פירוש על מכות 3:11

MISHNA: How are witnesses made zomemim? etc.: In the Gemarah it will be explained what this is saying.

Regarding this certain individual: [who is a] kohen.

That he is he son of a divorcee: In our presence his mother got divorced before he was born, and therefore he is a Challal [Illegitimate Kohen] and disqualified [from kohen services].

It is not said: If they were made to be plotters and they are Kohanim. Make this one [the plotters] the son of a divorcee or Halutzah: To fulfill "Like they plotted". He takes on forty lashes: in the Gemara the reason will be explained.

That is ruled for [the penalty of] Exile: That he killed someone negligently.

GEMARAH: This is how we read it: Why! How are witnesses not made zomimen, it should have asked, and forthermore, as we will teach later on, (Makkos 5a) but if they said to him etc.

How are witnesses not made zomemim we should have asked: In which we can not maintain the requirement of K'asher Zamam [As they plotted].

Furthermore - Why is the question of the Tanna (author of our Mishne), 'How do they become false witnesses?'. Does it (not) teach further on (5b), how is the law of false witnesses (enacted), as is taught in the Mishne (further on). 'Indeed they say to them, the falsifying witnesses, how are you able to to testify this testimony you have given, were you not with us that day in a certain place etc.':

Refers to over there - From (tractate) Sanhedrin (the author has) continued (lit. left off). That we learnt at the end of (chapter) The Following are Strangled, that is the end of (tractate) Sanhedrin, that there are false witnesses that are slightly differentiated from the (standard) laws of false testimony. Like that which is taught, all false witnesses we apply (lit. are introduced) to the very same death (as they which to inflict). That means to say they do not face (lit. look) to any other (method) of being killed, rather we apply (lit. awaken them) to that very death that the (original) accused (lit. judged one) was sentenced to (lit. judgement was completed):

Except false witnesses testifying against the daughter of a Cohen - (fully) married. That even though her judgement was (for death) by burning through their testimony (lit. mouths), they (the false witnesses) are strangulated. As we learn there (90a) her (death) is burning, but (lit. and) her adulterer (partner) is not (punished) with burning but with strangulation, just like any other adulterer of a married woman, and the false witnesses are (lit.) woken up to the (same) death that they wanted to inflict on the adulterer. As it is written (in scriptures) as they intended to do to their brother, and (we infer) not their sister. And it states here (at the beginning of our tractate as a continuation), there are other false witnesses that we do not establish with them the law of false testimony (as they wanted to do so should be done to them) at all, rather (they are given) lashes. And on this (point) it is explained (the mishne explains, beginning with a question). How are these witnesses that we cannot fulfil with them the (normal) laws of false testimony (lit) made into false witnesses (i.e. how do we apply the law of doing unto them as they intended to do).(Answers and carries on the mishne ) we give testimony etc.:

And not his seed - If you make him illegitimate (for priesthood) and he is (currently) a priest, his offspring will also be disqualified for evermore:

We require as they intended (to do to the original accused) - and he (the false witness) was falsely testifying, to disqualify the accused and his offspring:

One who profanes (others) does not himself become profane - A priest who marries a divorcee, that disqualifies his offspring, he himself does not become disqualified:

One who comes to disqualify and does not (successfully) disqualify - A false witness that wants to disqualify and does not (successfuly) disqualify, how much more so etc. (alt. is it not logical etc.):

If so - If you come to expound this a fortiori inference with false witnesses, you will have nullified (the application of) the law of false witnesses: