Chapter 5. "Contradiction of witnesses" | ||||
[Rules and regulations concerning preliminary queries, examination, and cross-examination in criminal cases. What may or may not be considered a contradiction of witnesses. How is it if a disciple not belonging to the judges says: "I have something to say to his advantage or disadvantage"? By what majority one may be acquitted and by what accused; and to what number judges may be added, if they cannot come to any conclusion] | ||||
MISHNA I. The court used to examine the witnesses with seven inquiries, etc. | ||||
Should one of the witnesses say, "I have something to say in behalf of the defendant," or one of the disciples, I have something to say to the disadvantage of the defendant," the court silences him. Why not say that eight queries are necessary in the examination? Viz., how many minutes are there in the hour? Do you recognize this man as the murderer of him who was slain? Was he a heathen or an Israelite? Have you warned him? Did he accept the warning? etc. Whence do we deduce that the warning is prescribed biblically? Witnesses who testified in case of a betrothed woman, if they be found collusive, are not to be put to death. What is the difference between examination? etc. Until what time may the benediction of the moon be pronounced? If Israel should have only the meritorious act of receiving the glory of their heavenly Father once a month, it would be sufficient. They do not drink wine. And why not? In civil cases the court may say: The case becomes old, etc., | ||||
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