Mishnah Makkot

1 How do witnesses become liable to punishment as perjurers? If they say: “We testify that so and so, a priest, is the son of a woman who had formerly been divorced or a halutzah,” it is not said that each witness should himself be as if he was born of a divorcee or a halutzah; rather he receives forty lashes. If they say: “We testify that so and so is guilty of a crime entailing exile,” it is not said that each witness should himself be exiled; rather he receives forty lashes. If they say: “We testify that so and so divorced his wife and has not paid her ketubah,” seeing that either today or tomorrow the husband will pay her ketubah, the assessment should be made how much a man will be willing to pay now for the ownership of her ketubah, on the condition that if she should be widowed or divorced he will take it over but if she should die, her husband will inherit her estate including the ketubah. If they say: “We testify that so and so owes his friend one thousand zuz on the condition that he will pay him within thirty days,” while the debtor says, “Ten years,” the assessment should be made how much a man is willing to pay for the use of a thousand zuz, whether he pays them in thirty days or ten years.

2 If they say: “We testify that so and so owes his friend two hundred zuz,” and they are found to be perjurers, they are flogged and ordered to make restitution, because the count that brings the flogging on them is not the count that brings on them the obligation to make restitution, these are the words of Rabbi Meir. But the Sages say: “Anyone who makes restitution is not flogged.”

3 If they say: “We testify that so and so is liable to a flogging of forty lashes,” and they are found to be perjurers, they receive eighty lashes, because of “You shall not bear false witness against your neighbor”Exodus 20:16 and “You shall do to him as he schemed to do to his fellow,”Deuteronomy 19:19 these are the words of Rabbi Meir. But the Sages say, “They receive only forty lashes.” Monetary impositions are shared among the offenders, but the lashes are not shared among the offenders. How so? If they testified that he owed his friend two hundred zuz, and they were found to be perjurers, they divide the corresponding damages proportionately between them. But if they testified that he was liable to a flogging of forty lashes and were found to be perjurers, each one receives forty lashes.

4 Witnesses are not condemned as perjurers until they themselves are incriminated. How so? If they said: “We testify that so and so killed a person” and others said to them: “How could you testify to that, as that murdered person or that alleged murderer was with us on that very day, at such and such a place?” then the witnesses are not condemned as perjurers. But if these other witnesses said: “How could you testify to that, as on that very day, you were with us at such and such a place?” then the former are condemned as perjurers, and are executed on the word of the other witnesses.

5 If other witnesses came, and they charged them with perjury, then again others came, and they again charged them with perjury, even a hundred, they are all to be executed. Rabbi Judah says: “This is a conspiracy and the first set alone is executed.”

6 Perjuring witnesses are not to be put to death until after the end of the trial. For the Sadducees say: “Perjurers were put to death only after the accused had actually been executed, as it says, ‘A life for a life.’Deuteronomy 19:21” The Pharisaic Sages said to them: “But has it not already been said, ‘You shall do to him as he schemed to do to his fellow,’Deuteronomy 19:19 which implies while his brother is still alive? If so, why does it say, ‘A life for a life’? For it might have been that perjurers are liable to be put to death from the moment their testimony had been taken, therefore the Torah states, ‘A life for a life,’ that is to say, that they are not executed until after the termination of the trial.”

7 “A person shall be put to death only on the testimony of two witnesses or three witnesses.”Deuteronomy 17:6 If the testimony is sufficiently established by two witnesses, why does Scripture further specify three? This is to compare two to three: just as three are competent to incriminate two as perjurers, so are two competent to incriminate three as perjurers. How do we know that two or three can even incriminate a hundred? The Torah states “witnesses.” Rabbi Shimon says: “Just as two witnesses are not put to death until both have been incriminated as perjurers, so three are not put to death until all three have been incriminated as perjurers. How do we know that two or three can even incriminate a hundred? The Torah states ‘witnesses.’” Rabbi Akiva says: “The third witness was only mentioned in order to be stringent with him and make his judgment the same as the other two. And if Scripture thus penalizes one who consorts with those who commit a transgression, as if he is actually one of those who commit the transgression, how much more so will one who consorts with those who perform commandments receive a reward as if he is actually one of those who performs the commandments!”

