Mishnayos Bava Basra Perek 3 Mishnah 4
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בבא בתרא פרק ג׳ משנה ד׳
If there were two witnesses testifying on his behalf that he, the possessor of the land, worked and profited from a field for three years, and therefore has presumptive ownership, and they were found to be conspiring witnesses, as it was proven that they were not present to witness the matter about which they had testified, they must pay the true owner of the field the full value of the field that they attempted, through their testimony, to remove from his possession, as it is written in the Torah: “Then shall you do to him, as he had planned to do to his brother” (Deuteronomy 19:19). If two witnesses testify that he worked and profited from the field during the first year, another two testify that he worked and profited from it during the second year, and another two testify that he worked and profited from it during the third, and all were found to be conspiring witnesses, payment of the value of the field to the owner is divided among them. If the testimony was given by three brothers, each of whom testify about one year, and another unrelated individual joined with each of the brothers as the second witness, these are three distinct testimonies and they are accepted by the court. If they were to be considered one testimony, it would not be accepted, as brothers may not testify together. But they are one testimony for the purpose of rendering them as conspiring witnesses, and the payment is divided among them.
הָיוּ שְׁנַיִם מְעִידִין אוֹתוֹ שֶׁאֲכָלָהּ שָׁלֹשׁ שָׁנִים, וְנִמְצְאוּ זוֹמְמִין, מְשַׁלְּמִין לוֹ אֶת הַכֹּל. שְׁנַיִם בָּרִאשׁוֹנָה, וּשְׁנַיִם בַּשְּׁנִיָּה, וּשְׁנַיִם בַּשְּׁלִישִׁית, מְשָׁלְשִׁין בֵּינֵיהֶם. שְׁלֹשָׁה אַחִים וְאֶחָד מִצְטָרֵף עִמָּהֶם, הֲרֵי אֵלּוּ שָׁלֹשׁ עֵדֻיּוֹת, וְהֵן עֵדוּת אַחַת לַהֲזָמָה:
Bartenura
משלשין ביניהם. כל כת יתן השליש. שהרי הן שלשה כתות לשלש שנים:
שלשה אחים. לכל שנה אח אחד ואחר עם האח, שאותו אחר מעיד עם כולן:
הרי כאן שלש עדיות. דמאי דמסהיד האי לא מסהיד האי, ולכך עדותן כשרה:
והן עדות אחת. לענין הזמה שאם הוזמו משלשין ביניהן, ואין נעשים זוממין עד שיוזמו כולן:
משלשין ביניהם – each band pays one-third, for they are three bands for the three years (i.e., two plotting/scheming witnesses for each year).
שלשה אחים – for each year, one brother, and another person with the brother, and that other person testifies with all of them and there three [distinct] testimonies, for what this one testifies, the other did not testify, and therefore, their testimony is valid.
והן עדות אחת – regarding the conviction of false witnesses, if they were found to be refuted, they divide up the cost between them, and they are not made false witnesses until all of them are proved to be false witnesses.