Pesachim

and one of them erred in just over an hour. R. Huna the son of R. Judah went and reported this discussion before Raba. Said he: now what if we carefully examined these witnesses [and found] that the one who testified [that it took place] in the third [hour] meant at the beginning of the third hour, while he who testified [that it took place] in the fifth [meant] at the end of the fifth, so that it would be a confuted testimony and we would not execute [the accused]; shall we then arise and execute him through a doubt,1 whereas the Merciful One has ordered, then the congregation shall judge . . . and the congregation shall deliver?2 Rather said Raba: on R. Meir's ruling a man may err in two hours less a trifle, while on R. Judah's ruling a man may err in three hours less a trifle. On R. Meir's ruling a man may err in two hours less a trifle: the incident happened either at the beginning of the second or at the end of the third [hour], and one of them erred in two hours less a trifle. On R. Judah's ruling a man may err in three hours less a trifle: the incident occurred either at the beginning of the third or at the end of the fifth [hour], and one of them erred in three hours less a trifle. We learned: They3 were examined with seven hakiroth:4 In which septennate [was the crime committed], in which year, in which month, on what day of the month, on what day [of the week]. at which hour and in which place? And ‘ye [further] learned: What is the difference between hakiroth and bedikoth?5 In hakiroth, if one of them [the witnesses] replied. ‘I do not know’, their testimony is null; in bedikoth, even if both declare, ‘We do not know’, their testimony is valid. Now we questioned this: Wherein this difference between hakiroth and bedikoth? And we answered: In hakiroth, if one declares, ‘I do not know’, their testimony is null, because it is a testimony which cannot be rebutted;6 whereas with respect to bedikoth it is [still] a testimony which can be rebutted.7 Now if you say that a man may err in so much, then the hakiroth of which hour also [leaves] testimony which cannot be rebutted, for they can assert, ‘We did indeed err’? — We allow them [the benefit of] the whole of their [possible] error: according to R. Meir we allow them from the beginning of the first hour until the end of the fifth; and logically we should give them even more at the beginning, but that people do not err between day and night. While according to R. Judah we allow them from the beginning of the first hour until the end of the sixth; and logically we should give them more at the beginning, 40a. weapon, the clothes worn, etc. the time of the alleged crime, in which case the law of retaliation applies that the witnesses are subject to the punishment which they sought to fasten upon the accused; v. Deut. XIX, 18f. This is obviously impossible unless the witnesses state the exact time and place, whereas the possibility of rebuttal is essential for the validity of testimony.