally, although the Jewish law abhors the wrongful execution of a person, the rightful execution improves the world. By testifying faithfully against a person who has truly committed a crime, the witnesses are bringing much needed justice into the world.
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Bartenura on Mishnah Sanhedrin
מה לנו ולצרה הזאת – to put our heads in this worrisome activity, and even on the truth.
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Bartenura on Mishnah Sanhedrin
והלא כבר נאמר הוא עד – and you are obligated to state what you have seen.
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Bartenura on Mishnah Sanhedrin
ושמא תאמרו מה לנו לחוב – to become liable for the blood of this one. It is more pleasant for us to stand without having to tell.
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Bartenura on Mishnah Sanhedrin
הרי הוא אומר ובאבוד רשעים רנה – and if he is wicked, there is no further transgression at all.
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Ikar Tosafot Yom Tov on Mishnah Sanhedrin
...11 - 'For me, etc' - As if to say, "I am as important as a whole world" ...
