#*#*#*#*#*#*#*#*#*# (C) Dr Hendel, 2000 *#*#*#*#*#*#*#*#*#*#*#*#*#*
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VERSE: Dt19-18b
RULE: (a) At least 2 witnesses are needed in judicial matters
relating to crimes with death penalties or monetary matters.*1
(b) However one witness suffices in matters of doubt, oaths
and in symbolic matters
There are only 10 classes of verses where witness is mentioned
EXAMPLES
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The following 3 verses explicitly state that 2 witnesses
are needed.They're all serious crimes with possible death penalties*2
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(1) Dt17-06 By 2 or 3 witnesses the felon(IDOLATER) will die
(2) Dt19-15b 1 witness is ineffective; 2-3 witnesses are needed*5
(3) Dt35-30 MURDERERS will be executed by witnesses
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Hence, in the following verses the word 'WITNESS' means '2 WITNESSES'*4
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(4) Ex20-16 Don't be a false WITNESS (ie don't join with someone else)
(5) Ex23-01 Don't join with a wicked person for WITNESS
(6) Ex22-12b Bring WITNESS (if an animal you were watching
was killed by accident)*5
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Only ONE witness is needed in the following 4 cases
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In SYMBOLIC matters only 1 witness is required*6
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(7) Gn31-44:53 "This monument is a witness to the treaty between us"
(8) Dt31-19 "The Torah is a witness against the Jews,if they sin"
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1 Witness is effective to create DOUBT *3
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(9) Nu05-13d "A married women suspected of an affair and there
is no witness (even 1) against her"*3 *5
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If 1 person denied UNDER OATH that he had testimony (even if
no other witness existed) he must still bring a sacrifice
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(10) Lv05-01 "..he sinned by denying under oath he was a witness"
NOTES
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*1 The word "witness", in such cases, means "witnesses" (the
same way the word "grass" refers not to 1 blade but many)
*2 In my opinion the main proof that 2 witnesses are needed
is the fact that 3 verses explicitly say so. The technical
method of derivation is called GENERALIZATION FROM SEVERAL
VERSES and is one of the methods of Rabbi Ishmael.
Several other proofs are available which are supportive
*2b In 2 verses the Bible uses the phrase "1 witness"
suggesting that the word "witness" by itself does
not necessaraly mean witness(Brought by the Talmud)
*2c Dt19-15 reads "1 witness is ineffective
for SIN & INIQUITY
in ANY SIN THEY DO"
This hints that 1 witness is effective for other matters
I would go further and point out to the PARTICULAR-
GENERAL FORM which indicates that the verse should
be generalized (GENERAL: "in any sin they do",
PARTICULAR: "for sin & iniquity")
*2d Notwithstanding, the above, are HINTS. The main proof
comes from the explicit statement of 3 verses.
*2e The above 3 verses ONLY deal with "sin and iniquity"
They do not deal with MONETARY matters. We learn that
monetary matters require 2 witnesses from the explicit
verse "You will have ONE judicial process (for both
monetary and capital crimes)"(Rambam Witnesses 3:1)
*3 Both "the women suspected of adultery" and "the murder
victim with unknown murderer" have their ceremonies
cancelled if 1 witness exists. However no convictions
(for adultery or murder) can take place unless there
are 2 witnesses.
This interpretation of Nu05-13 is explicitly stated by
the Rambam Sotah 1:14 "If EVEN 1 witness says the
women had an affair (THEN THERE IS NO DOUBT) and we
do NOT perform the ADULTEROUS WOMEN CEREMONY. We learn
this from the verse "..and he suspect his wife and (EVEN)
(ONE) a witness is not found against her" Thus if 1
witness was found we cancel the ceremony
*4 Note that the Talmudic rule "all biblical references to
'witness' without the phrase '1 witness' refers to
'witnesses'" is incorrect as seen by Nu05-13--the case
of the woman suspected of adultery. Thus the rule has
to be slightly reworded to make it correct We have to say
"WITNESS in crimes means 2 witnesses; WITNESS in
other matters(oaths, doubts) means 1 WITNESS"
This is based on the Rambam Sotah 1:14 who EXPLICITLY
interprets A WITNESS IS NOT FOUND (in Nu05-13) to mean
even ONE WITNESS
*5 Rashi (note Rashi comments on both Dt19-15b Dt19-18b)
*6 Some students at the NR Yisroel academy suggested
a different approach to the above 10
They suggest that in matters of HUMAN WITNESS the word
WITNESS means 2; but in NON HUMAN WITNESS (like "The
TORAH witnesses against you") WITNESS can mean one.
They also point out that there are 2 opinions in the
Talmud on the efficacy of one witness against a married
woman. Thus it is POSSIBLE to interpret "..and he
was jealous of his wife and a WITNESS (ie 2 witnesses)
was not found"(Nu05-13)
The above interpretation of mine was based on the accepted
law that EVEN ONE WITNESS can cancel the adulterous women
ceremony. Rambam explicitly learns this from Nu05-13 in
Sotah 1:14. Furthermore ONE WITNESS can create Knowledge
in the suspected murder ceremony (Rambam Witnesses 5:1)
Thus it would appear that in matters of DOUBT the
word WITNESS means WITNESS. More can be said but I believe
we have covered all basic verses and principles.
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Volume 3 Number 4
#*#*#*#*#*#*#*#*#*# (C) Dr Hendel, 2000 *#*#*#*#*#*#*#*#*#*#*#*#*#*
Volume 3 Number 4