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Text Excerpt
״פלוני בא על אשתי״, הוא ואחר מצטרפין להורגו, אבל לא להורגה.
If someone testifies: So-and-so had sex with my wife, he and another may combine to execute him, the accused man, with his testimony, but the woman’s husband is not accepted as a witness to execute her. A person cannot testify concerning his wife or any other close relative.
מאי קא משמע לן? דמפלגינן בדיבורא? היינו הך! מהו דתימא: אדם קרוב אצל עצמו – אמרינן, אצל אשתו – לא אמרינן. קא משמע לן.
The Talmud asks: What is this last scenario teaching us? Is it that we divide the statement of the witness in order to accept part of the testimony while rejecting the inadmissible part? This cannot be, as the principle in this case is identical to that case, in which the witness is not accepted to incriminate himself. The Talmud answers: The second case is necessary, lest you say: With regard to his own self, since a person is his own relative, we say that we divide the testimony. But with regard to his wife, one might think we do not say so, and the entire testimony must be either accepted or rejected. Therefore, the second case teaches us that even with regard to one’s wife, the statement is divided, and the testimony concerning his wife is disregarded.
ואמר רבא: ״פלוני בא על נערה המאורסה״, והוזמו – נהרגין, ואין משלמין ממון. ״בתו של פלוני״, והוזמו – נהרגין ומשלמין ממון. ממון לזה ונפשות לזה.
And Rava also says: If witnesses testify: So-and-so had sex with a betrothed young woman (see Deuteronomy 22:25), without specifying the young woman in question, and they were rendered conspiring witnesses, they are executed, and they are not liable to pay money. Since they never specified the identity of the young woman, they were never in a position to cause anyone to lose part or all of her marriage contract. But if they specified: The young woman was the daughter of so-and-so, and they are rendered conspiring witnesses, they are executed, and they also pay money. Since in this case, the money is for this victim, i.e., the father of the young woman who stood to lose part or all of her marriage contract, and their lives are for that victim, i.e., the man and woman accused of adultery, they are liable to receive both punishments.