Komentaryong Sumisipi para sa Deuteronomio 19:16

לא תחסום verbietet eine Handlung, die durch eine körperliche Tätigkeit bewirkt wird. Auf ein Verbot, das aber nur durch ein Wort zu übertreten ist, tritt מלקות nicht ein. לאו שאין בו מעשה אין לוקין עליו. Ausgenommen sind נשבע (Schmot 20, 7) ממיר (Wajikra 27, 10) מקלל חברו בשם (Wajikra 19, 14) מוציא שם Dewarim Kap. 19, 16 – siehe unten – und) עדים זוממין. (Dewarim 23, 13) רע Schebuot 21a תוספו׳ daselbst).

“Witnesses who testified falsely [to the adultery of] a priest’s daughter, and the one who has had sexual relations with her”, for all false witnesses are led forth to meet the same death [which they sought to impose,] save witnesses who testified falsely [to the adultery of] a priest’s daughter, and the one who has had sexual relations with her. Generally, when a witness is found to have testified falsely, he is punished with the same punishment that he tried to impose on the accused (see Deuteronomy 19:16-21). We will learn about this law in greater length in the next tractate, Makkoth. Witnesses who testify falsely with regards to a priest’s daughter who committed adultery, punishable by burning, (see chapter nine, mishnah one) and the one who had relations with her, punishable by strangling, are not burned as they tried to impose on her but rather strangled as they tried to impose on him. Since with one act of false testimony they testify that she is to be burned and he is to be strangled, they (the false witnesses) are punished by the lesser of the two, which is strangling. Congratulations! We have finished Sanhedrin. It is a tradition at this point to thank God for helping us to finish learning the tractate and to commit ourselves to going back and relearning it, so that we may not forget it and so that its lessons will stay with us for all of our lives. For those of you who have learned with us the entire tractate, a hearty Yasher Koach (congratulations). You have accomplished a great deal and you should be proud of yourselves. Indeed we have now finished together four tractates of Mishnah, and are more than halfway through the entire order of Nezikin. Of course, we have much more to learn. We will begin Makkoth tomorrow!

THE IMPORTANCE OF CHARITY AND THE SUPPORT OF TORAH SCHOLARS
Translator’s note: As noted in the Introduction, the Netziv wrote a second preface to his commentary Ha’amek She’elah entitled Pesah Ha’amek, in which he discusses in depth the history of R. Ahai Gaon and his work, the She’iltos. I have included here a translation of two chapters of Pesah Ha’amek that pertain to the mitzvah of charity and supporting Talmud scholars. The Netziv used these two chapters to express his appreciation of those who enabled him to complete this work and those who supported Yeshivas Etz Hayyim.
THE IMPORTANCE OF CHARITY¹From Pesah Ha’amek, Part 2, os 9. I have omitted two introductory paragraphs of the Netziv, thanking God and his various supporters for enabling him to complete his work, Ha’amek She’elah.
Translator’s note: In this chapter the Netziv will be inferring from the laws of zomemim (people who conspire in order to give false testimony in court) the extent to which one is rewarded for assisting others in performing mitzvos. Deut. 19:16–21 states that such people must be punished with the same consequences that they had planned for their intended victim. This reciprocal punishment applies whether the testimony involves capital punishment or monetary payments. The law of reciprocal punishment only applies when the witnesses have been discredited through hazamah, in which a second set of witnesses testifies that the first set of witnesses could not have seen the incident regarding which they testified because they were somewhere else at the time.
I WOULD LIKE to provide an incentive²Literally translated as “opening.” for those who support others in the performance of mitzvos, by proving that their assistance is equal to the one who performs the mitzvah himself, so that they may find the heart to perform [this mitzvah] with much joy and generosity.

עד אחד ONE WITNESS [SHALL NOT RISE UP AGAINST A MAN FOR ANY INIQUITY] — This is the classic passage from which the general principle is derived that wherever the term “witness” (עד) occurs in the Torah, it means two witnesses, unless it specifically mentions in connection with it the word אחד (Sanhedrin 30a).

כאשר זמם [THEN SHALL YE DO UNTO HIM] AS HE HAD INTENDED TO HAVE DONE [UNTO HIS BROTHER] — as he had intended to do, but not as he has done! Hence they (the Rabbis) stated that if they (the false witnesses) have already killed (i.e. if by their evidence the defendant has already been executed) they are not put to death (Makkot 5b).