- Second עדות is not חצי דבר where the first עדות is independently effective (e.g., בן סורר ומורה)
Rebbe Yochanan and Chizkiyah argue about the punishment for עדים זוממין about kidnapping. Initially, their argument is presented about both the עדים to the גניבה – kidnapping, and the עדים to the מכירה – selling (both necessary for capital punishment). Chizkiyah says neither pair is killed, because he holds like Rebbe Akiva, that a חצי דבר – half matter (i.e., partial testimony which is ineffective on its own) is invalid, and Rebbe Yochanan holds both pairs are killed, because he holds like the Rabbonon, that חצי דבר is valid testimony. Chizkiyah agrees that the second set of עדים about a בן סורר ומורה (i.e., witnesses to his second violation) is killed, מתוך שיכולים לומר הראשונים להלקותו באנו – since the first [witnesses] can say, “We only came to give him malkus.” Since they are independently effective for malkus, the second pair is considered a “full testimony,” although their testimony is ineffective without the first pair. Rav Pappa asks that if so, the עדים to the kidnapper’s מכירה should also be killed, because it can be proven that Chizkiyah holds a kidnapper incurs malkus for stealing alone. Therefore, the עדים to the מכירה should similarly be considered a full testimony!?
- Machlokes if עידי גניבה are killed
Therefore, Rav Pappa explains the machlokes differently. Everyone agrees that the עידי מכירה are killed for their testimony. The Amoraim argue about the עידי גניבה: Chizkiyah holds they are not killed, because גניבה לחודה קיימא ומכירה לחודה קיימא – the testimony to the kidnapping and selling each stands by itself. Since Chizkiyah holds kidnapping alone incurs malkus, those witnesses are only considered to testify for malkus (the עידי מכירה are considered full testimony for killing him, and they are killed as זוממין). Rebbe Yochanan holds the עידי גניבה are killed, because גניבה אתחלתא דמכירה היא – kidnapping is the beginning of the selling. Rebbe Yochanan holds that kidnapping alone does not incur malkus, and both pairs are testifying jointly to kill the kidnapper. Each pair’s testimony is a חצי דבר, which is valid according to the Rabbonon, and they are killed if they are found זוממין. Rebbe Yochanan agrees, however, that the עדים to the first violation of a בן סורר ומורה are not killed, because they can say they only testified to give him malkus.
- זקן ממרא
The next Mishnah discusses זקן ממרא על פי בית דין – a sage who rebels against [Sanhedrin], who is killed with חנק. The sage and the local Beis Din which disagrees with him come together to the first of three בתי דין in Yerushalayim, which sits at the entrance of הר הבית. The זקן says: כך דרשתי וכך דרשו חבירי – this is how I lectured, and this is how my colleagues lectured; כך לימדתי וכך לימדו חבירי – this is how I taught, and this is how my colleagues taught. If the Beis Din heard from their teachers about the subject, they relate it to them, but if not, they come before the second Beis Din, which sits at the entrance of the עזרה, and present the dispute. If this Beis Din also has no tradition on the matter, they all come before the בית דין הגדול, which sits in the לשכת הגזית (a chamber built into the עזרה wall), שממנו יוצא תורה לכל ישראל – from which Torah issues forth to all of Yisroel. If the זקן returned to his town and continued to teach according to his original opinion, ignoring the בית דין הגדול, he is not yet liable. ואם הורה לעשות - But if he rules for people to act according to his opinion, he is killed as a זקן ממרא.
