Hilchos Eidus

Chapter 1: The Laws of Witnesses – Principles of Testimony and Judicial Interrogation

Overview:

This chapter introduces eight mitzvot related to testimony—three positive and five negative. It explains the obligation to testify, the process of questioning witnesses, and the principles that ensure justice through accurate and thorough testimony.

Eight Mitzvot in This Section

1. Positive: A person who knows testimony must testify in court.
2. Positive: Judges must question and interrogate witnesses.
3. Positive: A witness in a capital case may not serve as a judge in that case.
4. Negative: Do not rule based on one witness.
5. Negative: Do not accept a transgressor as a witness.
6. Negative: Do not accept a relative as a witness.
7. Negative: Do not testify falsely.
8. Positive: Punish a false witness (ed zomem) as he intended for the accused.

Halacha Summaries with Headings

Halacha 1 – Obligation to Testify

Anyone who knows relevant testimony must testify—whether it incriminates or vindicates.

• Applies to financial cases only when summoned.
• Source: Leviticus 5:1 – “If he does not testify, he will bear his sin.”

Halacha 2 – Exception for Great Scholars

A Torah scholar of high stature may refrain from testifying in financial cases before lesser judges to preserve Torah honor.

• Exception: In cases of prohibitions, lashes, or capital punishment, he must testify—honor does not override preventing desecration of God’s name.

Halacha 3 – High Priest

The High Priest is exempt from testifying except in matters involving a king, where he must testify before the Supreme Sanhedrin.

Halacha 4 – Positive Commandment to Question Witnesses

Judges must interrogate witnesses thoroughly (derishot and chakirot), diverting topics to detect inconsistencies.

• Source: Deut. 13:15 – “You shall inquire and research thoroughly.”
• Seven universal questions:
  1. Which seven-year cycle?
  2. Which year?
  3. Which month?
  4. Which day of the month?
  5. Which day of the week?
  6. What time?
  7. Which place?
• Plus fundamental questions about the act (e.g., which idol, which labor, what food, what weapon).

Halacha 5 – Essence of Testimony

Core questions (derishot and chakirot) define time, place, and act—essential for liability and for refuting testimony through hazamah (proving witnesses were elsewhere).

Halacha 6 – Additional Questions (Bedikot)

Judges should ask many secondary questions unrelated to the essence of the act to test consistency.
Examples:

• What were the clothes’ colors?
• Was the ground white or red?
• Were the figs black or white?
• The more bedikot, the more praiseworthy the judge.

Key Takeaways

• Duty to testify: Silence when summoned is a sin.
• Honor vs. truth: Torah honor yields to preventing desecration.
• Judicial diligence: Questioning must be deep and varied to uncover truth.
• Structure of interrogation: Core questions (time, place, act) + secondary questions for consistency.
• Integrity of justice: Thorough examination ensures fairness and prevents false testimony.