Makkot 13

Illah and Tuvia were relatives of the guarantor. Rav Papa had thought to say, [They should be valid witnesses because] regarding the creditor and the borrower they are unrelated. Rab Huna brei dRav Yehushua said to Rav Papa, If the borrower doesn't have [the funds] won't the creditor go to the guarantor?

MISHNA: One has had a verdict and then flees and comes before a different court, we do not retry his case. Any circumstance where two witnesses get up and say that they testify about a certain man that he had his verdict in this-and-this court and so-and-so and so-and-so were his witnesses, that person gets executed.

We establish courts both in Israel and in Diaspora. A court that executes once in seven years is called a "killing [court]" Rebbi Eliezer ben Azarya says, Once in seventy years. Rebbi Tarfon and Rebbi Akiva say, If we were in court no one would ever get executed. Raban Shimon ben Gamlial responded, Then you would be increasing murder in Israel.

GEMARA: Only before the same court is when his case is not retried, but brute a different court his case is retried. But the latter part of the mishna teaches, "Any circumstance where two witnesses get up and say that they testify about a certain man that he had his verdict in this-and-this court and so-and-so and so-and-so were his witnesses, that person gets executed."?

Abaye answered, It isn't a contradiction. Here [where we retry the case] is in Israel; here [where we do not retry the case] is in Diaspora.

Like we learned in a beraisa, Rebbi Yehuda ben Dostai says in the name of Rebbi Shimon ben Shetach, If he ran from Israel to Diaspora, we do not retry his case; if he ran from Diaspora to Israel, we do retry his case due the merit of Israel.

We establish courts...etc.: From where do we derive these words? That the rabbis thought in a beraisa, (Numbers 35,29) "And these should be for you as laws for your generations". This teaches us that courts are established both in Isreal and in Diaspora.

If so then why does the Torah say (Deuteronomy 17,8) "In your gates"? In your gates [Isreal] you should set up courts in each and every district and in each and every city, but in the Diaspora you should set up [courts] in each and every district but you should not set up [courts] in each and every city.

A court that executes...etc.: They inquired, Is it [executing] once in seventy years that acquires then the name "killing court", or maybe that is the acceptable amount [and more than that is what gets the name]? Let [the question] stand.

Rebbi Tarfon and Rebbi Akiva said, If we were part of court...etc.: What would they have done? Rebbi Yochanon and Rebbi Elezer said together, [they would ask the witnesses,] did you see if the victim was a Terefah or viable?

Rav Ashi says, If it came out that they said that they saw that the victim was viable [prior to being killed, they would say that] maybe in the place that the sword entered there was a hole.

By a cohabitation related crime what would they do? Abaye and Rava said together, Did you see [the equivalent] of a brush being out into a tube? And what would the Rabbis do [to execute in such a case]? They would go like Shmuel, that Shmuel says, They are sinners when they act in a manner like sinners.

We will return to you, "How are witnesses"

Mishnah: These are the exiles: One who kills someone accidentally. One was rolling with a roofer and it fell on him [a passerby] and killed him; one who was pulling up a barrel and it fell on him and killed him; one who was descending a ladder and it fell on him and killed him—[in all these cases] behold he is exiled. However, if he was pulling with a roofer and it fell on him [a passerby] and killed him; or he was lowering a barrel and the rope broke and it [the barrel] fell on him and killed him;