ב"ה

Rambam - 3 Chapters a Day

Edut - Chapter 2, Edut - Chapter 3, Edut - Chapter 4

Show content in:

Edut - Chapter 2

1What is the difference between the chakirot and the derishot and the bedikot?1 With regard to the chakirot and the derishot, if one witness gave specific testimony and the second said: “I do not know,” their testimony is of no consequence. With regard to the bedikot, by contrast, even if both of them say: “I don’t know,” their testimony is allowed to stand.אמַה בֵּין חֲקִירוֹת לִבְדִיקוֹת? בַּחֲקִירוֹת וּדְרִישׁוֹת - אִם כִּוֵּן הָאֶחָד אֶת עֵדוּתוֹ, וְהָעֵד הַשֵּׁנִי אָמַר 'אֵינִי יוֹדֵעַ' - עֵדוּתָן בְּטֵלָה; אֲבָל בַּבְּדִיקוֹת, אַפִלּוּ שְׁנֵיהֶן אוֹמְרִין 'אֵין אָנוּ יוֹדְעִין' - עֵדוּתָן קַיֶּמֶת.
If, however, they contradict each other, even with regard to the bedikot, their testimony is nullified.וּבִזְמַן שֶׁהֵן מַכְחִישִׁין זֶה אֶת זֶה, אַפִלּוּ בַּבְּדִיקוֹת - עֵדוּתָן בְּטֵלָה.
What is implied? The witnesses testified that one person killed another. One of the witnesses specified the seven year cycle, the year, the month, the date, the day of the week, Wednesday, the time, 12 noon, and the place of the murder. Similarly, they asked him: “With what did he kill him?”, and he answered: “With a sword.” If the second witnesses outlined his testimony in the same manner except for the time, i.e., he said: “I do not know the time of day at which the murder took place,” or he was able to specify the time, but said: “I don’t know what he used to kill him. I did not take notice of the murder weapon,” their testimony is nullified.2כֵּיצַד? הֵעִידוּ שֶׁהָרַג זֶה אֶת זֶה, וְאָמַר הָעֵד הָאֶחָד כְּשֶׁנֶּחְקַר: בְּשָׁבוּעַ פְּלוֹנִי, בְּשָׁנָה פְּלוֹנִית, בְּחֹדֶשׁ פְּלוֹנִי, בְּכָּךְ וְכָּךְ בַּחֹדֶשׁ, בִּרְבִיעִי בַּשַּׁבָּת, בְּשֵׁשׁ שָׁעוֹת בַּיּוֹם, בְּמָקוֹם פְּלוֹנִי הֲרָגוֹ; וְכֵן כְּשֶׁדָּרְשׁוּ בְּמַה הֲרָגוֹ, אָמַר 'הֲרָגוֹ בְּסַיִף'. וְכֵן הָעֵד הַשֵּׁנִי כִּוֵּן עֵדוּתוֹ בַּכֹּל חוּץ מִן הַשָּׁעוֹת, שֶׁאָמַר 'אֵינִי יוֹדֵעַ בְּכַמָּה שָׁעוֹת הָיָה בַּיּוֹם', אוֹ שֶׁכִּוֵּן אֶת הַשָּׁעָה, וְאָמַר 'אֵינִי יוֹדֵעַ בְּמַה הֲרָגוֹ, וְלֹא הֵבַנְתִּי בַּכְּלִי שֶׁהָיָה בְּיָדוֹ' - עֵדוּתָן בְּטֵלָה.
If, however, they outlined all the above factors identically, but were asked: “Was he dressed in black or white?” their testimony is allowed to stand if they replied: “We don’t know. We did not pay attention to factors like these which are of no consequence.”3אֲבָל אִם כִּוְּנוּ הַכֹּל, וְאָמְרוּ לָהֶן הַדַּיָּנִים 'כֵּלָיו הָיוּ שְׁחוֹרִים אוֹ לְבָנִים'? וְאָמְרוּ 'אֵין אָנוּ יוֹדְעִים, וְלֹא שַׂמְנוּ לִבֵּנוּ לִדְבָרִים אֵלּוּ שֶׁאֵין בָּהֶן מַמָּשׁ' - עֵדוּתָן קַיֶּמֶת.
2If one of the witnesses said: “He was wearing black clothes,” and the second one said: “That is not so,” he was wearing white clothes, their testimony is nullified.באָמַר אֶחָד 'כֵּלִים שְׁחוֹרִים הָיָה לָבוּשׁ', וְאָמַר הַשֵּׁנִי 'לֹא כֵן, אֶלָא כֵּלִים לְבָנִים הָיָה לָבוּשׁ' - הֲרֵי עֵדוּתָן בְּטֵלָה.
It is as if one said: “It took place on Wednesday,” and the other said: “It took place on Thursday,” in which instance, the testimony is of no consequence. Or it can be compared to a situation where one said: “He killed him with a sword,” and the other says: “He killed him with a lance.” The need for corroboration of the witnesses’ testimony is derived from Deuteronomy 13:15 which states: “And the matter is precise.” If they contradicted each other in any matter, their testimony is not precise.4וּכְאִלּוּ אָמַר הָאֶחָד 'בָּרְבִיעִי בַּשַּׁבָּת' וְהַשֵּׁנִי 'בַּחֲמִישִׁי', שֶׁאֵין כָּאן עֵדוּת; אוֹ שֶׁאָמַר הָאֶחָד 'בְּסַיִף הֲרָגוֹ' וְהַשֵּׁנִי אָמַר 'בְּרֹמַח', שֶׁאֵין כָּאן עֵדוּת, שֶׁנֶּאֱמַר "נָכוֹן הַדָּבָר" (דברים יג, טו) - וְכֵיוָן שֶׁהִכְחִישׁוּ זֶה אֶת זֶה בְּאֵי זֶה מִכָּל הַדְּבָרִים - אֵין זֶה "נָכוֹן”.
3The following rules apply it there were many witnesses. If two of them testified in a like manner with regard to the chakirot and the derishot, their testimony is allowed to stand and the defendant is executed, even though the third witness says: “I don’t know.”5גהָיוּ הָעֵדִים מְרֻבִּים - שְׁנַיִם מֵהֶן כִּוְּנוּ עֵדוּתָן בַּחֲקִירוֹת וּבַדְּרִישׁוֹת, וְהַשְּׁלִישִׁי אוֹמֵר 'אֵינִי יוֹדֵעַ' - תִּתְקַיֵּם הָעֵדוּת בִּשְׁנַיִם, וְיֵהָרֵג.
If, however, that witness contradicts the other two, even with regard to the bedikot, their testimony is nullified.6אֲבָל אִם הִכְחִישׁ אֶת שְׁנֵיהֶן, אַפִלּוּ בַּבְּדִיקוֹת - עֵדוּתָן בְּטֵלָה.
4If one witness says: “The murder took place on Wednesday, the second of the month,” and another says: “It took place on Wednesday,7 the third of the month,” their testimony is allowed to stand. Although there is a contradiction between them, we assume that one knew that an extra day had been added to the previous month, and one did not know.8דעֵד אֶחָד אוֹמֵר 'בָּרְבִיעִי בַּשַּׁבָּת בִּשְׁנַיִם בַּחֹדֶשׁ', וְהַשֵּׁנִי אוֹמֵר 'בָּרְבִיעִי בַּשַּׁבָּת בִּשְּׁלוֹשָׁה בַּחֹדֶשׁ' - עֵדוּתָן קַיֶּמֶת; שֶׁזֶּה יָדַע בְּעִבּוּרוֹ שֶׁל חֹדֶשׁ, וְזֶה לֹא יָדַע.
Until when does the above apply? Until the middle of the month. After the middle of the month, by contrast, if, for example, one said: “It took place on the sixteenth9 of the month,” and the second said: “It took place on the seventeenth of the month,” their testimony is nullified even though both of them spoke about the same day of the week.בַּמֶּה דְּבָרִים אֲמוּרִים? עַד חֲצוֹת הַחֹדֶשׁ. אֲבָל אַחַר חֲצוֹת - כְּגוֹן שֶׁאָמַר הָאֶחָד 'בְּשִׁשָּׁה עָשָׂר בַּחֹדֶשׁ', וְהַשֵּׁנִי אוֹמֵר 'בְּשִׁבְעָה עָשָׂר', אַף עַל פִּי שֶׁכִּוְּנוּ שְׁנֵיהֶם יוֹם אֶחָד מִיְּמֵי הַשַּׁבָּת - עֵדוּתָן בְּטֵלָה.
The rationale is that by the middle of the month, everyone knows when Rosh Chodesh was commemorated.שֶׁאֵין חֲצִי הַחֹדֶשׁ בָּא אֶלָא וּכְבָר יָדְעוּ הַכֹּל אֵימָתַי הָיָה רֹאשׁ הַחֹדֶשׁ.
5If, however, one witness says: “It took place on the third of the month,” and the other says: “It took place on the fifth of the month,” their testimony is nullified.10האָמַר הָאֶחָד 'בִּשְּׁלוֹשָׁה בַּחֹדֶשׁ', וְהַשֵּׁנִי אוֹמֵר 'בַּחֲמִשָּׁה' - עֵדוּתָן בְּטֵלָה.
If one witness says: “It took place during the second hour of the day,”11 and the other says: “It took place during the third hour,” their testimony is allowed to stand.12 The rationale is that it is common for people to err with regard to one hour.אָמַר עֵד אֶחָד 'בִּשְׁתֵּי שָׁעוֹת בַּיּוֹם', וְהַשֵּׁנִי אוֹמֵר 'בְּשָׁלוֹשׁ שָׁעוֹת' הַרֵי עֵדוּתָן קַיֶּמֶת, שֶׁדֶּרֶךְ הָעָם לִטְעוֹת בְּשָׁעָה אַחַת.
If, however, one says: “It took place during the third hour,” and the other says: “It took place during the fifth hour,” their testimony is nullified.13אֲבָל אִם אָמַר הָאֶחָד 'בְּשָׁלוֹשׁ שָׁעוֹת', וְהַשֵּׁנִי אוֹמֵר 'בְּחָמֵשׁ' - עֵדוּתָן בְּטֵלָה.
If one witness says: “It took place before sunrise,” and the other says: “it took place at sunrise,” their testimony is nullified. Even though the discrepancy between them is less than one hour, the matter is evident to all.14 Similar concepts apply with regard to sunset.אָמַר עֵד אֶחָד 'קֹדֶם הָנֵץ הַחַמָּה', וְאֶחָד אוֹמֵר 'בְּהָנֵץ הַחַמָּה' - עֵדוּתָן בְּטֵלָה, אַף עַל פִּי שֶׁהִיא שָׁעָה אַחַת; שֶׁהַדָּבָר נִכָּר לַכֹּל. וְכֵן אִם נֶחְלְקוּ בִּשְׁקִיעָתָהּ.