8 Just as in the case of two witnesses, if one of them was found to be a relative or otherwise disqualified, their whole evidence is rendered void, so it is with three, if one of them was found to be a relative or otherwise disqualified, the whole evidence is void. How do we know that this is the case even with a hundred? The Torah states “witnesses.” Rabbi Yose said: “When is this true? With regard to capital cases; but in monetary suits, the evidence may be established by the rest.” Rabbi says: “It is one and the same rule, be it in monetary suits or capital cases.” This is the rule when both disqualified witnesses warned the transgressor, but when they did not warn him, what could two brothers do who saw someone killing a person?

9 If two people see him the transgressor from one window and two other people see him from another window and one standing in the middle warns him, then, if some on one side and some on the other side can see one another, they constitute together one body of evidence, but if they cannot see one another, they are two bodies of evidence. Consequently, if one of these is found to be a perjurer, both the transgressor and those two witnesses are put to death, while the other group of witnesses is exempt. Rabbi Yose says: “He is never put to death unless two witnesses had warned him, as it says, ‘By the mouth of two witnesses.’Deuteronomy 17:6” Another interpretation: “By the mouth of two witnesses”: that the Sanhedrin may not hear the evidence from the mouth of an interpreter.

10 If one fled after having been convicted at a court and again comes up before the same court, the first judgment is not set aside. Wherever two witnesses stand up and declare, “We testify that so and so was tried and convicted at a certain court and that so and so were the witnesses,” the accused is executed. Trials before a sanhedrin are customary both in the land of Israel and outside it. A sanhedrin that executes once in seven years is called murderous. Rabbi Elazar ben Azariah says: “Once in seventy years.” Rabbi Tarfon and Rabbi Akiva say: “Had we been members of a sanhedrin, no person would ever be put to death.” Rabban Shimon ben Gamaliel remarked: “They would also multiply murderers in Israel.”

1 The following go into banishment: one who kills in error. If for instance while he was pushing a roller on the roof and it fell down and killed somebody; if while he was lowering a cask it fell down and killed somebody; if while coming down a ladder he fell on somebody and killed him, he goes into banishment. But if while he was pulling up the roller it fell back and killed somebody; if while he was raising a cask and the rope snapped and the cask fell and killed somebody; if while going up a ladder he fell down and killed somebody, he does not go into banishment. This is the general principle: whenever the death was caused in the course of a downward movement, he goes into banishment, but if it was caused not in the course of a downward movement, he does not go into banishment. If the iron slipped from its handle and killed somebody: Rabbi says, “He does not go into banishment.” And the Sages say: “He goes into banishment.” If it flew from the log being split: Rabbi says, “He goes into banishment.” And the Sages say: “He does not go into banishment.”

2 If a man threw a stone into the public domain and killed a person, he goes into banishment. Rabbi Eliezer ben Jacob says: “If after the stone had left his hand another person stuck out his head and caught it, the thrower is exempt from banishment.” If a man threw a stone into his own courtyard and killed a person, then, if the victim had a right of entry there, the thrower goes into banishment, and if not, he does not go into banishment, as it says, “As when a man goes into the forest with his neighbor”Deuteronomy 19:5: the forest is a domain accessible to the victim and to the slayer and it therefore excludes the courtyard of the householder where the victim has no right of entry. Abba Shaul says: “Hewing of wood is an optional act and it therefore excludes a father beating his son, or a master disciplining his pupil, or an agent of the court administering lashes.”

3 The father goes into banishment for the death of his son, and the son goes into banishment for that of his father. All go into banishment for the death of an Israelite, and Israelites go into banishment on their account, except for a resident alien. And a resident alien does not go into banishment except for the death of another resident alien. A blind person does not go into banishment: these are the words of Rabbi Judah. Rabbi Meir says: “He goes into banishment.” An enemy does not go into banishment. Rabbi Yose bar Judah says: “An enemy is executed, for it is as if he has been warned.” Rabbi Shimon says: “There is an enemy that goes into banishment and there is an enemy that does not go into banishment: wherever it can be said that he had killed his victim knowingly, he does not go into banishment, and where he had killed unknowingly, he goes into banishment.”

