Yerushalmi Nazir 3:7 ירושלמי נזיר ג׳:ז׳

MISHNAH: If two groups of witnesses were testifying against a person, one group say that he vowed nazir two times, the others say that he vowed nazir five times. The House of Shammai say, the testimony is split¹⁰⁸Following the rules of criminal procedure by which contradictory testimony has to be disregared. and there is no nezirut here. But the House of Hillel say, five contains two¹⁰⁹Following the rules of civil procedure. If one group testifies that A owes 500 while the other group testifies that he owes 200, he has to pay 200. An identical Mishnah is Idiut 4:11.; he should be a nazir twice.

HALAKHAH: “If two groups of witnesses,” etc. ¹¹⁰Parallels are in Yebamot 15:5 (י), Notes 115–134, and Sanhedrin 5:2 (ס). Rav said, they differ in the overall testimony. But in detail, everybody agrees that five contains two, and that he has to be a nazir for two periods. Rebbi Joḥanan said, they differ in counting. But in an overall testimony, everybody agrees that the testimonies contradict one another and there is no nezirut. What is overall and what is counting? Overall, this one says two, the other one says five. Counting, this one says one, two, the other one says three, four, five. Rav said, if testimony was contradictory in its essence, the testimony is not void. Rebbi Joḥanan said, if testimony was contradictory in itself, the testimony is void. In the opinion of everybody, if testimony was contradictory in some aspects that belong after the fact, the testimony is not void. Rebbi Joḥanan is consistent in what he said, since Rebbi Abba, Rebbi Ḥiyya, said in the name of Rebbi Joḥanan, if it was agreed that he counted but one [witness] said, he counted from a wallet and the other said, he counted from a bundle, that contradicts the essence of the testimony, and Rav will agree that the testimony is void. Where do they disagree? If there were two groups of witnesses, these say he counted from a wallet and the others say he counted from a bundle. That contradicts the essence of the testimony, the testimony is void, but according to Rav, the testimony is not void. If one [witness] said, he killed him with a mace, the other [witness] said, he killed him with a sword, that contradicts the essence of the testimony; the testimony is void and Rav will agree that the testimony is void. Where do they disagree? If there were two groups of witnesses, these say he killed him with a mace and the others say, he killed him with a sword. That contradicts the essence of the testimony; the testimony is void, but according to Rav, the testimony is not void. If these say, he ran away to the South and those say, he ran away to the North, everybody agrees that the testimony was contradictory in some aspects that refer [to]¹¹¹Read: “after”; cf. the variant readings. the facts, the testimony is not void. The strength of Rav comes from the following: “Rebbi Jehudah and Rebbi Simeon say, since both agree that he is not alive they can remarry.” He did nor hear that Rebbi Eleazar said, Rebbi Eliezer¹¹²Read: “R. Simeon and R. Jehudah”; cf. the variant readings. concedes in the case of witnesses. What is the difference between witnesses and the co-wife? They do not consider the co-wife’s words compared to that of her companion. A Mishnah disagrees with Rav: “Both in investigations and in cross examinations, if they contradict one another their testimony is void.” Rebbi Mana said, Rav will explain that as referring to single witness against single witness. Rebbi Abun said, even if you say groups and groups. There is a difference in criminal cases, as it is written: “Justice, justice you shall pursue”.

It was stated¹¹³An alternative text of the Mishnah. In Babylonian sources (Babli 20a, Tosephta 3:1): “R. Ismael, son of R. Joḥanan ben Baroqa, says, the Houses of Shammai and Hillel do not disagree about …” The text shows that this is the correct version.: “Rebbi Ismael and Rebbi Aqiba do not disagree about a person about whom two groups of witnesses testify, that he should be nazir according to the minimal testimony. Where do they disagree? About two witnesses, where the House of Shammai say, the testimony is split¹⁰⁸Following the rules of criminal procedure by which contradictory testimony has to be disregared. and there is no nezirut, but the House of Hillel say, five contains two and he shall be a nazir twice.¹⁰⁹Following the rules of civil procedure. If one group testifies that A owes 500 while the other group testifies that he owes 200, he has to pay 200. An identical Mishnah is Idiut 4:11.”