Edut - Chapter 3

1The questioning and interrogation1 of witnesses is required with regard to cases involving both monetary law and capital punishment, as Leviticus 24:22 states: “You shall have one judgment.”2 Nevertheless, our Sages ordained that witnesses in cases involving financial law not be questioned or interrogated, lest this prevent loans from being given.3אאֶחָד דִּינֵי מָמוֹנוֹת וְאֶחָד דִּינֵי נְפָשׁוֹת בִּדְרִישָׁה וַחֲקִירָה, שֶׁנֶּאֱמַר "מִשְׁפַּט אֶחָד יִהְיֶה לָכֶם" (ויקרא כד, כב). אֲבָל אָמְרוּ חֲכָמִים: כְּדֵי שֶׁלֹּא תִנְעֹל דֶּלֶת בִּפְנֵי לָוִין, אֵין עֵדֵי מָמוֹן צְרִיכִין דְּרִישָׁה וַחֲקִירָה.
What is implied? If witnesses say: “So-and-so lent so-and-so a maneh4 in this year,” their testimony is allowed to stand even though they did not specify the month or the place in which the maneh was given, nor did they say of which coinage the maneh was.כֵּיצַד? אָמְרוּ הָעֵדִים 'בְּפָנֵינוּ הִלְוָה זֶה אֶת זֶה מָנֶה בְּשָׁנָה פְּלוֹנִית' - אַף עַל פִּי שֶׁלֹּא כִּוְּנוּ אֶת הַחֹדֶשׁ, וְלֹא אֶת הַמָּקוֹם שֶׁהִלְוָה בּוֹ, וְלֹא אֶת הַמָּנֶה אִם הָיָה מִמַּטְבֵּעַ פְּלוֹנִי אוֹ מִמַּטְבֵּעַ פְּלוֹנִי - עֵדוּתָן קַיֶּמֶת.
2When does the above apply? With regard to admissions of liability,5 loans, presents, sales,6 and the like.7 Cases involving fines,8 by contrast, require the full process of questioning and interrogation.9 Needless to say, this applies with regard to cases involving the penalties of lashes and exile.10בבַּמֶּה דְּבָרִים אֲמוּרִים? בְּהוֹדָאוֹת וְהַלְוָאוֹת וּמַתָּנוֹת וּמְכִירוֹת וְכַיּוֹצֵא בָּהֶן. אֲבָל בְּדִינֵי קְנָסוֹת - צְרִיכִין דְּרִישָׁה וַחֲקִירָה, וְאֵין צָרִיךְ לוֹמַר בְּמַלְקוּת וּבְגָלוּת.
Similarly, if a judge perceives that a claim may be contrived and his suspicions are aroused,11 questioning and interrogation is necessary even with regard to cases involving financial matters.וְכֵן אִם רָאָה הַדַּיָּן שֶׁהַדִּין מְרֻמֶּה וְחָשַׁשׁ לוֹ - צָרִיךְ דְּרִישָׁה וַחֲקִירָה כְּעֵדֵי נְפָשׁוֹת, אַף עַל פִּי שֶׁהֵן עֵדֵי הוֹדָאוֹת וְהַלְוָאוֹת.
3Although there is no requirement to subject witnesses in cases involving monetary law to the full process of questioning and interrogation, if the witnesses contradict each other with regard to the derishot or the chakirot, their testimony is nullified.12 If the witnesses contradict each other with regard to the bedikot, their testimony is allowed to stand.13גאַף עַל פִּי שֶׁאֵין עֵדֵי מָמוֹנוֹת צְרִיכִין דְּרִישָׁה וַחֲקִירָה, אִם הִכְחִישׁוּ הָעֵדִים זֶה אֶת זֶה בַּחֲקִירוֹת אוֹ בַּדְּרִישׁוֹת, עֵדוּתָן בְּטֵלָה. וְאִם הִכְחִישׁוּ זֶה אֶת זֶה בַּבְּדִיקוֹת, עֵדוּתָן קַיֶּמֶת.
What is implied? One witness says: “He borrowed from him in Nissan,” and the other witness says: “No, he borrowed in Iyar,” their testimony is nullified.14 Or one says: “The loan was given in Jerusalem,” and the second says: “No; we were in Lod,” their testimony is nullified.כֵּיצַד? אֶחָד אוֹמֵר 'בְּנִיסָן לָוָה מִמֶּנּוּ', וְהַשֵּׁנִי אוֹמֵר 'לֹא כִּי, אֶלָא בַּאֲיָר'; אוֹ שֶׁאָמַר הָאֶחָד 'בִּירוּשָׁלַיִם', וְהַשֵּׁנִי אוֹמֵר 'לֹא כִי, אֶלָא בְּלוּד הָיִינוּ' - עֵדוּתָן בְּטֵלָה.
Similarly, if one says: “He lent him a barrel of wine,” and the other says: “It contained oil,” their testimony is nullified, for they contradicted themselves with regard to the fundamental questions.15וְכֵן אִם אָמַר הָאֶחָד 'חָבִית שֶׁל יַיִן הִלְוָהוּ', וְהַשֵּׁנִי אוֹמֵר 'שֶׁל שֶׁמֶן הָיְתָה' - עֵדוּתָן בְּטֵלָה; שֶׁהֲרֵי הֻכְחֲשׁוּ בַּדְּרִישָׁה.
If, by contrast, one said: “He lent him a black maneh,”16 while the other said: “It was a white maneh.17 One said: “They were in the upper storey when he made the loan,” and the other said: “They were in the lower storey,” their testimony is allowed to stand.18אֲבָל אִם אָמַר הָאֶחָד 'מָנֶה שָׁחוֹר', וְהַשֵּׁנִי אוֹמֵר 'מָנֶה לָבָן הָיָה', זֶה אוֹמֵר 'בִּדְיוֹטָא הָעֶלְיוֹנָה הָיוּ כְּשֶׁהִלְוָהוּ', וְהַשֵּׁנִי אוֹמֵר 'בִּדְיוֹטָא הַתַּחְתּוֹנָה הָיוּ' - עֵדוּתָן קַיֶּמֶת.
Moreover, even if one said: “He lent him a maneh and the other, “He lent him two hundred,” the defendant is obligated to pay him at least a maneh, because 200 contains 100.19אַפִלּוּ אָמַר הָאֶחָד 'מָנֶה הִלְוָהוּ', וְהַשֵּׁנִי אוֹמֵר 'מָאתַיִם' - חַיָּב לְשַׁלֵּם מָנֶה, שֶׁיֵּשׁ בִּכְלַל מָאתַיִם מָנֶה.
Similarly, if one said: “He owes him the cost of a barrel of wine,” and the other says: “... a barrel of oil,” the defendant is required to pay the lesser amount of the two. Similar concepts apply in all analogous situations.20וְכֵן אִם אָמַר הָאֶחָד 'דְּמֵי חָבִית שֶׁל יַיִן יֵשׁ לוֹ בְּיָדוֹ', וְזֶה אוֹמֵר 'דְּמֵי חָבִית שֶׁמֶן' - מְשַׁלֵּם בַּפָּחוֹת שֶׁבַּדָּמִים. וְכֵן כֹּל כַיּוֹצֵא בְּזֶה.
4According to Scriptural Law, we do not accept testimony - neither in cases involving financial matters, nor in cases involving capital punishment - except orally from the witnesses, as implied by Deuteronomy 17:6: “On the basis of two witnesses....”21 Implied is that testimony is accepted only orally, and not on the basis of their written statements.דדִּין תּוֹרָה שֶׁאֵין מְקַבְּלִין עֵדוּת, לֹא בְּדִינֵי מָמוֹנוֹת וְלֹא בְּדִינֵי נְפָשׁוֹת, אֶלָא מִפִּי הָעֵדִים, שֶׁנֶּאֱמַר "עַל פִּי שְׁנַיִם עֵדִים" (דברים יז, ו) - מִפִּיהֶם, וְלֹא מִכְּתָב יָדָן.
According to Rabbinic Law, however, we decide cases involving financial matters on the basis of testimony recorded in a legal document22 even if the witnesses are no longer alive. This measure was enacted lest the alternative prevent loans from being given.23אֲבָל מִדִּבְרֵי סוֹפְרִים שֶׁחוֹתְכִין דִּינֵי מָמוֹנוֹת בְּעֵדוּת שֶׁבַּשְּׁטָר, אַף עַל פִּי שֶׁאֵין הָעֵדִים קַיָּמִין, כְּדֵי שֶׁלֹּא תִנְעֹל דֶּלֶת בִּפְנֵי לָוִין.
We do not adjudicate cases involving fines on the basis of testimony recorded in a legal document.24 Needless to say, cases involving lashes or exile are decided only on the basis of verbal testimony, not on the basis of a written document.25וְאֵין דָּנִין בְּעֵדוּת שֶׁבַּשְּׁטָר בְּדִינֵי קְנָסוֹת, וְאֵין צָרִיךְ לוֹמַר בְּמַכּוֹת וּבְגָלוּת, אֶלָא מִפִּיהֶם, וְלֹא מִכְּתָב יָדָן.
5Both in cases involving financial matters and in cases involving capital punishment, once a witness has testified and has been questioned26 in court,27 he cannot retract.28הכָּל עֵד שֶׁנֶּחְקְרָה עֵדוּתוֹ בְּבֵית דִּין, בֵּין בְּדִינֵי מָמוֹנוֹת בֵּין בְּדִינֵי נְפָשׁוֹת - אֵינוֹ יָכוֹל לַחֲזֹר בּוֹ.