4 To where are they banished? To the cities of refuge, to the three cities situated on the far side of the Jordan and the three cities situated in Canaan, as it says, “Three cities shall be designated beyond the Jordan, and the other three shall be designated in the land of Canaan.”Numbers 35:14 Not until three cities were selected in the land of Israel did the first three cities beyond the Jordan receive fugitives, as it says, “Six cities of refuge in all,”Numbers 35:13 until all six could simultaneously receive fugitives.

5 And direct roads were made leading from one to the other, as it says, “You shall prepare the way and divide the borders of your land into three parts.”Deuteronomy 19:3 And they assign him two disciples of the Sages as escorts in case anyone tried to kill him on the way, and that they might speak to him. Rabbi Meir says: “He may even plead his cause himself, as it says, ‘And this is the word of the manslayer.’Deuteronomy 19:4”

6 Rabbi Yose bar Judah says: “Initially a slayer is sent in advance to one of the cities of refuge, whether he had killed in error or with intent and then the court sends and brings him out.” Whoever was found guilty of a capital crime the court executed, and whoever was found not guilty of a capital crime they acquitted. Whoever was found liable to banishment they restored to his place of refuge as it says, “And the congregation shall restore him to the city of refuge to which he fled.”Numbers 35:25 All the same are the deaths of the high priest who had been anointed with the anointing oil, or had worn many garments, or had retired from his office: all make possible the return of the manslayer. Rabbi Judah says: “Also the death of the priest who had been anointed for war makes possible the return of the manslayer.” Therefore, mothers of high priests would provide food and clothing for those who had been exiled so that they would not pray for their son’s death. If the high priest died at the conclusion of the trial, the slayer does not go into banishment. If he died before the trial was concluded and another high priest was appointed in his place and the trial was then concluded, the slayer returns home from refuge only after the latter’s death.

7 If the trial was concluded when there was no high priest in office, or if one kills a high priest, or a high priest that kills, in these cases the manslayer can never leave that place of refuge. He the manslayer may not go out to bear witness, neither for cases having to do with a religious observance, nor to bear witness in a monetary suit, nor to bear witness in a capital case. Even if all Israel needs him, and even a general like Joab the son of Zeruiah, he may never go out, as it is said, “There he fled”: ‘there’ must be his home, ‘there’ his death, ‘there’ his burial. Just as the city affords asylum so does its Sabbath boundary afford asylum. If a manslayer went beyond the boundary of the city and the blood avenger found him: Rabbi Yose the Galilean says: “For the avenger it is a matter of obligation to kill him; for everyone else, a matter of option.” Rabbi Akiva says: “It is a matter of option for the avenger, and anyone else who kills him is not liable for doing so.” If a tree was standing within the boundary and its boughs extended beyond the boundary or if it was standing outside of the boundary and its boughs extended within, it wholly follows the position of the boughs. If he killed someone in that city of refuge he is banished from one neighborhood to another neighborhood. And a Levite is banished from one city to another.

8 A manslayer who went to his city of refuge and the men of that city wished to do him honor, should refuse by saying to them, “I am a manslayer!” If they say to him, “Nevertheless,” he should accept from them the honor offered, as it is said, “And this is the word of the manslayer.” They used to pay rent to the Levites, according to the words of Rabbi Judah. Rabbi Meir says: “They did not pay them rent.” And on his return home he returns to the office he formerly held, according to the words of Rabbi Meir. Rabbi Judah says: “He does not return to the office he formerly held.”

1 And these are liable to be flogged: one who had relations with his sister, or his father’s sister, or his mother’s sister, or his wife’s sister, or his brother’s wife, or his father’s brother’s wife, or a menstruant; a high priest who marries a widow, an ordinary priest who marries a divorcee or a halutzah; an Israelite who marries a mamzeret or natinah, or an Israelite woman who is married to a mamzer or a natin. In the case of a woman who is both a divorcee and a widow, a high priest is liable on two counts. But in the case of a woman who is both a divorcee and a halutzah, an ordinary priest is liable only on one count.

