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how do the witnesses become conspiring we testify on a certain man on a certain man that he is the son of a divorcee or the son of a Chalutza donít say make them the son of a divorcee or the son of a Chalutza instead of him but get lashes we testify about a certain man that he is deserving of exile donít say this one should go into exile instead but gets lashes how do the witnesses become Zommin etc. in the Gemara it will explain what was said a certain man a Kohen that he is the son of a divorcee in front of us his mother was divorced his mother was divorced before he was born and he is a Chalall and is Pasul donít say if they became Zommin and they are Kohanim make them the son of a divorcee or Chalutza to fulfill in him but he gets lashes and the gemara will explain the reason that they are deserving of exile that they killed someone someone accidentally this is the correct text How How do witnesses not become Zommin it should say and further more it says further on but they ( the Mezamin) say to them (the Zommin) how can you testify but on that day you were with us in a certain place these are zommin the Tanna is going on over there (at the end of Sanhedrin) all zommin get the same death (that they conspired) except the zommin of a bas-Kohen and her boel that they donít get that death but a different death and there are different eidim zommin that we donít do with them at all but they get lashes they get lashes how we testify about a certain man that he is the son of a divorcee or the son of a Chalutza donít say make them the son of a divorcee or the son of a Chalutza instead of him but get lashes from where do we know these words Rabbi Yehoshua the son of Levi says the Pasuk says Rabbi Yehoshua the son of Levi says And you shall do to him like he conspired to him and not to his children and make him Pasul and donít make his children pasul the son of Pada says a Kal V'Chomer and just like someone who makes Challalim (i.e. marries a divorcee or a Chalutza) does not become a challel one who tries to make a challel (i.e. testify that someone is one) and doesnít make a challal (i.e. becomes zommin) the law should be that he is not a challel Ravina asked him Ravina asked him if so you nullified the parsha of eidim zommin how do witnesses not become zommin it should say and further more that it says further on but say to them etc. how do witnesses not become zommin it should say that this doesnít fulfill in it and further on we testify about a certain man that he is the son of a divorcee or the son of a chalutza donít say etc. it is a wonder since that if they become zommin you canít make the son of a divorcee or a chalutza if so even if he didn't become zommin except for how make by their testimony a son of a divorcee why the zommin of the Tanna asks the Tanna asks it says further on it says further on how does the law of zommin work? like it says further on in our mishna how can you testify this testimony and were you not and were you not with us on that day etc. is continuing from there from Sanhedrin he is continuing like we learned in the perek of Eilu Hain Ha'Nechnakin #(these are the ones who get choking) that is the end of Sanhedrin that there are eidem zommin but it is it is the truth and why It is testimony because you can't make them Zommin And this is not Eidus and you could say since he gets lashes it is [fulfilling the pasuk of] like they conspired and it is good (able) you can to make zommin and there is a question that if so what dies it mean [in the]Chapter[of] by that we do part from the law of Zommin like we learn in a mishna all of the zommin get that death like it says they donít to expect another death but they get that death that that we do in it the law of the defendant the daughter of a kohen only Nisuin was done that even though her judgment was passed for burning by their testimony [if they become zommin] they get cheneck like we learn out over there she gets burned and not her Boel gets burned but with choking like any other wife of a man and the zommin get the death the tried to be mechayev the boel like it says like the conspired to do to his brother [and we learn out] not to his sister and say here further more there are other Eidem Zommin that we don't fulfill in them the law of zommin at all but lashes and it continues and explains how are there witnesses are there witnesses that we donít fulfill in them the law of zommin and not to his children and if you make a challel and he is a kohen you made passul his decedents forever we need to fulfill kasher zammam and we don't we need the pasuk of kasher zamam the pasuk of kasher zamam and he is conspiring to make the defendant passul and his decedents someone who makes Challalim (i.e. marries a divorcee or a Chalutza) does not become a challel a kohen who marries a divorcee makes his decedents challalim make his decedents challalim he doesnít himself become a challel from being a kohen one who tries to make a challel (i.e. testify that someone is one) and doesnít make a challal (i.e. becomes zommin) a witness who is zommin who wanted to make a challel and doesnít make them challalim the law should be etc. if so if you come to learn this kal vechomer in eidim zommin you nullified the torah of the zommin the witnesses of the case of a naarah meurasah we testify about a certain man that he is deserving of exile that he is deserving of exile and if you say how are they able to make him deserving of exile by their testimony and how can they say we did it on purpose like we said by eating forbidden fats in the first chapter of bava metzia and you could say that she doesnít get killed that she doesnít get killed because they wouldn't be killed because they could say we came to asur her on her husband we came to asur her on her husband and it is testimony that you can't make zommin testimony that you can't make zommin and how can you say this and anyway they are getting lashes and you could say that over there because they came to make them get killed to make them get killed and they conspired to kill we can't fulfill kasher zammam with lashes we can't fulfill kasher zammam with lashes because it is openly written because it is openly written a life for a life a life for a life by testimony for a life and you can't do zommin with lashes but here that they only intended to make a son of a divorcee or the son of a chalutza that they only intended to make a son of a divorcee or the son of a chalutza because it is only a regular negative commandment