What is implied? If the witness states: “I testified in error,”29 “I inadvertently forgot the details and now remembered that it was not so,” or “I testified only out of fear of him”30 we do not heed him,31 even if he provides an explanation for his statements.כֵּיצַד? אָמַר 'מֻטְעֶה הָיִיתִי', 'שׁוֹגֵג הָיִיתִי', 'נִזְכַּרְתִּי שֶׁאֵין הַדָּבָר כֵּן', 'לְפַחֲדוֹ עָשִׂיתִי' - אֵין שׁוֹמְעִין לוֹ, אַפִלּוּ נָתַן טַעַם לִדְבָרָיו.
Similarly, he cannot add that any of the matters he mentioned in his testimony were conditional.32וְכֵן אֵינוֹ יָכוֹל לְהוֹסִיף בְּעֵדוּתוֹ תְּנַאי.
The general principle is: Any statement made by a witness after his testimony was delivered and questioned that will lead to the nullification of that testimony or that adds a condition to the points stated is not heeded.כְּלָלוֹ שֶׁל דָּבָר: כָּל דְּבָרִים שֶׁיֹּאמַר הָעֵד אַחַר שֶׁנֶּחְקְרָה עֵדוּתוֹ, שֶׁיָּבוֹא מִכְּלָלָן בִּטּוּל הָעֵדוּת, אוֹ הוֹסָפַת תְּנַאי בָּהּ - אֵין שׁוֹמְעִין לוֹ.
6Witnesses who sign a legal document are considered as if their testimony was delivered and questioned by a court of law.33 They cannot retract it.ועֵדִים הַחֲתוּמִין עַל הַשְּׁטָר - הֲרֵי זֶה כְּמִי שֶׁנֶּחְקְרָה עֵדוּתָן בְּבֵית דִּין, וְאֵינָן יְכוֹלִין לַחֲזֹר בָּהֶן.
When does the above apply? When the authenticity of the document can be verified34 without their testimony, e.g., other witness who could testify that it was their signatures were present35 or their signatures were found on other legal documents.36בַּמֶּה דְּבָרִים אֲמוּרִים? בְּשֶׁאֶפְשָׁר לְקַיֵּם אֶת הַשְּׁטָר שֶׁלֹּא מִפִּיהֶם, כְּגוֹן שֶׁהָיוּ שָׁם עֵדִים שֶׁזֶּה כְּתָב יָדָן, אוֹ שֶׁהָיָה כְּתָב יָדָן יוֹצֵא מִמָּקוֹם אַחֵר.
If, however, the authenticity of the document could not be verified without their testimony and they said: “This is our handwriting, but we were compelled to do it,”37 “... We were below majority at the time,”38 “... We were related to the litigants,”39 “... We were deceived,”40 their statements are accepted and the legal document is nullified.אֲבָל אִם אִי אֶפְשָׁר לְקַיְּמוֹ אֶלָא מִפִּיהֶם, וְאָמְרוּ 'כְּתָב יָדֵינוּ הוּא זֶה, אֲבָל קְטַנִּים הָיִינוּ', 'קְרוֹבִים הָיִינוּ', 'אֲנוּסִין הָיִינוּ', 'מֻטְעִין הָיִינוּ' - הֲרֵי אֵלּוּ נֶאֱמָנִים, וְיִבָּטֵל הַשְּׁטָר.
7If the witnesses say: “We were not acceptable as witnesses because of a transgression we violated,”41 or “We took a bribe to testify on this document,”42 their word is not accepted. The rationale is that a person’s own testimony can never be used to have him considered as wicked.43 Instead, two witnesses must testify that he is wicked.זאָמְרוּ 'פְּסוּלֵי עֵדוּת הָיִינוּ בַּעֲבֵרָה', אוֹ 'שֹׁחַד לָקַחְנוּ עַל עֵדוּת זוֹ' - אֵין נֶאֱמָנִין; שֶׁאֵין אָדָם מֵשִׂים עַצְמוֹ רָשָׁע, עַד שֶׁיָּעִידוּ עָלָיו עֵדִים שֶׁהוּא רָשָׁע.
Similarly, if the witnesses say: “Our words were given on faith,44 their words are not accepted. For a person who signs as a witness on a promissory note given on faith is considered as if45 he gave false testimony.46וְכֵן אִם אָמְרוּ 'אֲמָנָה הָיוּ דְּבָרֵינוּ' - אֵין נֶאֱמָנִין; שֶׁהַמֵּעִיד עַל שְׁטָר אֲמָנָה, כְּמֵעִיד בְּשֶׁקֶר.
8If witnesses say: “A protest was made by the seller to us with regard to this deed of sale,”47 their word is accepted even though their signatures were found on other legal documents.חאָמְרוּ הָעֵדִים: 'שְׁטָר מְכָר זֶה, מוֹדָעָה נִמְסְרָה לָנוּ עָלָיו', אַף עַל פִּי שֶׁכְּתָב יָדָן יוֹצֵא מִמָּקוֹם אַחֵר - הֲרֵי אֵלּוּ נֶאֱמָנִין.
9When the witnesses who signed a document say: “The legal document was composed conditionally,”48 their word is not accepted if their signatures were found on other legal documents.49 If, however, the authenticity of the document could not be verified without their testimony, their statement is accepted and we tell the litigants: “Fulfill the condition and then bring the matter to judgment.”טאָמְרוּ 'עַל תְּנַאי הָיָה שְׁטָר זֶה': אִם הָיָה כְּתָב יָדָן יוֹצֵא מִמָּקוֹם אַחֵר, אֵין נֶאֱמָנִין; וְאִם אֵין הַשְּׁטָר מִתְקַיֵּם אֶלָא מִפִּיהֶם, נֶאֱמָנִין, וְאוֹמְרִין לְבַעֲלֵי הַדִּין 'קַיְּמוּ הַתְּנַאי וּבוֹאוּ לָדּוּן'.
10If one of the witnesses says: “The transaction was made conditionally,” and the other says, “There was no condition involved,” there is only one witness who is testifying.50יאָמַר הָאֶחָד מִן הָעֵדִים 'עַל תְּנַאי הָיוּ הַדְּבָרִים', וְהַשֵּׁנִי אוֹמֵר 'לֹא הָיָה שָׁם תְּנַאי' - הֲרֵי כָּאן עֵד אֶחָד.
11Also in laws involving financial matters,51 we receive testimony only in the presence of the litigants.52יאגַּם בְּדִינֵי מָמוֹנוֹת, אֵין מְקַבְּלִין עֵדִים אֶלָא בִּפְנֵי בַּעַל דִּין.
If, however, the plaintiff was deathly ill53 or the witnesses desired to travel overseas and the defendant was summoned54 and yet did not come, we receive the testimony in his absence.55וְאִם הָיָה בַּעַל דִּין חוֹלֶה, אוֹ שֶׁהָיוּ הָעֵדִים מְבַקְּשִׁים לֵילֵךְ לִמְדִינַת הַיָּם וְשָׁלְחוּ לְבַעַל דִּין וְלֹא בָא - הֲרֵי אֵלּוּ מְקַבְּלִין עֵדִים שֶׁלֹּא בְּפָנָיו.
When does the above56 apply? To testimony given orally. The authenticity of the signatures of a legal document, by contrast, may be verified in the defendant’s absence.57בַּמֶּה דְּבָרִים אֲמוּרִים? בְּעֵדוּת עַל פֶּה. אֲבָל הַשְּׁטָר, מְקַיְּמִין בְּבֵית דִּין אֶת עֵדָיו שֶׁלֹּא בִּפְנֵי בַּעַל דִּין.
Moreover, even if the defendant is present and protests vociferously: “This document is a forgery,” “They are false witnesses,” or “They are unacceptable witnesses,” we pay no heed to him. Instead, we verify the authenticity of the document.וְאַפִלּוּ הָיָה עוֹמֵד וְצוֹוֵחַ וְאוֹמֵר: שְׁטָר מְזֻיָּף הוּא, עֵדֵי שֶׁקֶר הֵן, פְּסוּלֵי עֵדוּת הֵן - אֵין מַשְׁגִיחִין בּוֹ, אֶלָא מְקַיְּמִין אֶת הַשְּׁטָר.
If the defendant brings proof58 which disqualifies the document, it is disqualified.59וְאִם יֵשׁ לוֹ רְאָיָה לִפְסֹל, יִפְסֹל.
12Whenever a plaintiff has witnesses who will testify to prove his claim, he must tend to the witnesses until he brings them to court.יבכָּל מִי שֶׁיֵּשׁ לוֹ רְאָיָה בָּעֵדִים, הוּא מִטַּפֵּל בָּעֵדִים עַד שֶׁיָּבִיא אוֹתָן לְבֵית דִּין.
If the court knows that the defendant is a strong and stubborn person and the plaintiff claims that the witnesses are afraid60 to come and testify on behalf of the plaintiff, the court compels the defendant to bring the witnesses.61וְאִם יָדְעוּ בֵּית דִּין שֶׁבַּעַל דִּינוֹ אַלָּם, וְטָעַן הַתּוֹבֵעַ שֶׁהָעֵדִים מִתְפַּחֲדִים מִבַּעַל דִּינוֹ שֶׁיָּבוֹאוּ וְיָעִידוּ לוֹ - הֲרֵי בֵּית דִּין כּוֹפִין אֶת בַּעַל דִּינוֹ שֶׁיָּבִיא הוּא הָעֵדִים.
We adjudicate cases involving strong and stubborn people according to these and other analogous principles.62וְכֵן כָּל כַיּוֹצֵא בִּדְבָרִים אֵלּוּ דָּנִין בָּהֶן לָאַלָּם.

