Daily Rambam (1) Eidus Chapter 18: Eid Zomeim-The punishment of a false witness (Shabbos, 7th Teves)

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Chapter 18: Eid Zomeim-The punishment of a false witness

Halacha 1: The retribution given to a false witness

  • Whoever testified falsely and is known to have testified falsely, is considered an Eid Zomeim and is liable to have done to him whatever he wanted to do to his fellow.
  • This retribution is a positive command of the Torah.
  • Capital punishment: For example, if his testimony would’ve deemed the defendant liable for capital punishment than he is now liable for capital punishment.
  • He is liable for whatever form of capital punishment the defendant would have been liable for, whether stoning, strangulation, burning, or beheading.
  • Lashes: If his testimony would’ve deemed the defendant liable for lashes, then he is to have lashes given to him, in accordance to his stamina and capability.
  • Monetary payment: If his testimony would’ve deemed the defendant liable for payment, then he is required to pay that amount to the defendant.
  • Splitting the cost: Each false witness is to split the amount of money between them, [and hence if two false witnesses would’ve made the defendant liable to pay $1000 due to their testimony, then each is to pay $500].

Halacha 2: Determining false testimony and liability for retribution

  • Not all testimony which is deemed invalid due to being false, is under the definition of an Eid Zomeim which becomes liable for the above retribution. There is a difference in this regard between Hakchasha and Hazama.
  • Hakchasha-A group of witnesses contradict the testimony of the original witnesses: If a second group of witnesses comes along and testifies to the contrary of what the first group of witnesses testified, the first group of witnesses are not deemed as false, as we have no way of knowing which group of witnesses are telling the truth.
  • For example, if the first group of witnesses say that someone did such and such, and a second group of witnesses say that so-and-so did not do such and such, then no group of witnesses here are considered false.
  • Hazama-A group of witnesses testify that the original witnesses did not witness anything: If a second group of witnesses comes along and testifies that they have no idea what happened, but they know for certain that these two witnesses in the first group did not see what they are testifying about being that they were with them on that day, then the first group of witnesses are deemed as false and are liable for retribution.
  • For example, if the first group of witnesses say that someone borrowed money or killed an individual, and a second group of witnesses say that they have no idea what happened, but the first two witnesses definitely did not see it being that there with them throughout that whole day, then the first group of witnesses are considered false.
  • If however in this exact case the second group of witnesses explicitly contradict the testimony of the first two witnesses and state that there was no lending that took place or that there was no murder that took place being that they were altogether that day, then the first group of witnesses are not liable for retribution being that they contradicted the actual testimony and not just the witnesses themselves.

Halacha 3: The Torah chose to believe the last group of witnesses

  • There in truth there is no logic for why we choose to believe the last group of witnesses over the first group of witnesses, and this matter is a scriptural decree.
  • If the first group contains more witnesses than the second: The last group of two witnesses is always believed even if the first group of witnesses contain many more witnesses than their group.
  • Thus, if 100 witnesses testified regarding a certain matter and then two witnesses came and said that all hundred of them were with them on that day, then all 100 are considered false witnesses and liable for retribution.
  • The same applies regarding witnesses who contradict each other’s testimony, that we do not follow the majority and even 100 witnesses has the same power as two.

Halacha 4: No warnings required for liability of retribution

  • Although in general a person must be warned prior to becoming liable for punishment, false witnesses do not need to be warned before hand.
  • Hazama after Hakchasha: If a second group of witnesses contradicted the testimony of the first group of witnesses, and then a third group of witnesses came and stated that the first group of witnesses were with them on that day, then the first group is still liable for retribution even though their testimony was already deemed invalid by the second group.

Halacha 5: In the presence of the false witnesses

  • Hazama: In order to deem false witnesses liable for retribution, the contradictory testimony of the second group must take place in the presence.
  • Hakchasha: Nonetheless, the testimony of a second group of witnesses to invalidate their testimony through contradicting their testimony, is not required to take place in their presence.

Halacha 6: If the murder victim walks into court

  • A first group of witnesses which had their testimony thrown out of court due to having a second group of witnesses contradict their testimony, does not become liable for retribution even if it becomes determined without a shadow of a doubt that they lied, such as if the murder victim that they testified that was killed actually walks into the courtroom.
  • Lashes: They are not even liable for lashes for transgressing the prohibition of false testimony. Nonetheless, the court can impose a penalty of rabbinical lashes as they see appropriate.

Halacha 7: Announcing the identity and punishment of the false witnesses

  • Witnesses who were found to have testified falsely and became liable for retribution, must have their identity and transgression announced to the public. Letters of their guilt are to be sent to every city, stating their names and the retribution that they received for their false testimony.

Halacha 8: If the witnesses confess to fabricating the testimony

  • Witnesses who confess to having fabricated their testimony are not liable for retribution.
  • They are not even held liable for paying the defendant the sum of money that they desire to cause him to lose.

However, if they confess in front of a second court having been found liable for retribution in the first court, then they must pay the money.

About The Author

Rabbi Yaakov Goldstein is a 6th generation descendent of the famous Chief Rabbi of Izhmir, Rav Yehoshua Avraham Krispin, who authored a number of Sefarim, and was a colleague of Rav Chaim Falagi, and father in-law of the Pesach Hadvir. He currently lives with his wife Shayna, and twelve children K”H, in Tzfas, Israel. Rabbi Goldstein received Semicha from Rabbi Schneur Zalman Labkowski of the Tomchei Temimim headquarters in 2005 and served as a chaplain in the Lotar/Kalatz and K9 unit of the IDF from years 2005-2008. He is also a certified Shochet, and has performed Hashgacha work in slaughterhouses. Rabbi Goldstein is the director of Shulchanaruchharav.com, the world’s leading web-based Halacha database, and is the director of the Home Study Semicha Program, a self-study web-based Semicha program. He is a prolific author of over 50 Sefarim studied by a wide range of readers throughout the world, which is used regularly in Semicha programs around the globe. He is a world renowned Posek, answering questions to a web-based market, and serves as a local Posek, Rav, and Lecturer, in the Tzemach Tzedek community Shul in Tzefas, Israel. His many classes can be heard both from his website, Vimeo and YouTube channel. Students can join live to classes given in the Tzemach Tzedek Shul, through the “בית חבד צפת Chabad Tsfat” YouTube channel.