Related%20passage for Makkot 1:1

כֵּיצַד הָעֵדִים נַעֲשִׂים זוֹמְמִין, מְעִידִין אָנוּ בְאִישׁ פְּלוֹנִי שֶׁהוּא בֶן גְּרוּשָׁה אוֹ בֶן חֲלוּצָה, אֵין אוֹמְרִים יֵעָשֶׂה זֶה בֶן גְּרוּשָׁה אוֹ בֶן חֲלוּצָה תַחְתָּיו, אֶלָּא לוֹקֶה אַרְבָּעִים. מְעִידִין אָנוּ בְאִישׁ פְּלוֹנִי שֶׁהוּא חַיָּב לִגְלוֹת, אֵין אוֹמְרִים יִגְלֶה זֶה תַחְתָּיו, אֶלָּא לוֹקֶה אַרְבָּעִים. מְעִידִין אָנוּ בְאִישׁ פְּלוֹנִי שֶׁגֵּרַשׁ אֶת אִשְׁתּוֹ וְלֹא נָתַן לָהּ כְּתֻבָּתָהּ, וַהֲלֹא בֵּין הַיּוֹם וּבֵין לְמָחָר סוֹפוֹ לִתֵּן לָהּ כְּתֻבָּתָהּ, אוֹמְדִין כַּמָּה אָדָם רוֹצֶה לִתֵּן בִּכְתֻבָּתָהּ שֶׁל זוֹ, שֶׁאִם נִתְאַלְמְנָה אוֹ נִתְגָּרְשָׁה, וְאִם מֵתָה יִירָשֶׁנָּה בַעְלָהּ. מְעִידִין אָנוּ בְאִישׁ פְּלוֹנִי שֶׁהוּא חַיָּב לַחֲבֵרוֹ אֶלֶף זוּז עַל מְנָת לִתְּנָן לוֹ מִכָּאן וְעַד שְׁלשִׁים יוֹם, וְהוּא אוֹמֵר מִכָּאן וְעַד עֶשֶׂר שָׁנִים, אוֹמְדִין כַּמָּה אָדָם רוֹצֶה לִתֵּן וְיִהְיוּ בְיָדוֹ אֶלֶף זוּז, בֵּין נוֹתְנָן מִכָּאן וְעַד שְׁלשִׁים יוֹם, בֵּין נוֹתְנָן מִכָּאן וְעַד עֶשֶׂר שָׁנִים:

How are the witnesses made zomemin? [This is the intent: Those witnesses who are found to be zomemin ("scheming"), and in whom the law of hazamah is not implemented, i.e., in whom (Deuteronomy 19:19): "Then you shall do to him as he schemed to do to his brother" cannot be satisfied, how do they become zomemin?] (If they say:) We testify about this man [a Cohein] that he is the son of a divorcée [i.e., his mother was divorced before us before he was born, and he is a challal (unfit for the priesthood)], or the son of a chalutzah, we do not say [if they were proved zomemin, and they were Cohanim], let this one be considered the son of a divorcée or the son of a chalutzah instead of him, [for it is written: "Then you shall do to him as he schemed" — to him, and not to his seed. And if you render him a challal and he is a Cohein, you have rendered his seed unfit (for the priesthood) forever. And if you say let us render him alone unfit and not his seed — we require "as he schemed to do," and this does not obtain, for he schemed to render both the adjudged and his seed unfit], but he receives forty stripes, [it being written (Ibid. 28:1): "…and they vindicate the righteous one and incriminate the wicked one, if liable to stripes be the wicked one, etc.": Now, is it because they vindicate the righteous one and incriminate the wicked one that the wicked one is liable to stripes! It is, rather, (intimated) that if witnesses incriminate one who is (really) righteous, and other witnesses come and vindicate the one who was righteous all along, rendering the (first) witnesses wicked (i.e., zomemin), then: "if liable to stripes be the wicked one" (in the event that what they intended for the righteous one cannot be done to them)]. (If they say:) We testify about this man that he is liable to exile, we do not say let them be exiled in his stead, but he receives forty stripes, [it being written (Ibid. 19:5): "…he shall flee" — he, and not his zomemin.] (If they say:) We testify about this man that he divorced his wife [before us on this and this day] and did not give her her kethubah, [and the other says: I did not divorce her and I do not owe her a kethubah] — now, either today or tomorrow, will he not give her a kethubah? [i.e., What shall they pay him? If you say the entire kethubah, might he not die or divorce her today or tomorrow, in which instance she will receive it anyway, so that they would have caused him no loss whatsoever!] (Rather) We estimate how much one would want to give for the kethubah of this woman [on the possibility that] if she is widowed or divorced, [he will receive the kethubah] and if she dies, her husband will inherit her [and he will lose the money that he gave. And it is this amount that the witnesses give to the husband.] (If they say:) We testify about this man that he owes his neighbor a thousand zuz, which he must pay within thirty days; and he says: within ten years, we estimate how much one would give to have a thousand zuz in his hand for ten years rather than for thirty days.

Explore related%20passage for Makkot 1:1. In-depth commentary and analysis from classical Jewish sources.