80. Testimony - Edus
Witnesses are commanded to testify in court, as it
says "And if he is a witness or saw or knew, if he does
not tell he bears his sin".1 It is forbidden to give
false testimony or testimony based on hearsay, as it says
"You shall not answer against your friend as a false
witness".2 If it is proved that witnesses gave false
testimony we are commanded to give them the same punishment that
the defendant would have received on the basis of their
testimony, as it says "If a wicked witness stands up
against a man... the judges shall investigate thoroughly,
and [if they find that] the witness is a false witness... you
shall do to him as he plotted to do to his brother".3
Judges are commanded to question witnesses carefully, as
it says "And you shall inquire and investigate and ask
thoroughly".4 Once testimony has been given in court or
put in writing it cannot be retracted.a
It is forbidden to base a verdict on the testimony of
a single witness, as it says "A single witness shall not
rise up against a man for any transgression or sin... [a
matter shall stand on the basis of two or three witnesses"].5
However, the presence of a single witness can compel a
defendant to take an oath; and rabbinically a single witness
suffices to establish that a man has died so that his
wife may remarry. A single witness is also believed
regarding [matters that do not require a court decision] unless
there are grounds to doubt him. A witness who testifies
in a capital case is forbidden to discuss the case in
court, as it says "And one witness shall not answer
against a person who is to die"6; and even in a civil
case a witness is not allowed to serve as a judge except
in a matter of rabbinical law.b
Testimony cannot be accepted from women, children,
or persons who are blind or not in full possession of their
mental faculties; from sinners [as it says "You shall not
set your hand with an evil man to be a wicked witness"7];
from ignoramuses unless they are known to be righteous;
from relatives [as it says "Fathers shall not die because
of sons"8]; or from persons who could derive benefit from
the verdict. (All such persons are also disqualified from
being judges. A proselyte, an old man, a
eunuch, a person blind in one eye, a bastard, and a friend
or enemy of the defendant are also disqualified from being judges
in capital cases.) Testimony must be given orally; but in
purely monetary matters (not involving fines) written
testimony can be accepted.c
Sources: |
| 1. Lev. 5:1 |
a. 1:1,4; 3:5-6; 17:1; 18:1 |
| 2. Ex. 20:16; Deut. 5:17 |
b. 5:1-2,8-9; 11:7 |
| 3. Deut. 19:16-19 |
c. 3:4; 9:1; 10:1; 11:1-2; 13:1; 15:1; 16:6 |
| 4. Deut. 13:14 |
|
| 5. Deut. 19:15 |
|
| 6. Num. 35:30 |
|
| 7. Ex. 23:1 |
|
| 8. Deut. 24:16 |
|
