Mesorat%20hashas for Makkot 1:3

מְעִידִין אָנוּ בְאִישׁ פְּלוֹנִי שֶׁהוּא חַיָּב מַלְקוּת אַרְבָּעִים, וְנִמְצְאוּ זוֹמְמִין, לוֹקִין שְׁמֹנִים, מִשּׁוּם לֹא תַעֲנֶה בְרֵעֲךָ עֵד שָׁקֶר (שמות כ), וּמִשּׁוּם וַעֲשִׂיתֶם לוֹ כַּאֲשֶׁר זָמַם (דברים יט), דִּבְרֵי רַבִּי מֵאִיר. וַחֲכָמִים אוֹמְרִים, אֵינָן לוֹקִין אֶלָּא אַרְבָּעִים. מְשַׁלְּשִׁין בְּמָמוֹן וְאֵין מְשַׁלְּשִׁין בְּמַכּוֹת. כֵּיצַד, הֱעִידוּהוּ שֶׁהוּא חַיָּב לַחֲבֵרוֹ מָאתַיִם זוּז, וְנִמְצְאוּ זוֹמְמִין, מְשַׁלְּשִׁין בֵּינֵיהֶם. אֲבָל אִם הֱעִידוּהוּ שֶׁהוּא חַיָּב מַלְקוּת אַרְבָּעִים, וְנִמְצְאוּ זוֹמְמִין, כָּל אֶחָד וְאֶחָד לוֹקֶה אַרְבָּעִים:

(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.

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