Chapter 5: The Testimony of a Single Witness and When a Witness Serves as a Judge
Halacha 1: The Testimony of a Lone Witness
- Not Valid for Verdicts: A lone witness’s testimony cannot be used in court to render a verdict.
- This rule applies to both civil and capital cases.
- Valid for Imposing Oaths: However, a single witness can provide enough grounds for the court to require the other party to take an oath.
Halacha 2: Exceptions Where a Lone Witness Is Accepted
- There are two instances where Torah law allows the testimony of just one witness:
- In cases involving a Sotah (suspected unfaithful wife).
- In cases of Egla Arufa (the ritual involving an unsolved murder).
- Sotah Law: For a Sotah, a single witness’s testimony of adultery is sufficient to prevent her from drinking the bitter waters.
- Egla Arufa Law: If a lone witness testifies to seeing the murderer in an unsolved case, the ritual killing of the calf is avoided.
- Testifying to a Husband’s Death: Rabbinic law also accepts the testimony of a single witness regarding a woman’s husband’s death, allowing her to remarry.
Halacha 3: Accepting Testimony From Otherwise Invalid Witnesses
- Whenever the testimony of a single witness is permissible, women and others deemed generally invalid may testify as well.
- Forcing an Oath Exception: The only exception is when imposing an oath; in this case, only a valid witness may prompt the oath.
Halacha 4: Impact of an Invalid Witness Among Multiple Witnesses
- If even one member of a group of witnesses is found to be invalid (for example, due to being a relative), the entire testimony of that group is rendered invalid.
- This holds true for both financial and capital cases.
- If Not All Were Testifying: This annulment applies only if all intended to testify. If invalid witnesses were simply observers at the scene but did not intend to testify, the group’s testimony remains acceptable.
Halacha 5: Separating Invalid Witnesses From the Group
- The court can separate valid from invalid witnesses by asking who specifically witnessed the event with the intention to testify. Those grouped together without any invalids form a valid unit, even if others present were invalid witnesses.
- If both groups contain only valid witnesses, all their testimonies are accepted.
Halacha 6: An Invalid Witness Signing a Document
- If a document has several witness signatures and one is found to be invalid, the document is considered faulty if it’s established that the invalid person was part of the main witness group. Without such evidence, the document stays valid, assuming the invalid signature was added independently.
Halacha 7: The First Signature Is Invalid
- Even if the first signatory on a document is later found to be invalid, the document remains valid unless it’s proven the invalid witness was part of the official group.
Halacha 8: A Witness Cannot Also Be a Judge in the Same Case
- Capital Cases: Someone who witnessed a capital crime cannot serve as a judge or argue the case’s merits.
- Civil Cases: The same rule applies to monetary cases, but in these, the witness may still argue points for or against the defendant.
Halacha 9: Exceptions Where Testimony Isn’t Required Biblically
- The restriction against a witness serving as a judge only applies where biblical law requires multiple witnesses. If testimony is only needed by rabbinic decree, a witness may also act as a judge.
- For instance, someone who delivers a Get (Jewish divorce document) from overseas can both attest to its validity and serve on the tribunal that presents it to the wife.
