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Kenneth Cohen

Honest Witnesses

There is a great emphasis in the Torah concerning giving testimony. Proper witnesses are essential for judges being able to give a correct judgement.

There is an obligation on every Jew not to withhold testimony. He must come forward and let the courts know what he knows. In money matters, it is possible to combine the testimony even if given at different times. We are more strict in cases that carry a death penalty.
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It is possible for an individual to be banned from being able to testify. If it is determined that he has lied in court, or his personal conduct is less than exemplary, he may not serve as a witness.

There is also a type of false witness known as עדים זוממים, scheming witnesses. Their intention is to incriminate an innocent individual. They are punished with the same penalty that they tried to pin on their friend.

There are two cases where we cannot punish these scheming witnesses as they intended to do. One case is where they try to disqualify a Kohein from serving in the Temple. They might claim that his mother was divorced. The other case is where the scheming witnesses try to get someone sent to a city of refuge.

We cannot make the witnesses a disqualified Kohein, nor can we send them to a city of refuge. In these cases, the false witnesses are given lashes.

A great deal is written about testimonies and witnesses. It is essential to have an honest court system so that we merit inheriting the land.

About the Author
Rabbi Cohen has been a Torah instructor at Machon Meir, Jerusalem, for over twenty years while also teaching a Talmud class in the Shtieblach of Old Katamon. Before coming to Israel, he was the founding rabbi of Young Israel of Century City, Los Angeles. He recently published a series of Hebrew language-learning apps, which are available at www.cafehebrew.com