Reference for Bava Kamma 47:15
אי אמרת לייעודי תורא שפיר
Come and hear: Cattle cannot be declared <i>Mu'ad</i> until warning is given the owner when he is in the presence of the Court of Justice. If warning is given in the presence of the Court while the owner is absent, or, on the other hand, in the presence of the owner, but outside the Court, no declaration of <i>Mu'ad</i> will be issued unless the warning be given before the Court and before the owner. In the case of two witnesses giving evidence of the first time [of goring], and another two of the second time, and again two of the third time [of goring], three independent testimonies have been established. They are, however, taken as one testimony regarding haza mah.<span class="x" onmousemove="('comment',' I.e., proved alibi of a set of witnesses, v. Mak. (Sonc. ed.) p. 1, n. 1. ');"><sup>23</sup></span> Were the first set found <i>zomemim</i>,<span class="x" onmousemove="('comment',' I.e., proved to have been absent at the material time of the alleged goring; v. Glos. ');"><sup>24</sup></span> the remaining two sets would be unaffected; the defendant would, however, escape [full] liability<span class="x" onmousemove="('comment',' As his cattle 'would have to be dealt with as Tam. ');"><sup>25</sup></span> and the <i>zomemim</i> would still not have to pay him [for conspiring to make his cattle <i>Mu'ad</i>].<span class="x" onmousemove="('comment',' In accordance with law of retaliation. Deut. XIX, 19. Since regarding the declaration of Mu'ad all the three pairs of witnesses constitute one set, and the law of hazamah applies only when the whole set has been convicted of an alibi. ');"><sup>26</sup></span> Were also the second set found <i>zomemim</i>, the remaining testimony would be unaffected; the defendant would escape [full] liability<span class="x" onmousemove="('comment',' As his cattle 'would have to be dealt with as Tam. ');"><sup>25</sup></span> and the <i>zomemim</i> would still not have to compensate him [for conspiring to make his cattle <i>Mu'ad</i>].<span class="x" onmousemove="('comment',' In accordance with law of retaliation. Deut. XIX, 19. Since regarding the declaration of Mu'ad all the three pairs of witnesses constitute one set, and the law of hazamah applies only when the whole set has been convicted of an alibi. ');"><sup>26</sup></span> Were the third set also found <i>zomemim</i>, they would all have to share the liability [for conspiring to make the cattle <i>Mu'ad</i>];<span class="x" onmousemove="('comment',' I.e., the half damages added on account of the declaration of Mu'ad, whereas the original half damages on account of Tam will be imposed only upon the last pair of witnesses. ');"><sup>27</sup></span> for it is with reference to such a case that it is stated, Then shall ye do unto him as he had thought to have done unto his brother.<span class="x" onmousemove="('comment',' Deut. XIX. 19. ');"><sup>28</sup></span> Now if it is suggested that the three days refer to [the goring of] the cattle [whereas the owner may be warned in one day], the ruling is perfectly right [as the three pairs may have given evidence in one day].<span class="x" onmousemove="('comment',' And since they waited until the last day when they were summoned by the plaintiff of that day, it is plain that their object in giving evidence was to render the ox Mu'ad. ');"><sup>29</sup></span>