Sanhedrin 41 - January 27, 27 Tevet

There are four sources in the Torah to derive the law that the accused must be warned before committing the crime in order for the court to convict. Why were all four necessary? Rav Chanan ruled that eidim zomemim who falsely testified against a betrothed woman that she engaged in relations with another man are not killed as they can claim they were only trying to forbid her to her husband and not to get her killed. However, a question is raised regarding laws of warning - as when they testified, mustn't they need to testify that they warned her that if she engaged in relations with this man, she would receive the death penalty, and then it would be clear that they were trying to get her punished with murder?! The Gemara answers that Rav Chanan must have made his statement regarding a case where the woman was a chavera, a woman who adheres strictly to mitzvot and according to Rabbi Yosi b'Rabbi Yehuda who does not require a warning for chaverim. Rav Chisda explains which types of contradictions are accepted in testimony and which ones are not. However, four sources are brought to raise difficulties with Rav Chisda's statement, but each is resolved. One source was from our Mishna regarding Ben Zackai who asked about the stem of the fig. Is Ben Zackai Rabban Yochanan ben Zackai or not? The Mishna explains that if one witness says "I don't know" regarding a bedika question, the testimony is accepted, and also if both say "I don't know." The latter case is unnecessary and that leads Rav Sheshet and Rava to offer alternative versions of that line in the Mishna. Rami bar Hama asked Rav Safra and Rav Kahana: if both bedikot and chakirot are required by Torah law, why if the witnesses say they don't know in a chakira question, the testimony is cancelled but in a bedika question, their testimony stands? They answered that chakira questions are necessary to establish the testimony since without it, it is testimony that cannot be cancelled by eidim zommemim, as they establish where and when the event transpired. If the witnesses have a discrepancy of one day regarding the date, it can be assumed that one did not know when Rosh Chodesh was, and that they are actually referring to the same day. However, this is limited to the first part of the month, as once it is the middle of the month, one can assume that they know the correct date. There is a blessing that is recited each month on the new moon, birkhat (kiddush) ha'levana. Until what day of the month can it be recited? Rabbi Yochanan answered, however, there are two opinions to explain what date he was referring to - the seventh of the month or the sixteenth.