Edut - Chapter 4

1Both witnesses in cases involving capital punishment must see the person committing the transgression at the same time. They must deliver their testimony together, in the same court. These requirements do not apply with regard to cases involving financial matters.אעֵדֵי נְפָשׁוֹת - צְרִיכִין שֶׁיִּהְיוּ שְׁנֵיהֶם רוֹאִין הָעוֹשֶׂה עֲבֵרָה כְּאֶחָד, וּצְרִיכִין לְהָעִיד כְּאֶחָד, וּבְבֵית דִּין אֶחָד. אֲבָל בְּדִינֵי מָמוֹנוֹת, אֵינָן צְרִיכִין לְכָּךְ.
What is implied? If while looking from one window, a witness saw the person commit the transgression and the other witness saw him from another window, their testimonies can be combined if they can see each other. If they cannot see each other,1 their testimonies cannot be combined.כֵּיצַד? הָיָה אֶחָד רוֹאֵהוּ מֵחַלּוֹן זֶה כְּשֶׁעָבַר הָעֲבֵרָה, וְהָעֵד הָאַחֵר רוֹאֵהוּ מֵחַלּוֹן אַחֵר: אִם הָיוּ שְׁנֵי הָעֵדִים רוֹאִין זֶה אֶת זֶה, מִצְטָרְפִין; וְאִם לָאו, אֵין מִצְטָרְפִין.
If a person who administered the warning2 sees the witnesses and the witnesses see him,3 even though the witnesses do not see each other, their testimony may be combined because of the person administering the warning.הָיָה זֶה הַמַּתְרֶה בּוֹ רוֹאֶה אֶת הָעֵדִים, וְהָעֵדִים רוֹאִין אוֹתוֹ - אַף עַל פִּי שֶׁאֵין רוֹאִין זֶה אֶת זֶה, הַמַּתְרֶה מְצָרְפָן.
If they do not see the transgression at the same time, their testimony is not combined. For example, the two witnesses were in one house and one stuck his head out of the window and saw a person perform a forbidden labor on the Sabbath and another person issue a warning. He then withdrew his head and the other witness stuck his head out of the same window and saw the person commit the transgression. Their testimonies cannot be combined4 unless they both see the transgression at the same time.5הָיוּ שְׁנֵי הָעֵדִים בְּבַיִת אֶחָד, וְהוֹצִיא אֶחָד מֵהֶן רֹאשׁוֹ מִן הַחַלּוֹן, וְרָאָהוּ זֶה שֶׁעוֹשֶׂה מְלָאכָה בַּשַּׁבָּת, וְאֶחָד מַתְרֶה בּוֹ, וְהִכְנִיס רֹאשׁוֹ, וְחָזַר הָעֵד הַשֵּׁנִי וְהוֹצִיא רֹאשׁוֹ מֵאוֹתוֹ הַחַלּוֹן וְרָאָהוּ - אֵין מִצְטָרְפִין, עַד שֶׁיִּרְאוּ שְׁנֵיהֶם כְּאֶחָד.
The following laws apply when two witnesses see the transgressor from one window, two other witnesses see him from another window, and there is a person who gives a warning in between. If some of them see each other, they are considered as one group of witnesses.6 If they do not see each other and the person giving the warning does not include them together, they are considered as two groups of witnesses.הָיוּ שְׁנֵי עֵדִים רוֹאִין אוֹתוֹ מֵחַלּוֹן זֶה, וּשְׁנֵי עֵדִים רוֹאִין אוֹתוֹ מֵחַלּוֹן אַחֵר, וְאֶחָד מַתְרֶה בּוֹ בָּאֶמְצָע: בִּזְמַן שֶׁמִּקְצָתָן רוֹאִין אֵלּוּ אֶת אֵלּוּ, הֲרֵי זוֹ עֵדוּת אַחַת; וְאִם לֹא הָיוּ רוֹאִין אֵלּוּ אֶת אֵלּוּ, וְלֹא צֵרַף אוֹתָן הַמַּתְרֶה - הֲרֵי אֵלּוּ שְׁתֵּי עֵדִיּוֹת.
Therefore if one group are discovered to be zomamim,7 the transgressor and the witnesses are executed. For the transgressor is executed on the basis of the testimony of the second group of witnesses.לְפִיכָךְ אִם נִמְצֵאת אַחַת מֵהֶן זוֹמְמִין - הוּא וְהֵן נֶהֱרָגִין, שֶׁהֲרֵי הוּא נֶהֱרָג בְּעֵדוּת הַכַּת הַשְּׁנִיָּה.
2With regard to cases involving financial matters, by contrast, even though they did not see each other, their testimony can be combined.8 What is implied? One witness said: “In my presence, he lent him money on this-and-this day” or “In my presence, he acknowledged a debt,” and the second witness says: “I also testify that he lent him money” or “... acknowledged a debt” on a different day, their testimony can be combined.9באֲבָל בְּדִינֵי מָמוֹנוֹת, אַף עַל פִּי שֶׁרָאוּ זֶה אַחַר זֶה - עֵדוּתָן מִצְטָרֶפֶת. כֵּיצַד? אָמַר הָאֶחָד 'בְּפָנַי הִלְוָהוּ בְּיוֹם פְּלוֹנִי', אוֹ 'בְּפָנַי הוֹדָה לוֹ', וְאָמַר הָעֵד הַשֵּׁנִי: 'וְכֵן אֲנִי מֵעִיד שֶׁהִלְוָהוּ בְּפָנַי', אוֹ 'הוֹדָה לוֹ בְּיוֹם אַחֵר' - הֲרֵי אֵלּוּ מִצְטָרְפִין.
3Similarly, if one witness states: “He gave a loan in my presence,” and the other said: “He acknowledged a debt in my presence,”10 or the first said: “He acknowledged a debt in my presence,” and the other testified afterwards, saying: “He gave a loan in my presence,” their testimony can be combined.11גוְכֵן אִם אָמַר הָאֶחָד 'בְּפָנַי הִלְוָהוּ', וְהַשֵּׁנִי אוֹמֵר 'בְּפָנַי הוֹדָה לוֹ'; אוֹ שֶׁאָמַר הָרִאשׁוֹן 'בְּפָנַי הוֹדָה לוֹ', וְהַשֵּׁנִי שֶׁהֵעִיד אַחַר זְמַן אָמַר 'בְּפָנַי הִלְוָהוּ' - הֲרֵי אֵלּוּ מִצְטָרְפִין.
4Similar concepts apply with regard to the time of their testimony in court: One may come on one day and the court will hear his testimony and the other may come at a later date and have his testimony heard. The testimonies may be combined and money expropriated on this basis.דוְכֵן בְּעֵת שֶׁמְּעִידִין בְּבֵית דִּין - יָבוֹא אֶחָד וְשׁוֹמְעִין דְּבָרָיו הַיּוֹם, וּכְשֶׁיָּבוֹא הָעֵד הַשֵּׁנִי לְאַחַר זְמַן, שׁוֹמְעִין דְּבָרָיו, וּמִצְטָרְפִין זֶה לְזֶה, וּמוֹצִיאִין בָּהֶן הַמָּמוֹן.