because it is only a regular negative commandment because they get lashes it is good it is good testimony that can be zommin or you could say that by the testimony of the son of the divorcee or chalutza we don't use the rule of they have to be able to become zommin we don't use the rule of they have to be able to become zommin because we learn out this rule of testimony that they can't become zommin of testimony that they can't become zommin from kasher zammam and we explain in the gemara and we explain in the gemara that kasher zammam isn't written by testimony of a son of a divorcee or son of a chalutza by testimony of a son of a divorcee or son of a chalutza and we don't use this rule for it and we don't use this rule for it why didn't it say why didn't it say we testify about a certain man that he is a mamzer etc. that this is applicable for a yisrael (non-kohen) for a yisrael (non-kohen) and for kohanim but a son of a divorcee only makes kohanim pasul only makes kohanim pasul and you could answer that it said it because there (in the end of Sanhedrin) it has the case of zommei bas kohen like we learn in the gemara because there (in the end of Sanhedrin) it has the case of zommei bas kohen like we learn in the gemara and so we continue with things applicable to kohanim it is good because there are mitigating circumstances like when the axe head flew off the axe and you could say and you could say that he didn't intend to do it but we have a question from what we learn in the chapter of eilu hein hagoalin that one who hates doesnít go into exile all zommin expect that death Rashi explains but here by the case of naarah meurasah we definitely use kasher zammam for it we definitely use kasher zammam for it because if they warned her they get killed for being zommin they get killed for being zommin and this is if they were not zommin and this is if they were not zommin therefore the rule of ata yachol lehazima applies the rule of ata yachol lehazima applies and you could ask he is only when someone who doesn't hate would go into exile and why doesnít he go into exile? since there are mitigating circumstances and you could say that one who hates is different because we could say he killed him out of hatred and furthermore you could say they can't escape their fate and there is a question because what is this coming to teach us it is obvious and it is explained in Kesuvos that we want to say and further more like it says further on Rashi explains but it says further on etc. (how they become zommin) and you could also explain and if you can say it means hazama it can't be that you are forced to say that it is good because there are no mitigating circumstances and now we can learn it from the of someone that hates and in all cases someone who doesnít hates goes into exile for example if he was quiet when the witnesses said to him for sure if he said I didn't kill him he could answer but on purpose but since he was quiet it is like he admitted we learn that we don't delay the verdict we learn that we don't delay the verdict and we also have a question on this because what does this come to teach us? it is obvious so the Ri explains this is what we learn out: for sure you kill them with the death they conspired to give but here if you aren't able if you aren't able even here kill them any way you can like we learn in a mishna hit you should hit and we have a question because we said in perek nigmar hadin that a murderer and a goel adam and a goel adam are 2 pesukim that come as one #(so we learn that what applies to one, applies to the other) and it is also a question in the tosefta but zommin that you can't kill with the death that was prescribed for them with the death that was prescribed for them you can kill them with any death and you can learn it out from the pasuk of veiarta harah mekeirbecha and why is this? a murderer and a goel adam are 2 pesukim that come as one and Harav Yosef answers and Harav Yosef answers a murderer and a goel adam are 2 pesukim that come as one for not learning other deaths from them to kill them even with a deaths that is not one of the 4 deaths that beis din usually uses but from the 4 deaths that beis din usually uses it is obvious it is like all other death penalties the zommin of a bas kohen and her boel that they don't get that death but a different death her boel because we learn out she and not her boel and the zommin of a bas kohen like it says that we learn out to his brother and not to his sister and if you say why do I need to learn the pasuk and not to his sister of to his brother we could learn it out we could learn it out that we learn out like we learn she desecrated her father she and not her boel she and not her zommin and I might think since and the zommin came to make her get burned except for the boel but not to exclude the zommin but because it says his brother to exclude her zommin but this is difficult because it is written his brother why do you need to exclude the zommin and I could say I would think that these words were only when the boel was a defendant were only when the boel was a defendant but if he was not a defendant by their testimony for example: if he was a minor 9 years and 1 day old or if they didn't see the boel we don't say in this case we don't say in this case to his brother here it comes to teach us differently she and not the zommin to exclude the zommin for all things and from the beginning, the Ri was in doubt about this but he figured it out from the perek of Nigmar Hadin where it says 1 death from 2 deaths for example a bas kohen and her boel or a bas kohen and the zommin of her zommin and now why do you need it to be the zommin of the zommin to learn it our because there are 2 deaths anyway even without the zommin of the zommin because of the boel because he get choking but we learn from here that he is involved for example that there is no law of death for her boel for example he was a minor like I explained and even so we say that the zommin of the zommin get choking we see that the zommin get choking even though there in no death for the boel it is talking about the law of zommin in the mishna that we said we need kasher zammam and we don't have it we have a question if they testified that he was a second-generation Egyptian because this doesnít passul because this doesnít passul his children because if they became pasul so he would be pasul and I might say any way his wife is pasul she can't marry anyone else him and not his wife and we are strengthening the first question Image Map