Halakhah for Sanhedrin 64:18

תניא כוותיה דאביי ורבא רבי אומר (במדבר ה, יט) אם לא שכב איש אותך ואם לא שטית וגו'

to the chamber of hewn stones.<span class="x" onmousemove="('comment',' [H], the chamber of hewn stones in the inner court of the Temple which was the home of the Great Sanhedrin. [On the refutation of Schurer's view that it was the chamber 'close to the Xystus' on the western border of the Temple Mount, v. Krauss, J.E., XII, 576.] ');">³³</span> CIVIL SUITS MAY BE OPENED EITHER FOR ACQUITTAL etc. What is said?<span class="x" onmousemove="('comment',' In opening the case for the defence. ');">³⁴</span> Rab Judah said: We speak thus to them:<span class="x" onmousemove="('comment',' Sc. the witnesses for prosecution. ');">³⁵</span> Who can tell that it is as ye say?<span class="x" onmousemove="('comment',' I.e., perhaps your evidence is false ');">³⁶</span> 'Ulla objected: But do we not thereby shut their lip?<span class="x" onmousemove="('comment',' I.e., discourage them from giving further evidence. ');">³⁷</span> — Then let them be shut! Has it not been taught: R. Simeon b. Eliezer said: The witnesses are moved from place to place,<span class="x" onmousemove="('comment',' Rashi: When they came to give evidence, the Court would decline to hear it in that place, but appoint another and at the second place, they found some reason for moving to a third and so on. ');">³⁸</span> that they<span class="x" onmousemove="('comment',' Lit., 'their minds'. ');">³⁹</span> may become confused, and withdraw [their evidence].<span class="x" onmousemove="('comment',' Tosef. Sanh. IX. ');">⁴⁰</span> What comparison is there! In that case, they are automatically repelled, whereas here, we repel them by our own act! But, said 'Ulla: We say thus: Have you [sc. the defendant] any witnesses to refute them?<span class="x" onmousemove="('comment',' The accusing witnesses, and prove them Zomemim.. ');">⁴¹</span> Rabbah demurred: Can we then open the defence of one in a manner which involves the condemnation of another?<span class="x" onmousemove="('comment',' For in a capital charge, witnesses proved Zomemim are liable to death. ');">⁴²</span> — But does this really involve his condemnation? Have we not learnt: Witnesses declared <i>Zomemim</i> are not executed unless the verdict has [already] been given!<span class="x" onmousemove="('comment',' And unless before it was carried out, they had been proved Zomemim. Consequently, if the accused is invited to produce witnesses to refute the other at this early stage of the proceedings, no question of condemnation arises. ');">⁴³</span> — I mean this: Should the defendant remain silent until the verdict is given, and then produce witnesses and refute the others, it involves their condemnation?<span class="x" onmousemove="('comment',' Hence at the very outset, he must not be invited to prove the accusing witnesses Zomemim. ');">⁴⁴</span> — Therefore Rabbah said: We say to him: Have you any witnesses to contradict them?<span class="x" onmousemove="('comment',' I.e., to prove the former evidence false, but not by means of shewing that the witnesses are Zomemim. (V. Glos. and p. 36, n. 3.) ');">⁴⁵</span> R. Kahana said: [We open the defence by saying,] From your words it appears that so and so is not guilty.<span class="x" onmousemove="('comment',' The judges start by pointing out the weak features of the prosecution, e.g., even if certain statements of the prosecution are proved true, they do not shew the guilt of the accused. ');">⁴⁶</span> Abaye and Raba both say: We say to him: If you did not commit the murder, have no fear. R. Ashi says: [We begin thus:] Whoever knows anything in his [sc. the accused's] favour, let him come forward and state it. It has been taught in agreement with Abaye and Raba: Rabbi said, If no man have lain with thee and if thou hast not gone aside to uncleanness, etc.;<span class="x" onmousemove="('comment',' Num. V, 19. ');">⁴⁷</span>

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