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Numbers 35:30 - Two witnesses ensure justice?

Numbers 35:30 - במדבר 35:30

Hebrew Text

כָּל־מַכֵּה־נֶפֶשׁ לְפִי עֵדִים יִרְצַח אֶת־הָרֹצֵחַ וְעֵד אֶחָד לֹא־יַעֲנֶה בְנֶפֶשׁ לָמוּת׃

English Translation

Whoever kills any person, the murderer shall be put to death by the mouth of witnesses: but one witness shall not testify against any person to cause him to die.

Transliteration

Kol-makeh-nefesh lefi edim yirtzach et-ha-rotzeach ve-ed echad lo-ya'aneh ve-nefesh lamut.

Hebrew Leining Text

כׇּ֨ל־מַכֵּה־נֶ֔פֶשׁ לְפִ֣י עֵדִ֔ים יִרְצַ֖ח אֶת־הָרֹצֵ֑חַ וְעֵ֣ד אֶחָ֔ד לֹא־יַעֲנֶ֥ה בְנֶ֖פֶשׁ לָמֽוּת׃
כׇּ֨ל־מַכֵּה־נֶ֔פֶשׁ לְפִ֣י עֵדִ֔ים יִרְצַ֖ח אֶת־הָרֹצֵ֑חַ וְעֵ֣ד אֶחָ֔ד לֹא־יַעֲנֶ֥ה בְנֶ֖פֶשׁ לָמֽוּת׃

🎵 Listen to leining

Parasha Commentary

Legal Requirements for Capital Cases

The verse (Bamidbar 35:30) establishes two fundamental principles in Jewish law regarding capital punishment:

  • Requirement of Multiple Witnesses: The phrase "by the mouth of witnesses" teaches that a murderer may only be convicted based on the testimony of at least two valid witnesses (Sanhedrin 37b). Rashi explains that this excludes circumstantial evidence or a single witness, emphasizing the gravity of taking a life.
  • Prohibition of Single Testimony: The Torah explicitly states "one witness shall not testify" to impose the death penalty. Rambam (Hilchot Rotzeach 4:7) derives from this that even if one witness provides crucial testimony, it cannot suffice for capital punishment.

Philosophical Underpinnings

The Talmud (Makkot 7a) notes the extraordinary caution required in capital cases, as human life is sacred. The requirement for multiple witnesses serves as a safeguard against wrongful execution. The Midrash (Sifrei Bamidbar 161) connects this to the concept that every person is created b'tzelem Elokim (in God's image), making the taking of life an exceptionally grave matter that demands absolute certainty.

Procedural Details

Halachic authorities elaborate on the implications:

  • Witnesses must be kosher - meeting all Torah qualifications (Shulchan Aruch Choshen Mishpat 34)
  • They must testify to both the act and the warning (hatra'ah) given immediately prior (Sanhedrin 40b)
  • The court must conduct thorough cross-examination (bedikah u'chakirah) of all witnesses (Rambam, Hilchot Sanhedrin 12:3)

Contemporary Application

While the Sanhedrin no longer functions to administer capital punishment, these principles remain foundational in Jewish jurisprudence. The Talmud (Makkot 7a) states that any court that executes once in seventy years is considered "destructive," reflecting Judaism's profound reverence for life and the extreme caution required before taking human life, even when legally sanctioned.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Makkot 5b
The verse is discussed in the context of the requirement for two witnesses in capital cases, emphasizing that a single witness cannot suffice to impose the death penalty.
📖 Sanhedrin 37b
The verse is referenced to underscore the principle that capital punishment requires the testimony of at least two witnesses, aligning with the Torah's stringent evidentiary standards.

Frequently Asked Questions

Q: What does Numbers 35:30 teach about witnesses in a murder case?
A: Numbers 35:30 teaches that a murderer can only be convicted and sentenced to death based on the testimony of at least two valid witnesses (עֵדִים). A single witness (עֵד אֶחָד) is insufficient to impose the death penalty. This law emphasizes the Torah's strict standards for justice, as explained in the Talmud (Makkot 7a) and codified by Rambam (Hilchot Rotzeach 4:1).
Q: Why does the Torah require two witnesses for capital punishment?
A: The Torah requires two witnesses to ensure absolute certainty before imposing the death penalty, as human life is sacred. Rashi (on this verse) notes this prevents wrongful executions. The Talmud (Sanhedrin 37b) further explains that this safeguards justice, as two witnesses allow for thorough cross-examination (חֲקִירָה וְדְּרִישָׁה) to verify their testimony.
Q: How does Numbers 35:30 apply to Jewish courts today?
A: While Jewish courts (בֵּית דִּין) no longer administer capital punishment, the principle of requiring two witnesses remains central to halacha. Rambam (Hilchot Edut 5:1) rules that two witnesses are required for any monetary or punitive case. This standard protects individuals from false accusations, reflecting the Torah's enduring value of justice (צֶדֶק).
Q: What can we learn from the phrase 'by the mouth of witnesses' in this verse?
A: The phrase 'by the mouth of witnesses' (לְפִי עֵדִים) teaches that witnesses must verbally testify in court—not through written statements or hearsay. The Talmud (Sanhedrin 30b) derives from this that witnesses must personally appear before judges. This ensures transparency and the opportunity for proper interrogation, as emphasized by Rashi and Rambam (Hilchot Sanhedrin 12:3).