Chapter 2: Chakiros, Derishos & Bedikos

Halacha 1: The difference between Chakiros and Derishos versus Bedikos

• Chakiros and Derishos: By the interrogations of Chakiros and Derishos, if the statement of the two witnesses do not match, or one of them says he doesn’t know the answer to a question, then their testimony is invalid.
  • For example, if one of the witnesses does not know the instrument that was used to kill the victim, or does not know the exact time of the murder, then even though they both testify to the murder, their testimony is invalid.
• Bedikos: By the interrogation of Bedikos, even if both witnesses say that they do not know the answer to a certain question, then their testimony still stands.
  • For example, if the witnesses are not able to answer the color clothing that the victim or murderer was wearing, then their testimony still valid
• Contradictory statements: In all cases that the witnesses give contradictory statements, their testimony is invalid.

Halacha 2: Contradictions in the Statements of the witnesses

• The color clothing: If one of the witnesses said that the murder was wearing black clothing, and the other one said that he was wearing white clothing, and their testimony is invalid.
• The dates: If one of the witnesses said that the murder took place on Wednesday, and the other witness edited place on a Thursday, their testimony is invalid.
• Weapon of murder: If one of the witnesses said that the murder took place with a sword and the other witness said that the murder took place with a spear, their testimony is invalid.

Halacha 3: The law by more than two witnesses

• No answer: If more than two witnesses testified, then so long as two of the witnesses give the same testimony their testimony is valid even if the other witnesses say that they don’t know the answer to a given question.
• Contradiction: If, however, one of the additional witnesses contradicts their statement, then the entire testimony is invalid.

Halacha 4: Contradiction in date

• First half of month: If the two witnesses cannot agree on which date of the month the matter occurred, then if both claim that it occurred in the first half of the month, then their testimony is valid.
• Second half of month If, however, they claimed that it occurred in the second half of the month than their testimony is invalid.

Halacha 5: Contradiction in time

• Two days apart: Even when the two witnesses both testify that the incident occurred on different dates in the first half of the month, they are only believed if their testimony is only one day apart. If, however, they are two days or more apart in their testimony, then the testimonies invalid.
• Contradiction in time: If the two witnesses cannot agree on the exact time that the incident occurred, then if they are only one hour apart from each other in their testimony, then their testimony is valid. If, however, they are two hours or more apart in their testimony, then the testimonies invalid.
• Before sunrise versus after sunrise: If the two witnesses cannot agree if the incident occurred before or after sunrise, then their testimony is invalid.
• Before sunset versus after sunset: If the two witnesses cannot agree if the incident occurred before or after sunset, then their testimony is invalid.