Makkos 5a

מכות ה׳ ע״א

Makkot 5a

Learn Makkos 5a step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Makkos 5a in Gemara Clarity

Topic

עדים זוממין: splitting punishments, what counts as הזמה, and how the timing of the sentence matters

Overview

The amud opens by finishing an earlier discussion: רבי מאיר learns הכרזה, the public announcement when עדים זוממין are punished, from the words ישמעו ויראו. A new משנה teaches that עדים זוממין split a money penalty but each one gets the full מלקות. אביי learns this from the word רשע, which links lashes to the death penalty, and רבא learns it from כאשר זמם. Next, another משנה rules that witnesses become זוממין only when the second group says 'you were with us,' not when they just contradict the event. רבי יהודה disagrees about one group making many groups זוממין. The גמרא finds the source for this rule in עד שקר and in סרה. רבא then gives cases showing that an alibi works only if the first testimony was truly impossible: we assume normal eyesight and normal travel speed. Finally, רבא teaches that זוממין are punished only if the accused had not yet been sentenced when they testified, for death penalties and for fines alike. The amud ends by quoting רבי יהודה's word איסטטית, and the discussion of it continues on the next amud.

Opening lines

The steps (29)

1. ResolutionThe verse is needed for the public announcement
2. ResponseWhere רבי מאיר learns the public announcement from
3. StatementMoney is split, lashes are not
4. StatementThe משנה gives examples of the rule
5. QuestionWhat is the source for not splitting lashes?
6. Responseאביי: lashes are like the death penalty, which cannot be done halfway
7. Responseרבא: each witness must receive what he planned to do
8. ChallengeThen money should not be split either
9. ResolutionMoney adds up, lashes do not
10. StatementThe new rule: witnesses must be attacked personally
11. StatementExample: arguing about the event is not הזמה
12. StatementExample: 'You were with us' is הזמה
13. StatementEven a hundred groups made זוממין are all executed
14. Statementרבי יהודה: this looks like a plot, so only the first group dies
15. QuestionWhere do we learn the משנה's opening rule?
16. Responseרב אדא: the testimony's 'body' must be proven false
17. ResponseThe school of רבי ישמעאל gives another source: the testimony itself must be false
18. StatementEast or west of the building: can they see from there?
19. ChallengeIsn't that obvious?
20. ResolutionWe do not worry about unusually sharp eyesight
21. Statementסורא in the morning, נהרדעא in the evening: could they travel in time?
22. ChallengeIsn't the travel-time ruling obvious?
23. ResolutionNo worrying about a flying camel
24. StatementThe murder happened on a different day: the first witnesses are still killed
25. ChallengeA משנה already teaches this
26. ResolutionThe new point: testimony after the verdict
27. StatementThe same rule applies to a fine: witnesses pay if the thief was not yet sentenced
28. StatementNo payment when the thief had already been sentenced before they testified
29. StatementBack to the משנה: רבי יהודה calls it a conspiracy