Commentaire de citation sur Le Deutéronome 19:18

היו בודקין אותו – After they had forewarned them, they would examine/investigate them in seven examinations, corresponding to seven expressions, as it is said in the Bible regarding those liable to the death penalty at the hands of the Jewish court (Deuteronomy 13:15): “You shall investigate and inquire and interrogate thoroughly…” These are three (i.e.ודרשת וחקרת ושאלת היטב ) But, [the word] "ושאלת" (you shall interrogate) is not part of the number for from it, we learned "בדיקות" /cross-examinations of witnesses as to minor circumstances. But in another place, He (i.e., God) says (Deuteronomy 17:4): “And you have been informed or have learned of it, then you shall make a thorough inquiry…” There are two others [here] – hence you have five. And in another place, He (I.e., God) says (Deuteronomy 19:18): “And the magistrates shall make a thorough investigation…” [which are] two more, hence you have seven.

[If they say]: “We testify that so and so owes his friend two hundred zuz”, and they are found to be perjurers, they are flogged and ordered to make restitution, because the count which brings upon them the flogging is not the count that brings upon them the necessity to make restitution, these are the words of Rabbi Meir.
But the Sages say: “Anyone who makes restitution is not flogged.”
This mishnah discusses the punishment for a perjuring witness in a financial case.
There is a principle in Jewish law that one cannot receive two penalties for one crime. By testifying falsely a person is committing two crimes that theoretically carry with them two different penalties: 1) flogging for transgressing the commandment against false testimony (Exodus 20:13); 2) compensation for whatever financial loss he tried to impose upon his fellow (Deuteronomy 19:18-19). According to Rabbi Meir, since these are two different crimes categorized in two different Biblical verses, a person can be punished by both being flogged and having to make financial restitution, in this case 200 zuz. However, according to the Sages, anyone who makes restitution cannot be flogged. In this case the perjuring witnesses would pay the 200 zuz and would not be flogged.

Until they themselves are zommemized. That you zommemize them regarding their own [testimony] matters, and not the matters regarding the murderer and the murdered one, as it will go to explain. We derive this from the verse as it is written (Deuteronomy 19:18) "And behold the witness is a false witness", [this teaches us that they are not zommemized] until you falsify their status as witnesses.

ודרשת וחקרת ושאלת היטב THEN SHALT THOU INQUIRE, AND MAKE SEARCH, AND ASK DILIGENTLY — From here — from the variety of expressions denoting inquiry in this verse — they (the Rabbis) derived the law of investigating capital cases by means of seven investigations” (referring to date, time and place). in the following manner: here (in our verse) there occur three expressions relating to inquiry, viz., ודרשת, וחקרת and היטב — the expression ושאלת does not come into account, because from it they derived בדיקות, the examination referring to accompanying circumstances, — and in another passage (Deuteronomy 19:18) it states, “and the judges shall enquire diligently (ודרשו השופטים היטב)”, and still in another passage (Deuteronomy 17:40) it states, “and thou shalt inquire diligently (ודרשת היטב)" — thus altogether seven expressions. — And although they are used in connection with different cases they learned by way of analogy (ג"ש) of the term היטב used here and in the passages quoted that it is intended to apply what is stated in one case to the others also (Sanhedrin 40a; cf. Sifrei Devarim 93:6).