1)

(a)Beis-Din question the witnesses - with seven Chakiros (See Tos. Yom-Tov).

(b)We learn the first three from the Pasuk in Re'ei "ve'Darashta, ve'Chakarta, ve'Sha'alta Heitev". From the Pasuk in Shoftim ...

1. ... "ve'Hugad l'cha ve'Shama'ta ve'Darashta Heitev" - we learn another two (from "ve'Darashta" and from "Heitev"), and the last two from ...

2. ... "ve'Darshu ha'Shoftim Heitev" (See Tos. Yom-Tov).

(c)Both words "Heitev" represent a Chakirah - as does the same word in the Pasuk in Re'ei; yet we learn from it three Chakiros (and not four) because "ve'Sha'alta" there is needed to teach us the actual concept of Chakiros.

(d)The Chakiros take place - immediately after the Iyum (the frightening [See Tos. Yom-Tov]).

2)

(a)The first three Chakiros are which Shavu'a - cycle of the Yovel year, which year and which month.

(b)The next three Chakiros are also time-connected. They are - which week, which day of the week (See Tos. Yom-Tov) and what time of day.

(c)The final one is - the location.

(d)What they all have in common is - that they render the testimony eligible to Hazamah (because any testimony that is not is disqualified.

3)

(a)Rebbi Yossi requires only three Chakiros - the day of the week, the time of day and the location (See Tos. Yom-Tov).

(b)The Halachah is - like the Tana Kama.

(c)Beis-Din insist on the seven Chakiros even if the witness specifically stated that Reuven killed Shimon 'yesterday' - in order to wear the witnesses down until they contradict each other (in order to save the accused).

4)

(a)The other questions that Beis-Din ask Eidei Nefashos (that we are about to discuss) - fall under the category of 'Bedikos' (not Chakiros).

(b)They ask them for example, whether they recognize the murdered man - to ensure that he was a Yisrael, and whether they warned the accused (See Tos Yom-Tov).

(c)And, assuming that the accused is being held for serving Avodah-Zarah (See Tos. Yom-Tov) when Beis-Din ask the witnesses ..

1. ... whom he worshiped - they mean for example, was it Pe'or or Markulis.

2. ... how he worshipped it - whether he sacrificed to it or prostrated himself before it.

(d)As opposed to Chakiros, if Beis-Din discover a discrepancy in the witnesses' testimony - they disqualify the witnesses (and they are Patur).

5)

(a)The Mishnah states - that the more one increases Bedikos the better.

(b)ben Zakai (See Tos. Yom-Tov) once asked the witnesses in a murder trial - about the size of the figs-stalks on the tree underneath which the murder took place.

(c)The Tana states the basic difference between Chakiros and Bedikos. If the witnesses claim that they don't know with regard to ...

1. ... Chakiros - their testimony is disqualified (See Tos. Yom-Tov), whereas by ...

2. ... Bedikos - their testimony stands (See Tos. Yom-Tov DH 'va'Afilu Shenayim').

6)

(a)If only one of a hundred witnesses claims that he doesn't know the answer to one of the Chakiros - the entire testimony is disqualified.

(b)That witness is not Chayav as an Eid Zomeim - because the Din of Eidim Zomemin only applies if all the witnesses become Eidim Zomemin.

(c)If Beis-Din discover a discrepancy in the testimony of the two witnesses, even with regard to the Bedikos - their testimony is disqualified (See Tos. Yom-Tov).

7)

(a)If one witness gives the date as the second of the month and the other, the third, the Mishnah accepts their testimony - because we assume that the first witness knew that the previous month was Malei (a full one [See Tos. Yom-Tov]), whilst the second one did not.

(b)This ruling applies only - up to half way through the month ...

(c)... because by then, everybody knows whether it was Malei or Chaser (in which case their testimony is disqualified).

(d)If however, one witness gives the date as the third of the month, and the other, the fifth - their testimony is disqualified (See Tos. Yom-Tov).

