Quoting%20commentary for Bava Kamma 148:10
אלא לאו ש"מ ר"א הוא דאמר אין נהרגין תסתיים
whereas the other said they would not be subject to the death penalty. There is proof that R. Eleazar was the one who said they would not be subject to the death penalty; for R. Eleazar said: 'If witnesses were confuted [but not proved <i>zomemim</i>] as to their evidence regarding a charge of murder, they would be lashed.<span class="x" onmousemove="('comment',' Because they transgressed the negative commandment, 'Thou shalt not bear false witness against thy neighbour'. Ex. XX, 13. and the punishment of thirty-nine lashes is administered for breaking such and similar negative commandments. ');"><sup>9</sup></span>
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