MISHNA MAKKOT
Chapter 1, Mishna 1
Introduction....
One of the most important things in Halacha is that the Beit Din (Jewish Court) needs to be able to find out the absolute truth. This is how they make sure that their judgments are truly following what Hashem wants.
This means that witnesses have to be telling the absolute truth. There is an issur of being an Ayd Sheker (lying witness). We learn this in Shemot 20:12, "Don't be a lying witness against your fellow." Of course, sometimes a witness could make a mistake. They could think they saw someone do something, and it was really someone else. Sometimes, only Hashem Himself will know if the witness who has been proven wrong simply made a mistake or intentionally lied.
However, there is a special kind of lying witnesses. These are called Aydim Zom'e'min (plotting witnesses). They testify before the Beit Din that someone did something at a particular time in place. Two other witnesses then come and say that it is impossible for them to have seen them do this, since they (the witnesses) were with them at a totally different place at that time. This is more than just making a mistake. They plotted to convict an innocent person.
(For example, let's say
Reuven and Shimon testify at Beit Din that Mr. Ploni killed Mr. Almoni at Jacobs
Field on July 4th.
Then
Yissachar and Zevulun come and say that there is no way Reuven and Shimon could
have seen that. They were with them in Chicago on July 4th.
The Beit
Din knows that this isn't a case of Reuven and Shimon making a mistake.
They plotted against Mr. Ploni! They are aydim zom'e'min!)
In general, Aydim Zom'e'min get the same punishment they tried to give their victim. In Devarim 19:19 we learn, "You should do to them what they plotted to do to their fellow..." The Midrash Halacha (Sifrei) explains that f they tried to have their victim killed, they are killed. If they tried to have their victim get makkot (lashes) then they get them. If they tried to have their victim pay money, they have to pay money.
HOWEVER, in the first part of the first Mishna of our messechet we have two exceptions. Let's see them now.....
