Chapter 20: Punishment of False Witnesses and Rules of Hazamah
Halacha 1 – Conditions for Punishing False Witnesses
False witnesses are not executed, lashed, or fined unless:
- Both were fit to testify.
- Both were disqualified through hazamah after judgment was rendered. If only one was disqualified, or disqualification occurred before judgment, or one was invalid due to family ties or other reasons, they are not punished—though they remain disqualified for future testimony.
Halacha 2 – If Sentence Already Carried Out
If the accused was executed before hazamah, the witnesses are not executed (Deut. 19:19 – “as they conspired,” not “as was done”).
- If the accused was lashed, they are lashed.
- If money was wrongly transferred, it is returned, and the witnesses pay the penalty.
Halacha 3 – Large Groups of Witnesses
If many witnesses testify consecutively:
- If testimonies follow immediately, punishment applies only when all are disqualified.
- If there is a pause longer than greeting a teacher, testimonies are split; only the disqualified pair is punished.
Halacha 4 – Affirming Testimony
A witness who says “Yes, this is what happened” after another testified is considered as having testified fully and is punished if disqualified through hazamah.
No concept of inadvertent sin applies; no warning is required.
Halacha 5 – Disqualifying Multiple Groups
Two witnesses can disqualify 100 groups through hazamah, even if each group testifies separately. All disqualified groups are punished.
Halacha 6 – Chain of Hazamah
If groups disqualify each other in sequence:
- First group disqualified → first group executed, accused saved.
- Second group disqualified → second group and accused executed, first group saved.
- Pattern continues: one group’s testimony stands; others are punished.
Halacha 7 – Testimony About a Terefah
If witnesses testify against someone who is a terefah (terminally ill) and are disqualified, they are not executed—since even if they killed him, they would not be liable.
Halacha 8 – Non-Capital, Non-Financial Cases
If witnesses cause conviction in cases without lashes, death, or money (e.g., declaring a priest a challal, accidental killing, ox killing, Hebrew servant sale), and are disqualified, they receive lashes. These rulings are Oral Tradition.
Halacha 9 – Causing Wrongful Verdicts
If witnesses cause a righteous person to be condemned and a wicked person vindicated, and are disqualified, they receive lashes—even if the verdict did not involve lashes.
If they testified about eating milk and meat or wearing shaatnez, they are punished “as they conspired.”
Halacha 10 – Different Penalties
If witnesses testified that Reuven committed adultery with a priest’s daughter (punishable by strangulation and burning), and are disqualified, they are executed by strangulation—not burning. This is Oral Tradition.
