Yerushalmi Shevuot 4:3 ירושלמי שבועות ד׳:ג׳

MISHNAH: If both of them disavowed simultaneously, both of them are liable; one after the other, the first is liable but the second is not liable⁴⁶If there are only two witnesses and one refuses to testify even though he had assented to an oath that he would testify, the second witness becomes a single witness whose testimony cannot compel the defendant in a civil suit to pay money. All the testimony of a single witness in a civil suit can do is force the defendant to swear that he does not owe money. Since the refusal of the second witness to testify does not inflict a monetary loss on the claimant, he is not liable for a sacrifice unless he disavowed simultaneously with the first.. If one reneged but one confessed, the one who disavowed is liable⁴⁷The action of the first witness deprived the claimant also of the testimony of the second; this triggers liability.. If there were two groups of witnesses, if the first group disavowed and after this the second, both are liable since testimony could be upheld by either one of them⁴⁸Only two witnesses are needed for conviction; the two groups of witnesses are independent of one another and the order of their appearance is irrelevant..

HALAKHAH: “If both of them disavowed simultaneously,” etc. If they dedicated a sacrifice and said, we are going to disavowe in court. This is what Rebbi Ḥiyya stated, his sacrifice for the Eternal for his vow of nazir; that his vow of nazir precede his sacrifice, not that his sacrifice precede his vow of nazir⁴⁹Num. 6:21. An obligatory sacrifice cannot be brought voluntarily. Therefore it cannot be dedicated before the obligation exists. The dedication cannot be undone (Lev. 27:9). Therefore, the original sacrifice has to be rededicated as voluntary offering and a new sacrifice be given as obligatory sacrifice. Nazir 2:9 (Note 118), 3:2 (Note 32), Tosephta Nazir 2:6, Num. rabba 10(42).. If they were sworn to out of court, dedicated a sacrifice and said, we are going to renege in court, how do you treat this? As if his sin did precede his sacrifice or since the are liable only in court as if their sacrifice did precede their sin⁵⁰The question is not answered. Possibly it is a sequel to R. Jeremiah’s questions in the preceding Halakhah; cf. Terumot 10:11 Note 110.?

So is the Mishnah: “If one disavowed but one confessed, the one who disavowed is liable.⁵¹The question is why does the Mishnah speak of “one” and not “first” or “second”? The sentence must refer to the first clause in the Mishnah, that both disavowed together but then one of them changed his mind.” Rebbi Yose said, our Mishnah if the second changed his opinion immediately after the speaking of the first. Because if the first changed his opinion, one would accept him; then the second would become the first⁵²“Immediately” is defined either as the time needed to say “peace upon you” or “peace upon you, my master” [Berakhot 2:1 (Notes 50–52), Mo`ed qaṭan 3:7 (83c l. 37), Nazir 4:1 Note 12]. Anything said immediately following testimony is part of the testimony. The rule that a witness cannot change his testimony does not apply to corrections made immediately. Babli 32a..

If they were ten⁵³Ten witnesses asked as a group to testify.. There are Tannaïm who state, the first one is liable and all the rest are not liable. There are Tannaïm who state, the last one is not liable and all the rest are liable. The one who said, the first one is liable and all the rest are not liable, holds with him who said, the testimony can be verified by the remaining [witnesses]. The one who said, the last one is not liable and all the rest are liable, holds with him who said, testimony that was partially invalidated is totally invalidated⁵⁴Both opinions are expressed in Mishnah Makkot 1:12–13 (in most Mishnah editions, Mishnah 1:8). It is obvious that the attributions have to be switched. If in civil suits any testimony supported by 2 witnesses is acceptable then only the last, single, remaining witness is not liable (Note 46). But if the testimony of a group is only acceptable if all witnesses are qualified and testify in parallel then the first disqualification disqualifies the group and only the first witness is liable.. Rebbi Yose said, the Mishnah says so: “if there were two groups of witnesses.” He only said “two”. Therefore if there had been one⁵⁵The formulation of the Mishnah is “two groups of two witnesses” and not “four witnesses”., testimony that was partially invalidated it is totally invalidated.