Mishnah
Mishnah

Halakhah for Sanhedrin 5:4

וְאַחַר כָּךְ מַכְנִיסִין אֶת הַשֵּׁנִי וּבוֹדְקִין אוֹתוֹ. אִם נִמְצְאוּ דִבְרֵיהֶם מְכֻוָּנִין, פּוֹתְחִין בִּזְכוּת. אָמַר אֶחָד מִן הָעֵדִים יֶשׁ לִי לְלַמֵּד עָלָיו זְכוּת, אוֹ אֶחָד מִן הַתַּלְמִידִים יֶשׁ לִי לְלַמֵּד עָלָיו חוֹבָה, מְשַׁתְּקִין אוֹתוֹ. אָמַר אֶחָד מִן הַתַּלְמִידִים יֶשׁ לִי לְלַמֵּד עָלָיו זְכוּת, מַעֲלִין אוֹתוֹ וּמוֹשִׁיבִין אוֹתוֹ בֵינֵיהֶן, וְלֹא הָיָה יוֹרֵד מִשָּׁם כָּל הַיּוֹם כֻּלּוֹ. אִם יֵשׁ מַמָּשׁ בִּדְבָרָיו, שׁוֹמְעִין לוֹ. וַאֲפִלּוּ הוּא אוֹמֵר יֶשׁ לִי לְלַמֵּד עַל עַצְמִי זְכוּת, שׁוֹמְעִין לוֹ, וּבִלְבַד שֶׁיֵּשׁ מַמָּשׁ בִּדְבָרָיו:

And then the second one is brought in and he is examined. If their words coincide, [so that they must now deliberate on the matter] they (beth-din) open with "merit." ["If you did not transgress, do not fear."] If one of the witnesses says: "I have something to say in his favor," or one of the disciples: "I have something to say against him," he is silenced. [("I have something to say in his favor":) even in his favor, and, it goes without saying that he is silenced if he (a witness) says: "I have something to say against him," viz. (Numbers 35:30): "And one witness shall not testify" — both for acquittal or for conviction. ("one of the disciples":) sitting before the judges. (If he says:) "I have something to say against him," he is silenced, it being written (Ibid.): "One shall not testify in a man to kill him" — "to kill him he does not testify," but he does testify in his favor.] If one of the disciples said: "I have something to say in his favor, he is brought up (to the judges) and placed among them, and he does not descend thence the entire day, [even if there is no substance to his words; but if there is substance to his words, he never descends thence.] If there is substance to his words, he is heeded. And even if he [the accused] says: "I have something to say in my favor," he is heeded, so long as there be substance to his words.

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