Positive Commandment 180 (Digest)
Punishing False Witnesses
"You shall do to him as he thought to have done to his brother"—Deuteronomy 19:19.
We are commanded to punish false witnesses by sentencing them to the exact punishment they wished to impose upon their innocent fellow. If their testimony was intended to expropriate money, they must pay the amount they wished the other to lose. If their testimony was intended to impose upon the defendant corporeal or capital punishment, they are the ones flogged or put to death.
The 180th mitzvah is that we are commanded to punish witnesses who have testified falsely with the same consequence they tried to accomplish with their testimony.
The source of this commandment is G‑d's statement (exalted be He), "You must do the same to them as they plotted to do to their brother."
This is the law regarding eidim zom'mim: if their testimony would have resulted in someone losing money, we take that amount from them. If they testified in a case where the defendant would be executed, we kill them with that form of execution. If they testified in a case where the defendant would be lashed, we administer lashes to them.
The details of this mitzvah, the various questions which have been raised regarding it, and how it is proven that the witnesses are zom'mim to be punishable under this law are explained in tractate Makkos.
The text on this page contains sacred literature. Please do not deface or discard.
