Jerusalem Talmud Sanhedrin 3:3

משנה: זֶה פּוֹסֵל עֵדָיו שֶׁל זֶה וְזֶה פּוֹסֵל עֵדָיו שֶׁל זֶה דִּבְרֵי רַבִּי מֵאִיר. וַחֲכָמִים אוֹמְרִים אֵימָתַי בִּזְמַן שֶׁהוּא מֵבִיא עֲלֵיהֶם רְאָייָה שֶׁהֵן קְרוֹבִים אוֹ פְּסוּלִין. אֲבָל אִם הָיוּ כְשֵׁרִים אוֹ מוּמְחִין מִפִּי בֵית דִּין אֵינוֹ יָכוֹל לְפוֹסְלָן׃ MISHNAH: Each of them disqualifies the other’s witnesses, the words of Rebbi Meïr. But the Sages say, when is this? If he brings proof that they are relatives⁵Anybody not acceptable as a witness in a case is unacceptable as a judge; cf. Sanhedrin 3:6:1" href="/Jerusalem_Talmud_Sanhedrin.3.6.1">Mishnah 7. or disqualified⁶A felon or a person disqualified under the rules of Sanhedrin 3:5:1" href="/Jerusalem_Talmud_Sanhedrin.3.5.1">Mishnah 6.. But if they are unexceptionable or qualified by the court⁷He passed bar examinations. he cannot disqualify them.

הלכה: זֶה פּוֹסֵל עֵדָיו שֶׁלָּזֶה כול'. רֵישׁ לָקִישׁ אָמַר. כֵּינִי מַתְנִיתָא. עֵדוֹ. הָא עֵידָיו לֹא. וְרִבִּי יוֹחָנָן אָמַר. אֲפִילוּ עֵדָיו. דְּתַנֵּי. לְעוֹלָם מוֹסִיפִין דַּייָנִים עַד שֶׁיִּיגָּמֵר הַדִּין וְהַדַּייָנִין יְכוֹלִין לַחֲזוֹר בָּהֶן. נִגְמַר הַדִּין אֵין יְכוֹלִין לַחֲזוֹר בָּהֶן. מוֹדֶה רִבִּי יוֹחָנָן שֶׁאִם אֵין שָׁם אֶלָּא הֵן שֶׁאֵין יְכוֹלִין לְפוֹסְלָן. אָמַר זְעִירָה. וְהוּא וְאֶחָד מִן הַשּׁוּק מִצְטָֽרְפִין לִפְסוֹל עֵדוּת זֶה. רִבִּי חֲנִינָה בָעֵי. וְאֵין עֵד אֶחָד זוֹקְקוֹ לִשְׁבוּעָה מִכָּל מָקוֹם. אָמַר רִבִּי זְעִירָא. פָּסוּל צָרִיךְ לִיפָּסֶל בְּבֵית דִּין. קָרוֹב אֵין צָרִיךְ לִיפָּסֶל בְּבֵית דִּין. אָמַר רָבָא בַּר בִּינָא בְשֵׁם רַב. שְׁלֹשָׁה כִגְמַר דִּין. HALAKHAH: “Each of them disqualifies the other’s witnesses,” etc. Rebbi Simeon ben Laqish said, so is the Mishnah: “His witness,” but not his witnesses²⁰Since a single witness is never decisive, one of the parties can claim that a single witness appearing for one of the parties was unacceptable as a witness (Sanhedrin 3:5:1" href="/Jerusalem_Talmud_Sanhedrin.3.5.1">Mishnah 6) without presenting formal proof. But if two witnesses are appearing together, only formal proof of ineligibility is admissible since “two or three witnesses are sufficient to confirm anything” (Deuteronomy.19.15">Deut. 19:15).. But Rebbi Joḥanan said, even his witnesses²¹Even the credibility of a pair of witnesses can be attacked, under the conditions spelled out later in the Halakhah., as it was stated²²It seems that a text similar to Sanhedrin 6:5-6" href="/Tosefta_Sanhedrin.6.5-6">Tosephta 6:4 is intended. That Tosephta states first that “One always may add judges until judgment is rendered.” If after hearing the case, the arbitration panel is split, one judge voting for each side, but the third cannot decide how to vote, then each of the parties has to select an additional judge. In case of an evenly split court one always adds two new judges until a majority verdict is reached. After a lengthy discussion of the deadlines to be imposed for the presentation of witnesses, the Tosephta concludes: “Witnesses can always change their testimony before being cross-examined; after they were cross-examined they can no longer change their testimony; this is a matter of principle.” R. Johanan holds that as long as witnesses may change their testimony, their credibility can be attacked.: “One always adds judges until judgment is rendered, and the judges may change their opinions. After judgment is rendered they may no longer change their opinions.” Rebbi Joḥanan agrees, that if these were the only ones²³If the other side’s case depends on the testimony of one pair of witnesses, the other party has a monetary interest in seeing them disqualified. Therefore, the party to the dispute is barred from appearing as a witness against any of the witnesses since his testimony would be tainted (Sanhedrin.23b">Babli 23b)., he cannot disqualify them. Zeˋira said, he and a person from the street can team up to disqualify this testimony²⁴Zeˋira (in the Babli he is called Zeˋiri) explains what it means that “a party to a suit may disqualify the other side’s witness.” He and another witness may appear before the permanent communal court as witnesses to ask for a judgment which will disqualify the witness for the other side. Even if the other side has alternative witnesses, one should disqualify the party as a tainted witness. He is admitted only because the opposing party, by presenting a multitude of witnesses, cast doubt on the reliability of their own witnesses.. Rebbi Ḥanina asked, does not one witness force an oath everywhere²⁵Since Deuteronomy.19.15">Deut. 19:15 spells out that “a single witness is insufficient for any conviction,” instead of saying that “a single witness is unacceptable,” it follows that a single witness is acceptable for anything short of a conviction. In money matters this implies that a single witness to a claim can force a party to swear to dispute the claim (Sifry Deut. 188; Ketubot.87b">Babli Ketubot 87b).? Rebbi Zeˋira said, by disqualification one can only be disqualified by a court²⁶Only a permanent communal court is qualified to bar a person from being a witness, based on Sanhedrin 3:6:1" href="/Jerusalem_Talmud_Sanhedrin.3.6.1">Mishnah 7.. A relative does not have to be disqualified by the court²⁷A person can be an acceptable witness for anybody but his close relatives. This case of disability is a matter of showing facts; it does not need the formal proclamation of a court.. Rava bar Binah said in the name of Rav: Three are like final judgment²⁸This has nothing to do with the Mishnah; it refers to the Tosephta quoted earlier, Sanhedrin 3:3:2" href="/Jerusalem_Talmud_Sanhedrin.3.3.2">Note 22. As soon as a verdict is reached, one can no longer add judges. A verdict is rendered by three voting judges..