Makos 5b

1. We mentioned the shitah of Rabbi Yehudah, that if a pair  [A] witnesses testify and new witnesses  [B]  come along are are mazim the [A} , and then another set [C] comes along and testifies exactly as the first set [A], and they too are contradicted by [B], neither [A] or [C] are considered Eidim Zomimin. This is because we assume that this [B] is a set of plotters who have conspired to discredit anyone who testifies against the accused. 

 The questions was asked, at the end of the day the Torah says that if a set [B] of witnesses  comes and says “you were with us at the same time as you say the eidus about the other person” they [A] are considered Eidim Zomemin, so who cares how many more sets [C-Z] of witnesses contradict them? They should all be considered Eidim Zomemin? 

 We answered that what Rabbi Yehdah means to say is that once there are many sets [C, D ..] coming and saying the same thing, and the same two people [B] are refuting all of them, then this is not going to be a din in Eidus, but rather a separate din that when Beis Din sees something fishy they cancel the entire case.

 2. The Gemara mentions the famous rule regarding Eidim Zomemin “Ka’asher Zomom, Vlo Kasher Asah” if the verdict was already carried out on the defendant the Edim Zomemin do not get punished. 

 Surprisingly the Rambam seems to learn that the Gemara only uses this rule regarding death and does not pertain to Malkus or money. The obvious question is, nowhere in the Gemara does it mention this distinction, thus where did the Rambam get  this differentiation. The question is so strong the the Raavad on this Halacha proclaims that the Rambam made a big mistake. 

The Kesef Mishnah (By Reb Yosef Karo English, Hebrew author of Shulchan Aruch) first tries to say that regarding money you can always return the money therefore there is no “Kasher Asah”, but this would only answer regarding money and not regarding Malkus?

He therefore gives two answers:

1.  Since judgment is ultimately in God’s hands, had the executed party not been guilty, God would not have allowed him to be executed by a proper Beis Din. Hence the lying witnesses need not be punished by humans. They will be dealt with by God himself.  

2. That the punishments inflicted by the courts are not goals in their own right, but means to bring a person to atonement. The sin of causing a human being to die exceptionally severe. It is not fitting to give these lying witnesses, who caused a person to be executed, the opportunity to achieve such atonement.

Attached please find the Rambam with the Kesef Mishnah.