8)

(a)In similar vein, the Tana Kama allows a discrepancy of one hour in the morning but not of two (See Tos. Yom-Tov DH 'Sha'os' & DH 'Echad Omer ... '). Rebbi Yehudah - allows even two (See Tos. Yom-Tov) ...

(b)... since people tend to err by that amount.

(c)He concedes however that if one witness gives the time as five hours and the other, as seven, their testimony is disqualified - because in the fifth hour, the sun is still in the east, whereas seven, the sun is in the west (a discrepancy that is unacceptable).

9)

(a)After cross-examining the first witness, Beis-Din bring in the second one and cross-examine him. They then proceed to 'open bi'Zechus' - provided the testimony of the two witnesses tally.

(b)When 'Poschin bi'Zechus', they assure the accused that if he did not sin, he has nothing to be afraid of.

(c)They silence one of the ...

1. ... Talmidim who wishes to say something - if it is to prove the accused guilty.

2. ... witnesses who wishes to make a statement - even if it is to prove him innocent.

(d)We learn the latter ruling from the Pasuk in Mas'ei "ve'Eid (Echad) Lo Ya'aneh" - implying that a witness is prohibited from offering an opinion, even if it is li'Petur (See Tos. Yom-Tov).

10)

(a)If a Talmid wishes to make a statement in favor of the accused - Beis-Din take him from his seat and place him next to them ...

(b)... where he remains permanently in the event that it is accepted (See Tos. Yom-Tov). Otherwise, he remains only for the rest of the day (Ibid.).

(c)Beis-Din accept a statement of even the accused himself on his own behalf - provided it makes sense (See Tiferes Yisrael).

11)

(a)If Beis-Din find him innocent they send him home immediately. Otherwise, they close the proceedings until the next morning ...

(b)... to avoid transgressing Halanas Din (as we learned in the previous Perek).

(c)After Beis-Din have adjourned for the night - the Dayanim continue to discuss the case at home (See Tos. Yom-Tov) in pairs (Ibid.) throughout the night.

(d)They must ...

1. ... minimize - on their food.

2. ... refrain from - drinking wine at all.

12)

(a)When they reconvene the following morning, each Dayan declares - that he retains his opinion of yesterday li'Zechus or le'Chiyuv, respectively.

(b)The Mishnah forbids a Dayan who yesterday maintained that the accused was innocent to retract, but permits one who considered him guilty to now declare him innocent.

(c)If a Dayan errs in his declaration - the two Sofrim remind him as to what he said yesterday.

13)

(a)If they are unable to reach a unanimous decision, they take a count. If a majority declare the accused innocent they send him home. But if ...

1. ... eleven Dayanim declare him innocent, eleven guilty, and one doesn't know or ...

2. ... twenty-two Dayanim declare him either innocent or guilty and one doesn't know - they add two Dayanim and resume the deliberations ...

(b)... because a Dayan who doesn't know is not counted, leaving a Beis-Din with an even number, which is Pasul by Dinei Nefashos.

(c)If twelve Dayanim declare him guilty and eleven, innocent too - they add two Dayanim ...

(d)... since a majority of one is unable to rule that he is Chayav (as we already learned in the first Perek).

14)

(a)One keeps on adding two Dayanim at a time (See Tos. Yom-Tov) if one cannot arrive a clear decision up to - a maximum of seventy-one.

(b)If thirty-six then declare him innocent and thirty-five guilty, they send him home. In the reverse case - they carry on discussing the case until one of the Mechayvin ...

(c)... or one of the Mezakin relents.

(d)We did indeed learn earlier that a Dayan who holds innocent is forbidden to switch his opinion - but that only applies until the G'mar-Din, at which point he is permitted to do so (See Tos. Yom-Tov).

(e)And the reason that the Tana discuss specifically a case where one of the Mechayvin relents - in order to stress the side of Z'chus.