Deuteronomy 19:15 - Two witnesses establish truth?

Deuteronomy 19:15 - דברים 19:15

Hebrew Text

לֹא־יָקוּם עֵד אֶחָד בְּאִישׁ לְכָל־עָוֺן וּלְכָל־חַטָּאת בְּכָל־חֵטְא אֲשֶׁר יֶחֱטָא עַל־פִּי שְׁנֵי עֵדִים אוֹ עַל־פִּי שְׁלֹשָׁה־עֵדִים יָקוּם דָּבָר׃

English Translation

One witness shall not rise up against a man for any iniquity, or for any sin, in any sin that he may commit: at the mouth of two witnesses, or at the mouth of three witnesses, shall the matter be established.

Transliteration

Lo-yakum ed echad be'ish lechol-avon ulechol-chatat bechol-chet asher yecheta al pi shnei edim o al pi shlosha-edim yakum davar.

Hebrew Leining Text

לֹֽא־יָקוּם֩ עֵ֨ד אֶחָ֜ד בְּאִ֗ישׁ לְכׇל־עָוֺן֙ וּלְכׇל־חַטָּ֔את בְּכׇל־חֵ֖טְא אֲשֶׁ֣ר יֶֽחֱטָ֑א עַל־פִּ֣י ׀ שְׁנֵ֣י עֵדִ֗ים א֛וֹ עַל־פִּ֥י שְׁלֹשָֽׁה־עֵדִ֖ים יָק֥וּם דָּבָֽר׃

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Parasha Commentary

The Requirement of Multiple Witnesses in Jewish Law

The verse (Devarim 19:15) establishes a fundamental principle in Jewish jurisprudence: testimony in capital or monetary cases requires at least two witnesses to be valid. This halachic standard is rooted in the Torah's emphasis on justice and preventing false accusations.

Rashi's Explanation

Rashi comments that the phrase "לֹא־יָקוּם עֵד אֶחָד" ("one witness shall not rise up") teaches that a single witness cannot establish guilt in court, whether for capital cases or financial matters. The repetition of "for any iniquity or for any sin" comes to include all types of transgressions - whether intentional (עָוֺן) or unintentional (חַטָּאת).

Maimonides' Legal Codification

In Hilchot Edut (Laws of Testimony 5:1), the Rambam rules that this verse establishes the requirement of hazamah - that witnesses must be able to be cross-examined together about the time and place of the alleged offense. This prevents contradictory testimony and ensures reliability.

Talmudic Analysis

  • The Gemara (Makkot 5b) derives from "עַל־פִּי שְׁנֵי עֵדִים" that witnesses must testify orally before the court - written testimony is invalid.
  • Sanhedrin 30a explains that while two witnesses are sufficient, three are mentioned to teach that if one witness is found to be a zaken mamre (rebellious elder), the remaining two can still establish the matter.

Midrashic Insight

The Sifrei (Devarim 188) connects this verse to the earlier passage about cities of refuge, teaching that just as careful judicial procedure is required for capital cases, so too must we be meticulous in all legal matters to avoid wrongful convictions.

Practical Implications

This principle impacts many areas of halacha:

  • Courts cannot convict based on circumstantial evidence or a single witness
  • The requirement applies equally to both prosecution and defense witnesses
  • This safeguard protects individuals from being wrongfully punished based on unreliable testimony

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Sanhedrin 30a
The verse is cited in the discussion about the requirement of two or three witnesses for establishing a matter in Jewish law, particularly in cases of capital punishment.
📖 Makkot 5b
The verse is referenced in the context of discussing the laws of witnesses and the necessity of multiple witnesses for conviction.
📖 Ketubot 22b
The verse is mentioned in a discussion about the reliability of witnesses and the conditions under which their testimony is accepted.

Frequently Asked Questions

Q: What does Deuteronomy 19:15 mean?
A: Deuteronomy 19:15 teaches that a single witness is not sufficient to establish guilt in a Jewish court (Beit Din). At least two or three credible witnesses are required to confirm a matter, ensuring fairness and preventing false accusations. This principle is fundamental in Jewish law (Halacha) and is derived from the Torah itself.
Q: Why is the testimony of two witnesses required in Jewish law?
A: The requirement of two witnesses (or more) ensures greater reliability in legal matters, as one witness alone could be mistaken or biased. The Talmud (Makkot 5b) explains that this safeguards justice by preventing wrongful convictions. Additionally, Rashi notes that multiple witnesses provide a stronger basis for establishing the truth in accordance with Torah law.
Q: Does Deuteronomy 19:15 apply only to court cases?
A: While the verse primarily refers to judicial proceedings, the principle extends to other areas of Halacha. For example, the Rambam (Hilchot Edut 5:1) states that two witnesses are also needed for matters like establishing the new month (Kiddush HaChodesh) or certifying a divorce (Get). The rule emphasizes the importance of verified testimony in all serious matters.
Q: What can we learn from Deuteronomy 19:15 today?
A: This verse teaches the importance of fairness, due process, and avoiding rash judgments based on a single account. Jewish tradition (Pirkei Avot 1:9) also warns against accepting unverified reports. In daily life, this encourages us to seek multiple perspectives before forming conclusions about others.
Q: Are there exceptions to the two-witness rule in Jewish law?
A: Generally, no—the Torah's requirement is strict. However, certain rabbinic enactments (like accepting testimony for ritual matters where Torah law is more lenient) may rely on a single witness in limited cases (see Talmud, Gittin 2b). But for capital or severe monetary cases, the Torah's standard of two witnesses remains absolute.