וְדָרְשׁ֥וּ הַשֹּׁפְטִ֖ים הֵיטֵ֑ב וְהִנֵּ֤ה עֵֽד־שֶׁ֙קֶר֙ הָעֵ֔ד שֶׁ֖קֶר עָנָ֥ה בְאָחִֽיו׃
재판장은 자세히 사실하여 그 증인이 위증인이라 그 형제를 거짓으로 무함한 것이 판명되거든
Jerusalem Talmud Sanhedrin
MISHNAH: Money matters1Not only litigation involving loans, inheritances, gifts, or real estate, but also distribution of public funds (cf. Mishnah Peah 8:7). are judged by three [judges]; robberies2Including fraud. and injuries3Inflicted on humans. by three [judges], damages4Caused on living or inanimate property., half damages5Caused by somebody’s animals (cf. Mishnaiot Bava qamma 1:4–5)., double restitution6To be paid by the thief of inanimate objects, Mishnah Bava qamma 7:1. The thief of livestock pays quadruple or quintuple restitution. quadruple and quintuple restitution. The rapist7Who has to pay under four different categories (Mishnah Ketubot 4:1)., the seducer8Who has to pay under three different categories., and the calumniator9Who accuses his wife not to have been a virgin (Deut. 22:13–19). are judged by three [judges], the words of Rebbi Meïr; but the Sages say that the calumniator is judged by 23 because it might be a capital case10Since the woman is stoned if the husband’s accusation is proved correct (Deut. 22:20–21) and the biblical text implies that the court which might sentence the husband to a fine is the one which might pass a death sentence, the case has to be tried in a tribunal empowered to try capital cases.
According to rabbinic principles, Deut.22:13–21 cannot refer to a husband accusing his wife of not being a virgin since 1° by marriage, the husband became his wife’s relative and relatives are barred from appearing as witnesses; his case could not be heard. 2° there is no verse threatening a woman with death if she married when not a virgin. Therefore, the rabbinic interpretation of the paragraph is that the husband presents witnesses to the fact that his wife committed adultery while preliminarily married to him. A preliminarily married woman is married in respect to criminal but not civil law (cf. Introduction to Tractate Qiddušin).
Another aspect of criminal law in this case is the law of perjury, Deut. 19:18–19. Since the husband’s witnesses intended to have the woman stoned, if they are shown to be perjured they themselves are stoned. Therefore, the case may be heard only in a court competent to impose death sentences..
According to rabbinic principles, Deut.22:13–21 cannot refer to a husband accusing his wife of not being a virgin since 1° by marriage, the husband became his wife’s relative and relatives are barred from appearing as witnesses; his case could not be heard. 2° there is no verse threatening a woman with death if she married when not a virgin. Therefore, the rabbinic interpretation of the paragraph is that the husband presents witnesses to the fact that his wife committed adultery while preliminarily married to him. A preliminarily married woman is married in respect to criminal but not civil law (cf. Introduction to Tractate Qiddušin).
Another aspect of criminal law in this case is the law of perjury, Deut. 19:18–19. Since the husband’s witnesses intended to have the woman stoned, if they are shown to be perjured they themselves are stoned. Therefore, the case may be heard only in a court competent to impose death sentences..
Jerusalem Talmud Makkot
MISHNAH: Plotting witnesses cannot be executed unless judgment was rendered, for the Sadducees say, unless he was executed, for it says, a life for a life38This is a misquote. It should be בְּנֶ֗פֶשׁ נֶ֣פֶשׁ (Deut. 19:21), not נֶפֶ֭שׁ תַּ֥חַת נָֽפֶשׁ (Lev. 24:18) which applies to an animal.. The Sages told them, was it not already said, do to him as he plotted to do to his brother39Deut. 19:19. It says “he plotted”, not “he did”. This implies that the plot was discovered before it succeeded., does this not imply that his brother is alive? Then why does it say, a life for a life? I could think that they would be executed once they had testified, but the verse says, a life for a life; i. e., they cannot be executed unless judgment was passed40The court might not believe the witnesses even if no formal perjury was proved. Then the testimony becomes irrelevant and cannot be sanctioned. If no sentence had been passed on the accused, it is impossible to sentence the witnesses to the same penalty..
Jerusalem Talmud Ketubot
“I came to her and did not find her a virgin83Deut. 22:14..” Should we not worry that he found and made disappear84It is difficult to accept that the court should take the case simply on the husband’s statement, in particular because the husband cannot be cross-examined as a witness since he is related to his wife and relatives are barred from being witnesses.? The husband brought witnesses that she committed adultery while in her father’s house. “This is proof of my daughters virginity.85Deut. 22:17. The father also is barred from being a witness in a case involving his daughter.” Should we not worry that this is bird’s blood? The father brought witnesses to prove perjury by the husband’s witnesses86The case is a regular criminal case to be adjudicated following all rules of criminal procedure; the only new feature is the punishment inflicted on the husband if his case is not sustained in court.
In talmudic law, there are unreliable witnesses and there are perjurers. If the story of the witnesses does not hold up under cross-examination, or if the witnesses’s story is contradicted by equally trustworthy witnesses, the witnesses are unreliable and their testimony is not accepted as basis of a judgment. Perjury with its attendant penalties (Deut. 19:18–20) only is impossible testimony, i. e., that the opposing party produces witnesses to testify that the other witnesses could not possibly have seen what they testify to since they were at another place at the time they pretend to have seen certain things.. Rebbi Yose ben Rebbi Abun said, in this paragraph there are witnesses, witnesses of perjury, and witnesses of perjury of the witnesses of perjury: The husband says, these are witnesses that she whored in her father’s house. The father brought witnesses to prove perjury of the husband’s witnesses. Rebbi Yose ben Rebbi Abun said: The father brought witnesses to prove perjury of the husband’s witnesses. And the husband brought witnesses to prove perjury of the father’s witnesses. Some Tannaïm state: “If this was true,” that the father found witnesses to prove perjury of the husband’s witnesses87The penalties mentioned in this paragraph can only be imposed if the case is one of proven formal perjury..
In talmudic law, there are unreliable witnesses and there are perjurers. If the story of the witnesses does not hold up under cross-examination, or if the witnesses’s story is contradicted by equally trustworthy witnesses, the witnesses are unreliable and their testimony is not accepted as basis of a judgment. Perjury with its attendant penalties (Deut. 19:18–20) only is impossible testimony, i. e., that the opposing party produces witnesses to testify that the other witnesses could not possibly have seen what they testify to since they were at another place at the time they pretend to have seen certain things.. Rebbi Yose ben Rebbi Abun said, in this paragraph there are witnesses, witnesses of perjury, and witnesses of perjury of the witnesses of perjury: The husband says, these are witnesses that she whored in her father’s house. The father brought witnesses to prove perjury of the husband’s witnesses. Rebbi Yose ben Rebbi Abun said: The father brought witnesses to prove perjury of the husband’s witnesses. And the husband brought witnesses to prove perjury of the father’s witnesses. Some Tannaïm state: “If this was true,” that the father found witnesses to prove perjury of the husband’s witnesses87The penalties mentioned in this paragraph can only be imposed if the case is one of proven formal perjury..