Chapter 1, Mishna 6
אֵין הָעֵדִים זוֹמְמִין נֶהֱרָגִין, עַד שֶׁיִּגָּמֵר הַדִּין.
שֶׁהֲרֵי הַצְּדוֹקִין אוֹמְרִים, עַד שֶׁיֵּהָרֵג, שֶׁנֶּאֱמַר "נֶפֶשׁ תַּחַת נָפֶשׁ."
אָמְרוּ לָהֶם חֲכָמִים: "וַהֲלא כְבָר נֶאֱמַר (דברים יט) 'וַעֲשִׂיתֶם לוֹ כַּאֲשֶׁר זָמַם לַעֲשׂוֹת לְאָחִיו,' וַהֲרֵי אָחִיו קַיָּם.
וְאִם כֵּן לָמָּה נֶאֱמַר 'נֶפֶשׁ תַּחַת נָפֶשׁ'?
יָכוֹל מִשָּׁעָה שֶׁקִּבְּלוּ עֵדוּתָן יֵהָרֵגוּ, תַּלְמוּד לוֹמַר, 'נֶפֶשׁ תַּחַת נָפֶשׁ,' הֵא אֵינָן נֶהֱרָגִין עַד שֶׁיִּגָּמֵר הַדִּין
The Aydim Zo'me'min are
not killed until their victim's Gmar Din (The people who they plotted
against are officially convicted by the Bet Din.).
The Tzadukkim (Saducees- who did not believe in Torah She'Ba'al Peh) said the Aydim Zo'mem'mim are killed only after their victim is executed because of their plotting testimony against him. They say this is because of the verse, "A Soul for a Soul."
The Chachamim said to them: "We already have a verse that says to do what they plotted to do to their fellow. This must be when he's still alive!"
So the Tzadukkim would
ask, "So how do you Rabbis explain the verse 'a soul for soul'?!?!?!?!?"
The Chachamim would answer, "You might have though that the plotting witnesses are killed once we accept their testimony. We need the verse, "A Soul for a Soul" to teach us that they are not punished until they have been able to have their victim sentenced by Bet Din.
(Rabbi
J says..."So you see that the Rabbis, because of Torah She'Ba'al Peh,
have a different understanding of the same verse. That is the halacha!!")
Now, please click here for a question....