5Similarly, if the testimony of one witness was recorded in a legal document and the other testified orally, their testimony may be combined.12 If the witness who did not record his testimony states: “I entered into an act of contract with him concerning this matter,13 but the lender did not come and ask me to record my testimony in a legal document,” the two can join together to give the claim the status of a loan backed by a promissory note.14 The borrower may not claim: “I repaid the debt.”הוְכֵן אִם הָיָה עֵד אֶחָד בִּכְתָב וְעֵד אֶחָד עַל פֶּה - מִצְטָרְפִין. וְאִם אָמַר זֶה שֶׁלֹּא כָתַב עֵדוּתוֹ 'קָנִיתִי מִיָּדוֹ עַל דָּבָר זֶה, וְלֹא בָא הַמַּלְוֶה הַזֶּה וְלֹא שָׁאַל מִמֶּנִּי לִכְתֹּב' - שְׁנֵיהֶם מִצְטָרְפִין לַעֲשׂוֹת הַמִלְוָה בַּשְּׁטָר, וְאֵינוֹ יָכוֹל לוֹמַר 'פָּרַעְתִּי'.
6The following laws apply in cases involving financial matters. If one witness delivered testimony15 in one court and the other witness delivered testimony in a second court, the two courts should come together and combine the testimonies.16והֵעִיד הָעֵד הָאֶחָד בְּבֵית דִּין זֶה, וְהֵעִיד הַשֵּׁנִי בְּבֵית דִּין אַחֵר - יָבוֹא בֵּית דִּין אֵצֶל בֵּית דִּין, וְיִצְטָרְפוּ עֵדוּתָן.
Similarly, if two witnesses delivered testimony in one court17 and then delivered testimony in another court, a member of either court can join together with a member of the other court.18וְכֵן אִם הֵעִידוּ שְׁנֵי הָעֵדִים בְּבֵית דִּין זֶה, וְחָזְרוּ וְהֵעִידוּ בְּבֵית דִּין אַחֵר - יָבוֹא אֶחָד מִכָּל בֵּית דִּין וּבֵית דִּין, וְיִצְטָרְפוּ.
The statements of a witness and a judge before whom two witnesses testified19 may not be combined.20אֲבָל הָעֵד עִם הַדַּיָּן שֶׁהֵעִידוּ שְׁנֵי הָעֵדִים בְּפָנָיו, אֵין מִצְטָרְפִין.
7Although testimony of two witnesses may be combined in matters of financial law,21 each of the witnesses must deliver testimony concerning an entire matter, as we explained.22זאַף עַל פִּי שֶׁמְּצָרְפִין הָעֵדוּת בְּדִינֵי מָמוֹנוֹת, צָרִיךְ שֶׁיָּעִיד כָּל עֵד אֶחָד מִשְּׁנֵיהֶם, בְּכָל הַדָּבָר כְּמוֹ שֶׁבֵּאַרְנוּ.
If, by contrast, one witness testifies concerning a portion of a matter and the other witness testifies concerning another portion of the matter, we do not establish the matter on the basis of their testimony, as indicated by Deuteronomy 19:15: “According to the testimony of two witnesses shall the matter be established.”אֲבָל אִם הֵעִיד אֶחָד בְּמִקְצַת הַדָּבָר, וְהֵעִיד הַשֵּׁנִי בְּמִקְצָתוֹ - אֵין מְקַיְּמִין אֶת הַדָּבָר מֵעֵדוּת שְׁנֵיהֶם, שֶׁנֶּאֱמַר "יָקוּם דָּבָר" (דברים יט, טו) - וְלֹא חֲצִי דָּבָר.
What is implied? One witness testifies that a person benefited from a field one year, another testifies that he benefited in the following year, and a third testifies that he benefited in the third year, the testimonies of the three cannot be linked together to say that he benefited for three years. For each of them testified only about a portion of the matter.23כֵּיצַד? זֶה אוֹמֵר פְּלוֹנִי אָכַל שָׂדֶה זוֹ שָׁנָה פְּלוֹנִית, וְזֶה הֵעִיד שֶׁאֲכָלָהּ בְּשָׁנָה שְׁנִיָּה, וְזֶה הֵעִיד שֶׁאֲכָלָהּ בְּשָׁנָה שְׁלִישִׁית - אֵין מְצָרְפִין עֵדוּת שְׁלָשְׁתָּן וְאוֹמְרִים 'הֲרֵי אֲכָלָהּ שָׁלוֹשׁ שָׁנִים'; שֶׁכָּל אֶחָד וְאֶחָד הֵעִיד בְּמִקְצַת הַדָּבָר.
Similarly, if one witness testifies: “I saw one hair on the person’s right side,” and another witness testifies: “I saw one hair on the person’s left side,” their testimonies are not linked together so that we can say that two people testified that the person concerned manifested signs of physical maturity on that particular day. For each of them testified only about a portion of the physical signs required.24וְכֵן אִם הֵעִיד זֶה שֶׁ'אֲנִי רָאִיתִי שַׂעֲרָה אַחַת בְּצַד יְמִינוֹ שֶׁל זֶה', וְזֶה אוֹמֵר 'וַאֲנִי רָאִיתִי שַׂעֲרָה אַחַת בְּצַד שְׂמֹאלוֹ בְּאוֹתוֹ הַיּוֹם' - אֵין מִצְטָרְפִין דִּבְרֵי שְׁנֵיהֶם כְּדֵי שֶׁנֹּאמַר 'הֲרֵי הֵעִידוּ שְׁנֵיהֶם שֶׁהָיָה זֶה גָּדוֹל בְּיוֹם פְּלוֹנִי'; לְפִי שֶׁכָּל אֶחָד הֵעִיד בְּמִקְצַת הַסִּימָנִין.
Even if two witnesses testified that they saw one hair and two other witnesses testified that they saw another hair, their testimony is of no consequence. Since they both testified about only half the matter,25 this is not acceptable testimony.אַפִלּוּ הֵעִידוּ שְׁנַיִם בְּשַׂעֲרָה אַחַת, וְהֵעִידוּ שְׁנַיִם אֲחֵרִים בְּשַׂעֲרָה אַחַת, שֶׁהֲרֵי כָּל כַּת מֵהֶם הֵעִידָה עַל חֲצִי דָּבָר - וְאֵין זוֹ עֵדוּת.
If, however, one witness testified that he saw two hairs on the person’s right side and another witness testified that he saw two hairs on the person’s left side, their testimony can be linked together.26 Similar concepts apply in all analogous situations.אֲבָל אִם הֵעִיד הָאֶחָד שֶׁרָאָה שְׁתֵּי שְׂעָרוֹת בְּצַד יָמִין, וְהֵעִיד הַשֵּׁנִי שֶׁרָאָה שְׁתֵּי שְׂעָרוֹת בְּצַד שְׂמֹאל - מִצְטָרְפִין. וְכֵן כֹּל כַיּוֹצֵא בְּזֶה.
Footnotes for Edut - Chapter 2
1.

See the conclusion of the previous chapter for a definition of these terms.

2.

For the identification of the murder weapon is considered an essential element of his testimony.

3.

The fundamental dimension of the testimony is communicated through the chakirot. They provide sufficient basis for hazamah. The other particulars discovered through the bedikot are secondary. Hence as long as there is no contradiction with regard to them, the testimony is allowed to stand. See Sanhedrin 41b.

4.

This applies with regard to laws involving capital punishment. Different Jaws apply with regard to matters of financial law, as stated in Chapter 3, Halachah 3.

5.

