What is the key distinction between hakchashah (contradiction) and hazamah (disqualification)?
Hakchashah says 'the event never happened.' Hazamah says 'we don't know if the event happened, but you witnesses were elsewhere.' Hazamah punishes the witnesses; hakchashah only nullifies the testimony.
Question 2
If 100 witnesses testify and two others come to disqualify them through hazamah, what happens?
The Rambam states: two witnesses are equivalent to 100 and 100 are equivalent to two. This is a Scriptural decree. Even 100 original witnesses are punished on the basis of two hazamah witnesses.
Question 3
After the judgment was rendered and the defendant was already executed, and then the witnesses were disqualified through hazamah — are the zomeim witnesses executed?
The verse says 'ka'asher zamam la'asot' — what he conspired to do, implying it was not yet done. This is part of the Oral Tradition: if the execution was already carried out, the zomeim witnesses are not executed.
Question 4
Can a zomeim witness admit his guilt in court and thereby be liable to pay the financial penalty?
The financial liability of zomeimim is classified as a kenas (fine), and fines cannot be imposed through self-admission. However, if they explicitly admit having been sentenced in a specific court to a specific amount, that is an acknowledgment of a debt — and they must pay.
Question 5
What public action must the court take after punishing conspiring witnesses?
Deuteronomy 19:20 states 'those who remain shall hear and become fearful.' The court writes and sends a proclamation to every city detailing who the witnesses were, what they testified, and what punishment was meted out.