2 An unclean person who ate holy meatLeviticus 7:20, 12:4; one who entered the sanctuary while uncleanLeviticus 12:4, Numbers 5:3, 19:13; one who ate forbidden fat or bloodLeviticus 3:16, 7:23-27; or leftover sacrificial meatsLeviticus 19:6-8; or sacrifices that had been offered up with improper intentionLeviticus 7:18; or an offering that has become uncleanLeviticus 7:19; one who slaughters, or offers up a sacrifice, outside the Temple precinctsLeviticus 17:4; one who ate leavened bread during PassoverExodus 12:15; one who partakes of food or drink or does work on the Day of AtonementLeviticus 23:27-31; one who puts together the ingredients for the anointing oil, or the ingredients for the incense, or anoints with the oil for anointingExodus 30:22-28; one who eats an animal that died a natural deathDeuteronomy 14:21; or was improperly slaughteredExodus 22:30; or any of the creatures deemed ‘abominable’ and ‘teeming.’Leviticus 11:11 One who eats non-tithed produce, or first tithe from which heave offering has not been removed, or unredeemed second tithe, or unredeemed sanctified property. How much untithed produce is one to eat to become liable? Rabbi Shimon says: “Any amount.” The Sages say: “An olive’s size.” Rabbi Shimon said to them: “Do you not admit that if one ate the tiniest ant he would be liable?” They said to him: “Only because it is a whole creature.” He said to them: “Even a grain of wheat is a whole entity.”

3 One who eats of first fruits before the recitation over themDeuteronomy 26:3-10; of most holy things outside the Temple curtainsExodus 27:9; of lesser holy things or of second tithe, outside the city wallDeuteronomy 12:17-18. One who breaks a bone of a ritually clean Passover offering receives forty lashesExodus 12:46; but one who leaves over a clean Passover offeringExodus 12:10, or breaks a bone of an unclean Passover offering, is not given forty lashes.

4 If one takes the mother bird with the youngDeuteronomy 22:6-7: Rabbi Judah says: “He is flogged and need not then send the mother away.” But the Sages say: “He lets the mother go and is not flogged.” This is the general principle: for any negative commandment that involves a positive deed, one is not liable for transgressing it.

5 If a man makes a bald spot on his head, or rounds the corner of his head, or mars the corner of his beard, or makes one cutting in his flesh for the dead, he is liable to a flogging. If he makes one cutting for five dead, or five cuttings for one, he is liable for each one. On rounding the head he is liable for two corners, one for one side and one for the other; on marring the beard he is liable for two corners on one side, for two on the other side, and for one lower down. Rabbi Eliezer says: “If they were all taken off at the same time he is liable only on one count.” And he is only liable if he takes off with a razor. Rabbi Eliezer says: “Even if he picks off the hairs with tweezers, or with pincers, he is liable.”

6 He who writes an incision on his skin is flogged. If he writes on his flesh without incising, or incises without writing, he is not liable, until he writes and incises with ink, eye-paint or anything that lasts. Rabbi Shimon ben Judah says in the name of Rabbi Shimon: “He is not liable until he has written there the name of a god, as it says, ‘Nor shall you incise any marks on yourselves; I am the Lord.’Leviticus 19:28”

7 If a nazirite has been drinking wine all day, he is liable for only one lashing. If they said to him, “Don’t drink wine! Don’t drink wine!” and he kept drinking, he is liable for each instance.

8 If he has been defiling himself for the dead all day, he is liable for only one set of lashes. If they said to him, “Do not defile yourself! Do not defile yourself!” and he did defile himself each time, he is liable for each instance. If he was shaving all day he is liable for only one set of lashes. If they said to him, “Do not shave! Do not shave!” and he did shave each time, he is liable for each instance. If he was wearing a garment of mixed linen and wool all day, he is liable for only one set of lashes. If they said to him, “Do not put it on! Do not put it on!” and he takes it off and puts it on, he is liable for each instance.

