Rambam Mishneh Torah, Hilchos Eidus, Chapter 4: conditions for joining together the testimony of two witnesses

Halacha 1: Witnessing the event together and testifying together by capital punishment cases:

  • Witnessing the transgression together: Witnesses of a transgression that involves capital punishment must witness the transgression together.
    • For example, if each witness saw the event from a different window, then they do not join each other in their testimony unless they were in view of each other from the two windows, or were both in view of the transgressor at the time that they both warned him simultaneously.
    • This law likewise applies regarding if there were two witnesses by each window, in which case if they were not within each other’s view then they are considered two separate sets of witnesses regarding the laws of Eidim Zomimim.
  • Testifying together: Witnesses of a transgression that involves capital punishment must testify before the court in each other’s presence.
  • With the same tribunal: Witnesses of a transgression that involves capital punishment must testify to the transgression before the same tribunal of the court.
  • The above is not required by a monetary case.

Halacha 2: The law by monetary cases

  • In monetary cases, the testimony of two witnesses can join each other even if they were not in view of each other at the time of the eye witnessing of the event. Thus, if both witnesses testify to a having seen a loan transaction, or to having heard an admission from the borrower, then the testimony is valid even if the event that each witness is testifying to happened on different days.

Halacha 3: Eyewitness of loan joining testimony of admission

  • An eyewitness to a loan can join together with the testimony of one who says that the borrower admitted to the loan in front of him.

Halacha 4: Hearing the testimony of the witnesses on two different days

  • It is permitted for the court to hear the testimony of each witness on a different day in monetary cases.

Halacha 5: Joining an eyewitness with a witness signature

  • An eyewitness to a loan can join together with a signed witness to a document.

Halacha 6: Testifying in two different courts

  • It is permitted for one court to hear the testimony of one witness and another court to hear the testimony of another witness in monetary cases.
  • In such a case, the two courts have to join together to process the claim.

Halacha 7: The requirement for both witnesses to testify on the entire event of liability

  • Although by monetary cases we permit the testimonies of the two witnesses to join each other, nonetheless, they both must testify to the event in its entirety. If each witness only testifies to part of the event, then the testimonies do not join.
  • Example by Chazakah of real estate: For example, if there is one witness per year of Chazakah that a certain individual benefited from the proceeds of a field, we do not join their testimony.
  • Example by establishing that an individual is Bar Mitzvah: If each witness testifies to a single pubic hair of the defendant, we do not join their testimony to establish that the individual was an adult at the time of the sin. Furthermore, even if there are two witnesses for each hair, for a total of four witnesses, we do not join their testimony until there are two witnesses who saw two hairs.

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