Since the witness does not know the fundamental dimensions of the testimony, his testimony is of no consequence, and he is not considered as part of the same group of witnesses as the other two.
Note the Lechem Mishneh and others who question the Rambam’s ruling based on his ruling in Chapter 5, Halachah 3, which states that when one of three witnesses is discovered to be a relative or otherwise disqualified, the entire testimony is nullified. For Sanhedrin 41a, the source for this halachah, considers the two concepts to be interrelated.
The Lechem Mishneh offers a possible resolution, explaining that in Chapter 5, the Rambam is speaking about an instance where the witnesses testified directly after each other. In this halachah, by contrast, there was an interruption between their testimony. Hence, there is the potential to consider each witness as a separate entity.

6.

In this instance, the three witnesses are considered as a single group. And since there is a contradiction in their testimony, it is disqualified, for it is not “precise.”

7.

If, however, there is a contradiction between them with regard to the day of the week, even if there is only a one day difference with regard to the date, their testimony is nullified (Kessef Mishneh).

8.

In order to juxtapose the lunar and solar calendars, an extra day is added to several months. At present, this is done according to a fixed calendar. In the time of the Temple and for several hundred years thereafter, the question of whether or not to add a month was dependent on the Supreme Sanhedrin's acceptance of the testimony of witnesses who claimed to have sighted the moon on the appropriate night. Although this news was spread rather rapidly, it is possible that a person would be uninformed.
Moreover, even in the present era, when we have a fixed calendar, since the amount of days in a month vary from month to month, it is possible that a person might err at the beginning of the month. Hence this law still applies [Shulchan Aruch (Choshen Mishpat 30:7)].

9.

If, however, one witness mentioned the fifteenth and the other, the sixteenth, we still give them the benefit of the doubt (Radbaz).

10.

For a two day error is too great to attribute to the above factor. As mentioned in the previous halachah, by the middle of the month every one already knows when Rosh Chodesh was commemorated. Also. it is very rare that there ;ire two 30 day months one after the other.

11.

I.e., the second hour after sunrise.

12.

Pesachim 12a states that a person will err in a little bit less than two hours. On that basis, the Kessef Mishneh questions the Rambam’s ruling. In resolution, he explains that when the witness states “the second hour,” the possibility is that he meant any time from the beginning of that hour until the end. The same is true with regard to the third hour. Thus there can be up to a two hour discrepancy between the two testimonies.
The commentaries mention that we are speaking about shaot zemaniot, seasonal hours (i.e., one twelfth of the time from sunrise to sunset), for everything is dependent on the position of the sun in the sky. Kinat Eliyahu raises the question if similar laws apply today when most people use watches or clocks to tell time.

13.

For it is unlikely that people will make an error of more than two hours.

14.

Before sunrise and at sunrise are factors concerning which a person will not err.

Footnotes for Edut - Chapter 3
1.

The process of derishah and chakirah mentioned in the previous chapter.

2.

Hence the obligation for questioning and interrogation that applies with regard to cases involving capital punishment (Chapter 1, Halachah 4) also applies with regard to cases involving monetary law.

3.

I.e., prospective lenders will fear that the witnesses to the loan will not be able to respond correctly to questioning and their testimony will be nullified. Hence the loan will be nullified and they will lose their money. Out of concern for such a possibility, the lenders may withhold granting loans. To avoid such a situation from arising, our Sages lifted the requirement for a full process of questioning and interrogation.

4.

100 zuz.

5.

Witnesses testify that so-and-so admitted a debt in their presence.

6.

Witnesses testify that a loan or a present was given or a sale was made in their presence. The Talmud states this concept with regard to admissions of liability and loans. Our Rabbis extended it to presents and sales, because they are matters that continually arise and are necessary for the maintenance of ordinary commercial activity, for if they are not dealt with, the plaintiff will suffer financial loss.

7.

E. g., inheritances (Sefer Me’irat Einayim 30:1).

8.

Financial penalties in which the defendant is obligated to pay more or less than the damages involved, e.g., cases involving personal injury. See Hilchot Sanhedrin 5:8; Hilchot Nizkei Mammon 2:8.

9.

Since these matters are uncommon and some do not involve financial loss, our Sages left the situation as prescribed by Scriptural Law and required the full process of questioning and interrogation (Sanhedrin 32b).

10.

The punishments given for the violation of negative commandments and accidental murders. Since the failure to administer these punishments will not interrupt the normal commercial activity of society, our Sages did not alter the prescriptions of Scriptural Law. As stated in Hilchot Sanhedrin 11:4, all the requirements for cases involving capital punishment apply in these instances as well.

11.

I.e., he suspects that the claim is contrived, but does not have definite indications of such. Were he to feel definitively that the case was contrived, he would have to withdraw from the case as stated in Hilchot Sanhedrin 24:3 (Kessef Mishneh).

12.

Since these are essential matters on which the testimony is based and which are required by Scriptural Law, if there is a discrepancy in the testimony of the witnesses, the testimony is nullified. Although are Sages were lenient and did not require the full process of interrogation, if a discrepancy arises, it is considered significant and the testimony disqualified (Radbaz).

13.

Since these are secondary matters, the testimony is allowed to stand. The Radbaz raises a question, noting that as the Rambam rules in Chapter 2, Halachah 3, if there is a discrepancy in the testimony of the witnesses, their testimony is nullified even if the discrepancy involves the bedikot. As explained, the rationale is that it is necessary for testimony to be “precise,” and when there is even a slight discrepancy, that requirement is not met. The Radbaz resolves this difficulty by explaining that the requirement for precise testimony applies only with regard to cases involving capital punishment (the subject of the prooftext cited in the previous chapter) and not ordinary business matters.

14.

Based on the ruling of the Sefer Afeirat Einayim 30:6, it appears that the Rambam’s decision applies not only when the plaintiff claims that only one loan was given, but even when he claims to have lent him money in both Nisan and Iyar.

15.

The Sefer Me’irat Einayim 30:9 and Rabbi Akiva Eiger note that the testimony of the witnesses is disregarded entirely. We do not even consider it as equivalent to the testimony of one witness, in which instance the defendant is required to take an oath to free himself of obligation.

16.

I.e., the silver was so old that it became tarnished and black.

17.

I.e., the silver was new and had not changed color.
The Tur and the Ramah (Choshen Mishpat 30:2) state that this law applies only when the plaintiff demands payment for both these loans. If, however, he demands payment for only one, the claim is not accepted, for his own statements contradict the testimony of the other witness. The Sefer Me’irat Einayim 30:11 explains that there is a difference of opinion between the Rishonim whether this perspective should be followed or not. These principles also apply with regard to the other instances mentioned in this halachah.

18.

The Kessef Mishneh explains that we are referring to a situation where an observer could see both storeys at the same time. If that is not the case, the testimony is nullified, because it is considered a discrepancy involving the place where the loan was given and that is significant.

19.

Thus included in the testimony that the defendant owed 200 was the fact that he owed 100 (a maneh). The fact that there is a discrepancy between the two testimonies is not significant.

20.

The Ramah (loc. cit.) concludes his discussion of this halachah with the statement: “Whenever we can resolve the statements of the witnesses so that they will not be in contradiction to each other, we do.”

21.

Al pi, translated as “on the basis of,” literally means “on the mouths of,” implying that the testimony must be delivered orally by the witnesses.

22.

The Sefer Me’irat Einayim 28:43 emphasizes that the legal document must be composed according to all the rules governing such archives; a personal note is not sufficient.

23.

I.e., a person might refuse to give a loan out of fear that the witnesses will die or be unavailable and he will have no way of compelling the debtor to acknowledge the debt. If, however, the testimony of witnesses recorded on a legal document is deemed acceptable, that document could serve as proof and there would be no need for hesitation.
This concept applies not only to loans, but to sales, presents, and acknowledgments of responsibility as mentioned in Halachah 2. In all these and similar instances, our Sages enacted the acceptance of legal documents as testimony so that ordinary commercial activity could continue unhampered.

24.

For ordinary commercial activity will continue even if these cases are not adjudicated.

25.

According to Rashi (in his commentary to the above verse), if the witnesses do not testify orally, their testimony is nullified according to Scriptural Law. Tosafot, Yevamot 31b, however, rules that as long as witnesses are capable of testifying orally, their testimony is acceptable even if it is recorded in a legal document and sent to the court. Similarly, in his Kessef Mishneh, Rav Yosef Karo cites the opinions of Rabbenu Yitzchak Alfasi and the Rashbatz who admit such testimony. In support of this approach, they cite Jeremiah 32:44: “Purchase fields with silver, record [the sale] in a scroll, seal it, and have the witnesses testify,” which appears to indicate that written testimony is acceptable.
Rav Yosef Karo explains that since the verse is based on the words of the prophets, it is not able to serve as a proof of the Scriptural Law. Nevertheless, he cites a Talmudic passage (Ketubot 21a) which appears to indicate that according to Scriptural Law, testimony recorded in a legal document is acceptable. [Similar concepts are stated by the Ramban in his Hasagot to (Sefer HaMitzvot (mitzvah 178).]
Despite the above, in his Shulchan Aruch (Choshen Mishpat 28:11), Rav Karo quotes the Rambam’s ruling. The Siftei Cofzen 28:14, however, protests this decision, explaining at length that written testimony is acceptable according to Scriptural Law. Similarly, the Sefer Me’irat Einayim 28:42 states that there are sages who allow Torah scholars to convey their testimony in writing rather than appear in person in court.

