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MAKOS 5
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SUMMARY

1. If Edim Zomemim are found liable to pay money, they split the payment between them. If they are liable for Malkus, they each receive the full thirty nine lashes.
 
2. If two people testify that the alleged victim or murderer was with them, in a different place, at the time of the alleged murder -the original witnesses do not become Zomemim.
 
3. Witnesses testify that a murder took place on the east side of a mansion. Other witnesses testify that the first pair of witnesses were with them, at the time of the alleged murder, on the west of the mansion. If one side of the mansion cannot be seen from the other side, the first pair become Edim Zomemim.
 
4. Witnesses testify that a murder took place in the morning in Sura, and other witnesses testify that the first pair of witnesses were with them in the afternoon in Neharde'a. If it takes longer than that amount of time to travel from Sura to Neharde'a, the first pair becomes Zomemim.
 
5. If witnesses testify that a person is Chayav Misah or a Knas and two other witnesses testify that the witnesses were with them in a different place at that time even if they acknowledge that the person was Chayav Misah or a Knas at a different time they are Zomemim.
 
6. Witnesses testify that a person is Chayav Misah or Kenas. Two other witnesses testify that the first witnesses were with them in a different place at that time. However, the second pair acknowledges that the alleged perpetrator was sentenced to Misah or Kenas prior to the testimony of the first witnesses. In such a case, the first witnesses are not Zomemim.
 
7. If two witnesses are Mazim more than one set of witnesses who testified the same testimony, there is a disagreement if the Mazimim are believed.
 
8. If a person brings more than two sets of witnesses to Beis Din and both sets turn out to be liars, there is a disagreement if we believe any other witnesses that the person brings.
 
9. Witnesses are only punished with ka'Asher Zamam if there was a Gemar Din, but it was not yet carried out.
 
10. Regarding the laws of Edim Zomemim, there is no difference whether there were two witnesses or more than two.

A BIT MORE

1. Rava explains that if the witnesses divide the payments between them, it is a fulfillment of Ka'asher Zamam, because when the money is combined it is a complete payment. However, if the witnesses receive less than the full 39 lashes, it is not a fulfillment of Ka'asher Zamam because the lashes cannot be combined.
 
2. The Beis Din no longer relies on their testimony, since two other witnesses contradict them. Nevertheless, they are not punished with Ka'asher Zamam. Witnesses are punished with Ka'asher Zamam only when other witnesses testified that the first witnesses were with them in a different place at the time the murder took place, according to their claim.
 
3. Even though witnesses with extraordinary eyesight would have been able to see from one side to the other, they still are Zomemim and we are not concerned for the possibility that they had extraordinary eyesight.
 
4. Even though witnesses with a very fast camel would have been able to travel from Sura to Neharde'a in a very short time, they still are Zomemim and we are not concerned for the possibility that they had a very fast camel.
 
5. Even if the subject of their testimony was Chayav Misah or Kenas prior to the testimony of the first witnesses, the witnesses are Zomemim. The defendant could have admitted his liability and thereby exempted himself.
 
6. According to the testimony of the second set of witnesses, the Gemar Din was pronounced after the first set of witnesses claimed he was Chayav. Since the Gemar Din occurred prior to their actually testimony, they are exempt, because he was already Chayav.
 
7. According to the Rabanan, they are believed to be Mazim one set of witnesses after the other. Rebbi Yehudah maintains that they are believed to be Mazim only one set of witnesses and no more.
 
8. Reish Lakish maintains that we no longer believe the witnesses the person brings, because he is Muchzak to bring false witnesses. Rebbi Yochanan says that even though he is Muchzak to bring false witnesses, we do not suspect others to testify falsely, and thus we believe the subsequent witnesses that he brings.
 
9. If the subject of their testimony has already been put to death before they became Zomemim, they are exempt. Even though a Kal va'Chomer should teach that if they are put to death when their victim was not actually executed, then certainly they should be put to death when their victim was already executed, there is a rule that no punishment may be administered on the basis of a Kal va'Chomer.
 
10. Rebbi Shimon says that just as two witnesses would not become Zomemim unless both were proven to be Zomemim, the same applies when there are more than two witnesses. None of the witnesses are punished unless all are found to be Zomemim. Rebbi Akiva says that when one of two witnesses was found to be a relative or Pasul, the testimony is not valid. The same applies even when there are more than two witnesses.

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