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Deuteronomy 17:6 - Multiple witnesses ensure justice?

Deuteronomy 17:6 - דברים 17:6

Hebrew Text

עַל־פִּי שְׁנַיִם עֵדִים אוֹ שְׁלֹשָׁה עֵדִים יוּמַת הַמֵּת לֹא יוּמַת עַל־פִּי עֵד אֶחָד׃

English Translation

At the mouth of two witnesses, or three witnesses, shall he that is worthy of death be put to death; but at the mouth of one witness he shall not be put to death.

Transliteration

Al-pi shnayim edim o shlosha edim yumat hameit lo yumat al-pi ed echad.

Hebrew Leining Text

עַל־פִּ֣י <b>׀</b> שְׁנַ֣יִם עֵדִ֗ים א֛וֹ שְׁלֹשָׁ֥ה עֵדִ֖ים יוּמַ֣ת הַמֵּ֑ת לֹ֣א יוּמַ֔ת עַל־פִּ֖י עֵ֥ד אֶחָֽד׃
עַל־פִּ֣י ׀ שְׁנַ֣יִם עֵדִ֗ים א֛וֹ שְׁלֹשָׁ֥ה עֵדִ֖ים יוּמַ֣ת הַמֵּ֑ת לֹ֣א יוּמַ֔ת עַל־פִּ֖י עֵ֥ד אֶחָֽד׃

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Parasha Commentary

The Requirement of Multiple Witnesses in Capital Cases

The verse (Devarim 17:6) establishes a fundamental principle in Jewish jurisprudence: capital punishment requires testimony from at least two valid witnesses. This law is rooted in the Torah's emphasis on justice and the gravity of taking a life. Rashi explains that the repetition of "witnesses" (שְׁנַיִם עֵדִים or שְׁלֹשָׁה עֵדִים) teaches that just as two witnesses are sufficient, three are also acceptable—but no additional legal weight is given to testimony beyond two witnesses.

Legal Safeguards Against False Testimony

The Rambam (Hilchot Edut 5:1) elaborates that this requirement serves as a safeguard against wrongful executions. A single witness cannot establish capital guilt because the Torah demands hakarot hatov (meticulous verification) in matters of life and death. The Talmud (Makkot 5b) further states that witnesses in capital cases undergo intense cross-examination (ḥakirah and derishah) to verify their testimony.

Theological and Ethical Implications

  • Divine Standard of Justice: The Midrash (Sifrei Devarim 149) connects this law to Hashem's attribute of justice, noting that even He does not act alone in judgment (e.g., the angels at Sodom).
  • Human Fallibility: The requirement acknowledges human limitations—as Ibn Ezra observes, one witness may err or conspire, whereas multiple witnesses provide corroboration.
  • Sanctity of Life: The phrase "לֹא יוּמַת עַל־פִּי עֵד אֶחָד" underscores the Torah's reverence for life—execution requires irrefutable evidence.

Halachic Nuances

The Talmud (Sanhedrin 9b) derives from this verse that witnesses must observe the entire act of a capital crime simultaneously (re'iyah be'ishtafcha). Additionally, the Mechilta (Mishpatim 20) notes this principle applies to all Torah-mandated deaths, whether by court (beit din) or divine agency (mitah bidei shamayim).

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Makkot 5b
The verse is cited in the discussion about the requirement of two witnesses for capital punishment, emphasizing the Torah's standard for evidence in death penalty cases.
📖 Sanhedrin 30a
This verse is referenced in the context of discussing the reliability and number of witnesses required for conviction in capital cases, underscoring the principle that a single witness is insufficient.
📖 Yevamot 122a
The verse is mentioned in a broader discussion about testimony and the legal principles governing witness credibility and numbers in various halachic contexts.

Frequently Asked Questions

Q: Why does the Torah require two or three witnesses for a death penalty?
A: The Torah requires at least two witnesses (and sometimes three) to establish a capital case to ensure the testimony is reliable and to prevent wrongful convictions. As Rashi explains, a single witness is insufficient because human testimony can be mistaken or biased. The requirement of multiple witnesses upholds justice and protects life, as the Talmud (Makkot 5b) discusses in detail.
Q: What is the significance of the phrase 'at the mouth of witnesses' in this verse?
A: The phrase 'at the mouth of witnesses' emphasizes that testimony must be spoken directly by the witnesses in court—not based on hearsay or written statements. The Rambam (Hilchot Edut 1:1) explains that witnesses must verbally testify before the judges to ensure clarity and allow for proper cross-examination, maintaining the integrity of the judicial process.
Q: Does this verse apply only to capital cases, or to other legal matters as well?
A: While this verse specifically discusses capital cases, the principle of requiring at least two witnesses applies to many areas of Jewish law, including financial disputes and certain prohibitions. The Talmud (Sanhedrin 30a) derives from this verse that two witnesses are generally required for testimony to be valid in Beis Din (Jewish court).
Q: Why does the verse mention both two and three witnesses? Isn't two enough?
A: The mention of both two and three witnesses teaches that while two are sufficient for a valid testimony (as the Talmud states in Sanhedrin 2a), three are even stronger. Some commentaries, like the Sifrei, suggest that three witnesses may be referenced to show that if a third witness contradicts the first two, the testimony is invalidated, ensuring greater scrutiny of evidence.
Q: How does this law apply in modern times when Jewish courts don't administer capital punishment?
A: Even though Jewish courts today do not carry out capital punishment, the principle of requiring multiple witnesses remains essential in halacha (Jewish law). For example, it applies to matters like marriage, divorce (Gittin), and business contracts. The Rambam (Hilchot Sanhedrin 14:11) explains that these standards preserve justice and truth in all areas of Torah law.