Chapter 1, Mishna 4
. אֵין הָעֵדִים נַעֲשִׂים זוֹמְמִין עַד שֶׁיָּזמּוּ אֶת עַצְמָן.
כֵּיצַד?
אָמְרוּ: "מְעִדִין אָנוּ בְאִישׁ פְּלוֹנִי שֶׁהָרַג אֶת הַנֶּפֶשׁ."
אָמְרוּ לָהֶן: "הֵיאַךְ אַתֶּם מְעִידִין, שֶׁהֲרֵי נֶהֱרָג זֶה אוֹ הַהוֹרֵג א הָיָה עִמָּנוּ אוֹתוֹ הַיּוֹם בְּמָקוֹם פְּלוֹנִי," אֵין אֵלּוּ זוֹמְמִין.
אֲבָל אָמְרוּ לָהֶם: "הֵיאַךְ אַתֶּם מְעִידִין, שֶׁהֲרֵי אַתֶּם הֱיִיתֶם עִמָּנוּ אוֹתוֹ הַיּוֹם בְּמָקוֹם פְּלוֹנִי," הֲרֵי אֵלּוּ זוֹמְמִין, וְנֶהֱרָגִין עַל פִּיהֶם
Aydim (witnesses) are not convicted as aydim zom'e'min (plotting witnesses) until they themselves are shown to totally lying.
QUESTION IN THE MISHNA: What does this mean?
If the witnesses says, "Mr. Ploni killed Mr. Nefesh," and then two other witnesses come and say, "How could you say that? Mr. Ploni or Mr. Nefesh was with us that day in another place!," the original witnesses are NOT considered plotters.
HOWEVER, if the two other witnesses say, "How could YOU say that? You were with us in another place on that same day!," then the original witnesses are considered plotters and are killed (since they had tried to have Mr. Ploni killed).
(The Rambam notes something
very important...
The
witnesses are NOT saying that Mr. Ploni did or did not commit murder. They
are saying that the original witnesses cannot possibly know since they weren't
there AND plotted to convict Mr. Ploni. By the way...This means that even
if other witnesses come and say Mr. Ploni is guilty, the plotters will still be
executed!)
Please click here for two questions!