9 It is possible for one to plow one furrow and become liable for eight prohibited acts: If he plows with an ox and donkey yoked together and these were sanctified animals, the plow being drawn over mixed seeds sown in a vineyard, during the sabbatical year, on a festival day, the plower being a priest and a nazirite and the plot being situated in a defiled area. Hananiah ben Hakhinai says: “He may also have been wearing a garment mixed of wool and linen.” They said to him: “This is not of the same category.” He said to them: “Even the nazirite is not in the same category.”

10 How many lashes is he given? Forty less one, as it says, “By number forty,”Deuteronomy 25:2-3 which means, a number close to forty. Rabbi Judah says: “He is given forty lashes in full. And where does he receive the additional lash? Between his shoulders.”

11 When they estimate the number of lashes he can stand it must be a number divisible by three. If they estimated him capable of receiving forty, and after receiving some they said he cannot receive forty, he is exempt from the rest. If they estimated him fit to receive eighteen, and after he was lashed they said he could receive forty, he is exempt from the rest. If he committed a transgression which violated two prohibitions and they made one estimate for the lashes for both prohibitions, he is lashed and then exempt from more. And if they had not made one estimate for both, he is lashed for one transgression, is allowed to recover and then is lashed again.

12 How do they lash him? His two hands are tied to a pillar on either side of it and the synagogue attendant grabs his clothes: if they are torn, they are torn; if they are ripped open, they are ripped open, until he exposes the offender’s chest. And a stone is placed behind the offender, the synagogue attendant stands on it, a strap of cowhide in his hands, doubled over into two, and redoubled, and two straps that rise and fall attached to it.

13 The handle is a handbreadth long and a handbreadth wide, its tip reaching to the edge of the offender’s abdomen. He administers one-third of the lashes in front and two-thirds behind. He lashes him not in a standing or sitting position but stooping, as it says, “And the judge shall cause him to fall down.”Deuteronomy 25:2 He who administers the lashes lashes with one hand and with his whole force.

14 And the one who recites, says: “If you fail to observe faithfully all the terms of this Teaching ... the Lord will inflict on you extraordinary plagues,”Deuteronomy 28:58-59 and then, if time remains, he returns to the beginning of the section, “Therefore observe faithfully all the terms of this covenant,”Deuteronomy 29:9 and he completes by saying, “And He is merciful, forgiving iniquity.”Psalms 78:38 If the offender dies under his hand, he is exempt from penalty. If he gave him one more lash and the offender died, he goes into banishment. If the offender soiled himself either with feces or urine, he is exempt. Rabbi Judah says: “Feces in the case of a man and even urine in the case of a woman.”

15 All who have incurred the penalty of karet, on being flogged are exempt from their punishment of karet, for it says, “He may be given up to forty lashes, but not more ... so that your brother is not dishonored before your eyes”Deuteronomy 25:3: once he has been lashed he is considered “your brother.” These are the words of Rabbi Hananiah ben Gamaliel. Rabbi Hananiah ben Gamaliel said: “Just as one who transgresses one transgression forfeits his life, how much more does one who performs one commandment have his life granted him.” Rabbi Shimon says: “You can learn this from its own passage, as it says, ‘All who do any of those abhorrent things such persons shall be cut off from their people,’Leviticus 18:29 and it says, ‘You shall keep my statutes and my ordinances, which if a person does, he shall live by them,’Leviticus 18:5 which means that one who desists from transgressing is granted reward like one who performs a commandment.” Rabbi Shimon bar Rabbi says: “See, the Torah says, ‘But make sure that you do not partake of the blood, for the blood is the life, and you must not consume the life with the flesh ... that it may go well with you and with your descendants to come.’Deuteronomy 12:23-25 Now, if in the case of blood which a person’s soul loathes, anyone who refrains from it receives reward, how much more so in regard to robbery and sexual sin for which a person’s soul craves and longs will one who refrains from them acquire merit for himself and for generations and generations to come, to the end of all generations!”

16 Rabbi Hananiah ben Akashia says: “The Holy Blessed One desired to make Israel worthy; therefore He gave them much Torah to study and many commandments to perform, as it says, ‘The Lord desires his servant’s vindication, that he may magnify and glorify His teaching.’Isaiah 42:21”