Monday

י"ח אלול התשפ"ו

Monday
י"ח אלול התשפ"ו

חיפוש בארכיון

Mitzvah #122 – The mitzvah of testifying in Beis Din

Torah Portion: Vayikra

 

If he is a witness — either he saw or he knew — if he does not testify, he shall bear his iniquity (Vayikra 5:1).

 

It is a positive commandment to testify before the judges about whatever we know [firsthand], whether the testimony is about a person who is guilty of a capital offense or he will be liable for monetary payment; or the opposite, it is a testimony that will exonerate the person from having to pay monetarily or with his life. It is thus written, If he is a witness — either he saw or he knew — if he does not testify, he shall bear his iniquity (Vayikra 5:1).

 

However, there is a difference between monetary cases and capital cases or other transgressions of the Torah. In monetary cases, one is not obligated to come testify on his own but only if one of the parties in the case or the court demand his testimony. But with regard to transgressions of the Torah, such as when a person saw another Jew commit a sin; or testimony regarding lives, such as when one witnessed a person kill his fellow; or testimony regarding bodily harm, such as that one person struck another person — in all such cases one is obligated to come on his own before the court (beis din) and testify about what he witnessed in order to eradicate evil and to prevent the other person from forbidden activities.

 

Among the roots of the mitzvah is the great benefit that this mitzvah brings to people. There is no need to elaborate about them, for they are obvious to everybody under the sun.

 

This mitzvah applies in all places and at all time, to men who are qualified to testify. If the testimony the witness withheld was about money, and he denied knowing about it and took an oath to that effect, he must bring an “Ascending and Descending” offering.

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