Chapter 21: The punishments for Eidim Zomimim-false witnesses

Halacha 1: Divorce-Testifying falsely regarding a divorce

• Must pay market value of Kesuba: Witnesses who falsely testified [i.e. Eidim Zomimim] that a man had divorced his wife, must pay the market value of the Kesuba document, as it would be sold for its possible redemption.
• Its value: This value is dependent on several factors, including the state of peace between the husband and wife and chance of them getting divorced, as well as of course the written value of the document.
• It is the job of the judges to evaluate its market worth based on the above factors.

Halacha 2: Loan-Testifying falsely regarding a loan

• Witnesses who falsely testified [i.e. Eidim Zomimim] that a loan was due to be paid earlier than its actual due date must pay the borrower the amount of money that a middleman would charge to arrange for a loan with that later due date.

Halacha 3: Ox-Testifying falsely regarding the damage of a ox

• Goring: Witnesses who falsely testified [i.e. Eidim Zomimim] that an ox of an individual had gored another ox, are liable to pay up until half of the damage, but not more than the value of the ox which gored.
• Eating and breaking vessels: If they falsely testified that the ox ate another persons produce or broke his vessels, then they are liable to pay the full value.

Halacha 4: Slave-Testifying falsely regarding liability to emancipate a slave

• Witnesses who falsely testified [i.e. Eidim Zomimim] that an owner punched out the tooth of his slave and blinded one of his eyes, and they are liable to pay the owner for the value of the slave as well as the value of his eye.
• Testifying in the wrong order: If the above testimony was found to be true but to have occurred in the opposite order, then the false witnesses must pay any difference in value between the loss of the tooth versus the loss of the eye, depending on the order in which they falsely testified.

Halacha 5: Adultery-Testifying falsely regarding an adulterous woman

• Sotah: Witnesses who falsely testified [i.e. Eidim Zomimim] that a woman was warned by her husband and then secluded herself with a man, are liable for receiving lashes.
• After Sotah: A witness who falsely testified that an established Sotah had intercourse with another man, he is liable to pay for the value of her Kesuba.
• Adultery: Likewise, witnesses who falsely testified [i.e. Eidim Zomimim] that a married woman had intercourse with another man, is liable to pay for the value of her Kesuba.
• No capital punishment: The above false witnesses of adultery are not liable for death being that she was not warned by them before hand, and hence she herself would not have been found liable for death even if the testimony were true.

Halacha 6: Theft-Testifying falsely regarding theft of a sheep or ox

• Paying four or five times its value: Witnesses who falsely testified [i.e. Eidim Zomimim] that a person stole a sheep or ox and then slaughtered or sold it, are liable to pay the full amount of four or five times its value.
• Two sets of false witnesses: If two sets of witnesses falsely testified regarding the above, with the first set testifying regarding the actual stealing, and the second set testifying regarding the sale or slaughtering, then the first set must pay double the value of the stolen item, while the second set must pay four or five times its value.
• One of the two witnesses is false: If only one of the two witnesses of a set were found to be false witnesses, then if this occurred in the second set of witnesses then the first set must still pay double the value, although the second set does not have to pay anything. If, however, this occurred in the first set of witnesses, then nobody has to pay anything.

Halacha 7: Real estate-Testifying falsely regarding real estate ownership

• Witnesses who falsely testified [i.e. Eidim Zomimim] regarding the ownership of a piece of real estate, must pay the real owner its full market value.
• Three years: Thus, if the witnesses testified that an individual who claims to have purchased the field has been on the field for three years, then they must pay the real owner the true market value.
• Three sets of witnesses: If there were three sets of false witnesses, one set per year, then the three sets divide the value of the field amongst themselves, and pay it to the owner.

Halacha 8: Ox-Testifying falsely regarding a habitual goring ox

• Three sets of false witnesses: Three sets of witnesses who falsely testified [i.e. Eidim Zomimim] that an ox had gored for a total of three times, each set testifying about one goring, then the three sets divide the value of the damage, and pay it to the owner.
• This, however, only applies if all three sets came to testify together in coordination, otherwise, the first two sets are exempt from payment.
• Two sets of false witnesses: If only the first two of the three sets were found to be false witnesses, then they are all exempt.

Halacha 9: Ben Sorer Umorer-Testifying falsely regarding a Ben Sorer Umorer

• Witnesses who falsely testified [i.e. Eidim Zomimim] regarding a rebellious child that he has the status of a Ben Sorer Umorer, are liable for death.
• Two sets of false witnesses: If one set of false witnesses testified regarding the child’s first act of rebelliousness [i.e. stealing money from his father and using it to buy meat] and a second set testified regarding his second act of rebelliousness [that he did it again], then the first set is liable for lashes, while the second set is liable for death.
• If, however, both sets, of four witnesses in total, testified together in coordination with the first two testifying on the first act of stealing and the second two testifying on the second act of stealing, then they are liable for capital punishment.
• Testifying falsely on a kidnapping: Witnesses who falsely testified [i.e. Eidim Zomimim] regarding a person that he had kidnapped someone and sold him, then they are liable for death of strangulation.
• If one set of false witnesses testified regarding the kidnapping and a second set testified regarding the sale of the kidnapped victim, then nonetheless both sets of witnesses remain liable for death.
• If there were no witnesses regarding the kidnapping but just regarding the sale, then no one is held liable. This applies even if witnesses later came to testify regarding the kidnapping.

Halacha 10: Motzi Shem Ra-Testifying falsely regarding an adulterous wife

• Witnesses who falsely testified [i.e. Eidim Zomimim] that a person’s fiancé was adulterous when she was engaged [i.e. Kiddushin], are liable for death.
• If the witnesses which made the above witnesses liable for death due to false testimony were themselves found to be false, then they themselves are liable for death. In this case, they must also pay money to the husband.
• Narah Meurasah: Witnesses who falsely testified [i.e. Eidim Zomimim] that a man was adulterous with a certain engaged Narah whose name they did not mention, are liable for death although not for payment to the man. If however her name was mentioned then they are also liable to pay her father.

Beastiality: Witnesses who falsely testified [i.e. Eidim Zomimim] that a man had relations with an animal, are liable for death although not for payment to the man. If however they mentioned the owner of the animal then they are also liable to pay the owner.