26.

I.e., the judges asked them the basic questions that determine the accuracy of their testimony.

27.

If, however, a witness makes certain statements outside the court, he can change his mind and testify differently in court. When he provides a feasible explanation, the statements made outside the court are of no consequence whatsoever (Kessef Mishneh).

28.

Ketubot 18b derives this concept from Leviticus 5:1, the source for the mitzvah to testify. That verse states: “If he does not testify, he will bear his sin.” Since the verse mentions testifying only once, the implication is that once he testifies, he cannot retract.
The Radbaz explains that if the intent of the witnesses’ original statements are not clear and they make additional statements that elucidate them, they are not considered to have retracted their statements.
The Sefer Me’irat Einayim 29:2 states that if a witnesses corrects himself in the midst of - or directly after the conclusion of - his testimony or even directly after the testimony of the other witness, the change in testimony is allowed to stand.

29.

The Lechem Mishneh and the Shulchan Aruch (Choshen Mishpat 29:1) state that if it was apparent that a witness erred when testifying, he can correct his error.

30.

I.e., I gave false testimony out of fear that the defendant would harm me.

31.

The Kessef Mishneh explains that one might think that the witnesses’ retraction would not be accepted in situations where their second testimony would cause them to be considered as wicked, e.g., they state that we lied because of fear. In which case the rationale would be that a person’s own testimony can never be used to incriminate him.
The Kessef Mishneh states that this is not the case. Even when the witnesses’ second testimony does not incriminate them, it is not acceptable if it involves a retraction of the first testimony.

32.

If the witnesses were to state that the contract was made conditional to the fulfillment of a stipulation, they would be in effect retracting their initial testimony, for were the stipulation not to be fulfilled, the contract would not be binding.
The Tur and the Ramah differ with this ruling and maintain that witnesses may amend their testimony and state that a condition was involved. The Siftei Cohen 29:2 elaborates in support of the Rambam’s position.

33.

I.e., we assume that they sigried the legal document with the same seriousness with which they approach testifying in court.

34.

See Chapter 6 which explains in detail the processes of validating the authenticity of a legal document.

35.

This ruling applies even if the other witnesses appeared after the witnesses made the statements that raised questions concerning the validity of the legal document. See Chapter 8, Halachah 4.

36.

This and the clause that follows are dependent on two halachic principles: a) miggo, and b) that we do not apply the principle of miggo in a situation where witnesses are present.
To explain: Miggo means that a person’s statements are accepted, because we say that had he desired to lie, he would have told a more effective lie. For example, with regard to the second clause of this halachah, had the witnesses desired to lie, instead of offering the arguments which they did offer, they could have claimed that the signatures are forgeries. Nobody could have disproved their statements, for no one else was familiar with their signatures. Since their word would have been accepted with regard to that statement, it is also accepted with regard to the other claims.
When does this concept apply? When there are no other witnesses involved. When, as in the present clause, there are other witnesses involved and they corroborate the original statement of the witnesses, we do not say: “Had they desired to lie....” For they do not have the option of lying. Even if they would desire to lie, their statements would be contradicted by the other witnesses. Hence, their word is not accepted with regard to other claims.

37.

I.e., “we were compelled to sign because of danger to our lives, but the transaction never took place.” If they said that they were compelled to sign because of financial loss, their word is not accepted. The rationale is that it is forbidden to sign a legal document under such circumstances. Thus by making such an admission, they are acknowledging committing a transgression. In such an instance, their word is not accepted as stated in the following halachah.

38.

And a minor’s testimony is unacceptable.

39.

And a relative’s testimony is unacceptable. This could be speaking about a situation where the relationship came about through marriage. Hence it is possible that at the time the document was composed a family connection existed, but afterwards, because of divorce, it was broken (Sefer Me’irat Einayim 46:100).

40.

And thus unknowingly made our statements in error.

41.

I.e., we committed a transgression punishable by lashes. Hence we are disqualified as witnesses. See Chapter 10.

42.

And we testified falsely. Alternatively, even if they say that they testified truly, but were paid for testifying, their statements are not accepted and the legal document is valid. For the testimony of a person who takes payment for testifying must be disqualified. Thus even in such a situation, their testimony would disqualify them as witnesses (Merkevat HaMishneh).
In his Commentary to the Mishnah [Ketubot 2:3; see also Shulchan Aruch (Choshen Mishpat 46:37)), the Rambam states this ruling applies if they were threatened with financial loss and saved their property by delivering false testimony.

43.

The rationale is that for his testimony to be accepted, the person would have to testify against himself. This is unacceptable, because he is an involved party and thus unacceptable as a witness, as stated in Chapter 12, Halachah 2.

44.

I.e., the witnesses say that the lender promised to give the loan and on the basis of his promise, they signed the promissory note even though they did not witness the loan actually being given. This is considered as giving false testimony, for they state that the loan was given when in fact it was not. See Ketubot 19a, Hilchot Malveh ViLoveh 14:5.

45.

The Radbaz emphasizes that the Rambam’s choice of wording is exact. It is only “as if” the witnesses gave false testimony. Although they should not have signed the legal document, they are not considered as having committed perjury, nor are they disqualified as witnesses in the future.

46.

The Shulchan Aruch (Choshen Mishpat 46:37) states that in both the clauses mentioned in this halachah, the legal document is allowed to stand and a judgment is rendered on its basis. This applies even if the witnesses repented for giving improper testimony. Nevertheless, since the witnesses admitted that they gave improper testimony, they are required to reimburse the litigant who suffered the loss.

47.

As the Rambam states in Hilchot Mechirah, Chapter 10, when a person compels a person to sell property, the seller can nullify the sale by issuing a protest in which he states that he sold the property under duress. According to the Rambam, even if the witnesses know of that protest beforehand, it was still legitimate for them to have signed the deed of sale. Hence even if the validation of their signatures is not dependent on their word, their statements are accepted.

48.

Thus if the condition is not fulfilled, the document will be nullified. Thus in effect, their testimony is nullifying the legal power of the document. Since the condition is not stated in the document, we assume that such a stipulation was not made and we accept their testimony only in the specific instance the Rambam mentions.
This reflects the opinion of the Rambam and his teacher’s master, Rabbenu Yitzchak Alfasi. The Ra’avad takes issue with the matter, noting that other authorities ruled that the statements of the witnesses are accepted in all instances, even when the authenticity of the document could be verified without their testimony. The Radbaz notes that Ketubot 19b appears to support the Ra’avad’s approach although it could be interpreted in a manner that fits the Rambam’s interpretation. The Shulchan Aruch (Choshen Mishpat 46:37) quotes the Rambam’s view. (In Choshen Mishpat 82:12, however, the Shulchan Aruch quotes the view of the Ra’avad. See the Siftei Cohen 82:34 who discusses the matter.)

49.

Following the rationale explained in Halachah 6.

50.

I.e., this is speaking about a situation where the authenticity of the document could be verified without the testimony of the witnesses. Therefore it is considered as if there are two witnesses who testify to the veracity of the legal document and one who states that a condition was involved. The statement of that witness is not of consequence (Radbaz).
The Kessef Mishneh, however, states that this is speaking about a situation where there are no other witnesses to verify the signatures of the witnesses. Hence, everything depends on the testimony of those witnesses. Since one of them does not testify that the legal document is valid - for he claims there is a condition involved - the document cannot be substantiated.
Thus there is one witness who claims that the transaction was ordinary and did not involve a condition (thus he supports the plaintiff's claim) and one who claims that it did. Since there is one witness in support of the plaintiff's claim, the defendant is required to take an oath to deny it. We do not free the defendant from that responsibility because of the testimony of the witness who claims that a condition was involved.
Although the Shulchan Aruch (Choshen Mishpat 46:37) quotes the Rambam’s words when discussing these laws, both the Sefer Me’irat Einayim 46:101 and the Siftei Cohen 46:109 explain that he relies on his ruling (Choshen Mishpat 82:12) in which he states that if one witness states that there was a condition and the other says there was not, the defendant is required to take only a shvuat hesset.

51.

I.e., the principle to be stated applies not only in cases involving capital punishment, but also with regard to those involving monetary law. Although there are differences With regard to other matters, with regard to this point, there is an equation between the two.

52.

With regard to an ox suspected of killing a person, Exodus 21:29 states: “And testimony must be brought against its owner,” i.e., in his presence. From that instance, we extrapolate to others (Bava Kama 112b). In an ordinary situation, if testimony is received in the absence of the opposing litigant, it is unacceptable [Kessef Mishneh; Shulchan Aruch (Choshen Mishpat 28:15)).

53.

Testimony is received so that the case can be tried in the plaintiff’s lifetime. In this way, he will be able to hear the testimony of the witnesses and point out certain factors. The Shulchan Aruch (Choshen Mishpat 28:16) states this leniency also applies when the witnesses are deathly ill. If the defendant is deathly ill, by contrast, we do not take this leniency. Even though this may require the suit to be pressed against the defendant’s heirs (and thus there will be certain difficulties for the plaintiff), we do not allow the witnesses to testify in the defendant’s absence.

