daf bit: Makkot 4

The end of Sanhedrin leads right into the beginning of Makkot ("blows"), which begins by discussing punishments imposed on false witnesses. (The word here is zomemim; it sounds like there might be different types of false witnesses.) The torah tells us that false witnesses receive the punishment they sought to impose on someone else, but that doesn't always work. The first mishna talks about zomemim who lie about a kohein's status, but just applying that penalty to them if they're not kohanim doesn't seem to do much. (That's my read, not the talmud's text.)

The mishna on today's daf teaches: if witnesses testify that somebody owes his friend two hundred zuz and they are found to be zomemim, they are flogged and ordered to pay corresponding damages according to R' Meir. But the sages say: one who is ordered to pay damages is not also flogged. And if witnesses testify that somebody is liable for 40 lashes and they are found to be zomemim, they receive 80 -- 40 for "do not testify falsely" and 40 for "you shall do to him as he sought to do to his fellow". These are the words of R' Meir, but the sages say they receive only 40 lashes. (4a)

R' Meir is arguing in the second case (and according to the g'mara also in the first) that there are two separate violations so we impose two separate punishments. The sages seem to be saying that there is one violation, the false testimony, for which there is one punishment, which can vary depending on what the false testimony was about. Here money trumps lashes; I don't know if that's a general rule. (I do know that somebody subject to both the death penalty and a fine does not pay the fine, so perhaps the fine is treated as more severe than lashes?) Update: oh hey, I asked about this 2.5 years ago! No answer yet, though.