54.

I.e., first the defendant must be summoned. There is no concept of having testimony offered without him having the opportunity to be there and hear it firsthand.

55.

The Radbaz states that if a summons was given him and he did not appear, the witnesses may testify in his absence even if they are not planning to travel overseas.

56.

That ordinarily testimony must be given in the litigant’s presence.

57.

I.e., in all instances, even if the defendant is not sick or does not refuse to come to court. For as stated in Halachah 6, when witnesses sign on a legal document, it is as if their testimony was delivered in court. Hence their testimony is a closed issue. It makes no difference whether the defendant was present or not.

58.

Witnesses who support his claim.

59.

In Hilchot Malveh ViLoveh 22:2, the Rambam writes:
[The following rules apply when the borrower] claims: “The promissory note concerning which [the signatures of the witnesses] was validated is a forgery. I will bring proof and nullify [the matter]. The witnesses are located in this and this place and their names are so and so and so and so.” If it appears to the judges that there is substance to his words, a time is established in which he must bring his witnesses [to court]. If it appears to them that he is merely raising deceptive arguments and fallacious claims, they should tell him: “Pay.” Afterwards, if he brings proof of his claim, [the money] should be returned to him.

60.

The Kessef Mishneh explains that the Rambam’s wording is precise. For this ruling to be followed the court must know that the defendant is strong and stubborn and the plaintiff must claim that the witnesses are afraid. The Tur and the Ramah (Choshen Mishpat 28:5) are more stringent and require the plaintiff to prove his claim that the witnesses are afraid.

61.

Although we suspect that the witnesses will refrain from testifying out of dread, we do not suspect that they will lie on behalf of the defendant (Bava Metzia 39b).
In his commentary to that passage, Rashi states that unless the witnesses testify in support of the defendant, the plaintiffs claim is vindicated. Tosafot (Ketubot 27b) differs and maintains that unless the witnesses support the plaintiffs claim, the defendant is released from obligation.

62.

The Kessef Mishneh states that although this ruling is somewhat discriminatory, for it puts the strong and stubborn people at a disadvantage, it is desirable that they feel this compulsion, so that they repent and give up their undesirable paths of conduct.

Footnotes for Edut - Chapter 4
1.

Even if they both see the violator perform the transgression.

2.

For capital punishment to be administered, a person must administer a warning and the transgressor must acknowledge it as stated in Hilchot Sanhedrin 12:2.

3.

The standard version of Makkot, loc. cit., reads: “If [the witnesses] see the person administering the warning or the person administering the warning sees the witnesses.” It appears, however, that the Rambam’s version of the text stated “and” instead of “or.”

4.

Despite the fact that they both saw the person commit the same transgression.

5.

Makkot 6b derives this concept from the exegesis of Deuteronomy 17:6: “One should not die on the basis of the testimony of one witness.” Implied is that seeing the transgression one by one is also insufficient.

6.

And if one of the witnesses is disqualified, the entire testimony is nullified, even though there are two acceptable witnesses who observed the transgression.

7.

Witnesses who conspire and testify falsely. When their testimony is disproved, they are given the punishment that they intended to have given the intended victim.

8.

This concept also applies with regard to testimony regarding prohibitions [Ramah (Choshen Mishpat 30:6)].

9.

For both of them are testifying that he owes him money.
As the Shulchan Aruch (Choshen Mishpat 30:7) states, their testimony is combined only when the plaintiff claims to have given two loans. If, however, he claims to have given only one loan, their testimony is unacceptable, as evident from Chapter 3, Halachah 3.

10.

In this instance, it is possible that the two witnesses are speaking about the same debt.

11.

Here it appears that although the testimony was given afterwards, the loan concerning which he testifies must have been given before the first admission of the debt. Otherwise, the plaintiff must demand payment of two accounts as above (Kessef Mishneh).

12.

And the borrower’s word is not accepted if he claims never to have made the loan.

13.

For when an act of contract is performed, the witness would have the right to record his statements in a legal document at any time; see Hilchot Malveh vLoveh 23:5-6.

14.

In his Kessef Mishneh, Rav Yosef Karo notes that the Tur (Choshen Mishpat 51) states that the document composed has the full status of a promissory note and can be used to expropriate landed property from people who purchased it from the borrower. The Kessef Mishneh differs and maintains that since neither the act of contract nor the original document was witnessed by two people, the document ultimately composed does not have the full power of a legal document and cannot be used to expropriate property. It is valuable only to negate the claim of the borrower if he asserts that he paid the debt. Significantly, in his Shulchan Aruch (Choshen Mishpat 51:1), Rav Yosef Karo rules according to the perspective of the Tur.
The Perishah (Choshen Mishpat 51) notes a difficulty with the Kessef Mishnehs interpretation, for in Hilchot Malveh ViLoveh 14:10, the Rambam writes that even when only one witness signs a promissory note, we do not accept the borrower’s word if he claims to have repaid the debt. In resolution, the Perishah explains that in Hilchot Malveh ViLoveh, the borrower’s word is accepted if he takes an oath to support his claim, while in this halachah, he is not given that option.

15.

Concerning a loan, an admission of debt, or the like.

16.

Since each witness delivered his testimony before a court of law, it is acceptable. The courts, however, must come together as an entire body. It is not sufficient for some members of one court to join together with some members of the other. Nor is it sufficient for witnesses to testify that they heard these witnesses testify, for that would be indirect testimony which is unacceptable [Ramah (Choshen Mishpat 30:11)].

17.

Bava Batra 165b interprets this as referring to an instance when witnesses testified concerning the validity of a promissory note, but the judges journeyed overseas before rendering a decision.

18.

More specifically, one member of one court may join together with two members of another court. Bava Batra, loc. cit., and the Shulchan Aruch (Choshen Mishpat 30:12) speak of the witnesses offering testimony in three different courts. Thus the expression “one judge from each court can join together” is more appropriate.
The judges from the different courts can join together, because each court heard testimony from two witnesses and thus has enough evidence on which to base a ruling. In the first clause, by contrast, each court heard only the testimony of one witness and thus does not have sufficient evidence on which to base a ruling (Sefer Me’irat Einayim 30:34).

19.

The witness will testify before the new court which will include one of the judges from the old court.

20.

For all of the judges on the court rendering the decision did not hear two witnesses offer testimony concerning the debt. Instead, the witness is testifying concerning the debt and the judge is testifying that he heard witnesses testifying concerning the debt [Rashi (Ketubot 21a)].

21.

From this preface, the Kessef Mishneh concludes that the principles the Rambam states apply only with regard to financial matters, and not with regard to questions concerning marriage and divorce, nor with regard to cases involving capital punishment.

22.

Hilchot Toein ViNitan 15:2.

23.

For a claim of possession to landed property to be established, witnesses must testify that the person benefited from the property for three consecutive years (Hilchot Toein ViNitan 11:2). In this instance, none of the witnesses can testify about the entire three year period. Hence their testimony is of no consequence.

24.

For a person to be considered an adult, a woman of 12 years and one day and a man of 13 years and one day must manifest signs of physical maturity, i.e., they must have two pubic hairs. If they do not manifest such signs of maturity, they are still considered minors. This concept has manifold consequences with regard to the laws concerning financial matters. Needless to say, it is also significant with regard to the laws concerning marriage and divorce and the laws involving punishment for transgression (Kessef Mishneh).
Two witnesses must testify that the person in question did in fact manifest such signs of physical maturity. In the instance cited by the Rambam, the testimony of the witnesses is not acceptable, because neither of them gave testimony that could serve as the basis to say that the person manifested signs of physical maturity. They mentioned only half the required information. See also Chapter 21, Halachah 7, and notes.

25.

For one hair in and of itself is of no consequence.

26.

For each of them is delivering testimony that is, in and of itself, complete. Compare to Halachah 3 and Chapter 3, Halachah 3.

The Mishneh Torah was the Rambam's (Rabbi Moses ben Maimon) magnum opus, a work spanning hundreds of chapters and describing all of the laws mentioned in the Torah. To this day it is the only work that details all of Jewish observance, including those laws which are only applicable when the Holy Temple is in place. Participating in one of the annual study cycles of these laws (3 chapters/day, 1 chapter/day, or Sefer Hamitzvot) is a way we can play a small but essential part in rebuilding the final Temple.
Download Rambam Study Schedules: 3 Chapters | 1 Chapter | Daily Mitzvah
Rabbi Eliyahu Touger is a noted author and translator, widely published for his works on Chassidut and Maimonides.
Published and copyright by Moznaim Publications, all rights reserved.
To purchase this book or the entire series, please click here.
The text on this page contains sacred literature. Please do not deface or discard.
Vowelized Hebrew text courtesy Torat Emet under CC 2.5 license.
The text on this page contains sacred literature. Please do not deface or discard.