- Sections
- P'ninat Mishpat
An Obligation for One to Testify in a Felony Case
Case:
Ruling : The Shulchan Aruch (Choshen Mishpat 28:1) rules: "Whoever knows testimony about his friend, is fit to testify, and it is a situation where his friend could benefit from the testimony is required to testify when he is demanded to do so, whether he has another witness with him or whether he is on his own."
There are three sources that justify this halacha: 1) There is a direct obligation to testify (see Vayikra 5:1); 2) There is a prohibition to stand idly by as one is damaged; 3) There is a mitzva to return a lost item. The latter two sources apply even to testimony in secular court, as a manifestation of the obligation to assist a counterpart in trouble. Regarding the formal obligation to testify, the Divrei Yatziv (CM 79) cites the Chik’kei Lev (CM 26) who leaves it as an open question if the mitzva to testify applies in secular court. Regarding a felony case, it is even possible that the governmental secular courts are the proper venue, in which case the Chik’kei Lev might agree that the mitzva to testify applies.
It is a question whether the obligation to testify applies to a single witness. The Shulchan Aruch’s language implies that it does. The K’tzot Hachoshen (28:3) says that it applies in regard to the mitzva to return a lost item. The Netivot Hamishpat (28:1) says that for one witness, there is only a rabbinic obligation.
The Shulchan Aruch (ibid.) says that even if one did not fulfill his obligation to testify, he is not obligated to pay for losses that resulted from this refusal. However, he has a chiyuv latzeit y’dei shamayim (a moral obligation) to compensate. In this case, there are specific reasons to exempt def from paying. Def told police who investigated the matter that both parties were involved in the physical contact. Thus, he already let law enforcement know that the event was not a one-sided attack, and the courts were already made aware of this. Furthermore, in his ruling, the judge said that he would have held pl liable for these payments even if he would have accepted fully pl’s version of the story. Finally, even if it were possible that the information that def withheld would have enabled pl to have won the case, he did not prove that claim to beit din.
The plaintiff (=pl) was involved in an altercation, during which he hit and injured someone. The injured person filed a complaint that was heard by the secular courts, and pl was found guilty. He was compelled to pay for damages and was given an additional penalty. Pl demanded of the defendant (=def), who witnessed the event, to testify in court and, if he is unwilling to do so, to assume pl’s obligated payments. Def says that he does not have a clear recollection of the details and anyway would not be able to alter the outcome of the trial.
Ruling : The Shulchan Aruch (Choshen Mishpat 28:1) rules: "Whoever knows testimony about his friend, is fit to testify, and it is a situation where his friend could benefit from the testimony is required to testify when he is demanded to do so, whether he has another witness with him or whether he is on his own."
There are three sources that justify this halacha: 1) There is a direct obligation to testify (see Vayikra 5:1); 2) There is a prohibition to stand idly by as one is damaged; 3) There is a mitzva to return a lost item. The latter two sources apply even to testimony in secular court, as a manifestation of the obligation to assist a counterpart in trouble. Regarding the formal obligation to testify, the Divrei Yatziv (CM 79) cites the Chik’kei Lev (CM 26) who leaves it as an open question if the mitzva to testify applies in secular court. Regarding a felony case, it is even possible that the governmental secular courts are the proper venue, in which case the Chik’kei Lev might agree that the mitzva to testify applies.
It is a question whether the obligation to testify applies to a single witness. The Shulchan Aruch’s language implies that it does. The K’tzot Hachoshen (28:3) says that it applies in regard to the mitzva to return a lost item. The Netivot Hamishpat (28:1) says that for one witness, there is only a rabbinic obligation.
The Shulchan Aruch (ibid.) says that even if one did not fulfill his obligation to testify, he is not obligated to pay for losses that resulted from this refusal. However, he has a chiyuv latzeit y’dei shamayim (a moral obligation) to compensate. In this case, there are specific reasons to exempt def from paying. Def told police who investigated the matter that both parties were involved in the physical contact. Thus, he already let law enforcement know that the event was not a one-sided attack, and the courts were already made aware of this. Furthermore, in his ruling, the judge said that he would have held pl liable for these payments even if he would have accepted fully pl’s version of the story. Finally, even if it were possible that the information that def withheld would have enabled pl to have won the case, he did not prove that claim to beit din.

P'ninat Mishpat (683)
Various Rabbis
75 - Maintaining Certain Conditions Under a New Agreement
76 - An Obligation for One to Testify in a Felony Case
77 - Testimony That Was Accepted in the Absence of a Litigant
Load More

Who’s Responsible for the Leak?
Based on ruling 80133 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Tevet 5783

Buying a Driving School Car
Various Rabbis | 6 Av 5767

Returning Pre-Payment for a Rental
Various Rabbis | Shvat 5768

Disqualifying the Sale of Public Property
Various Rabbis | 5774

Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.

Four Prototypes of Service of Hashem
5774

Following the Majority When the Minority Is More Knowledgeable
5771

Support for Sons Not Living With Their Father
5770

Sub-Par Guest House Experience? – part II
Tevet 12 5777

Roasted Foods on Pesach
Rabbi Daniel Mann | Nissan 12 5776

This is the way we wash our hands
Rabbi Yirmiyohu Kaganoff | Tamuz 4 5775
Mourning Customs During the Omer
Rabbi Eliezer Melamed | 5764

Double Wrapping Food in a Treif Oven
Rabbi Daniel Mann | Kislev 4 5777
The Secret Love
Rabbi Netanel Yossifun | Nissan 2 5783

Now I Have it, Now I Don’t
Rabbi Yirmiyohu Kaganoff | Nissan 5783

Well, bless my Seder!
Rabbi Stewart Weiss | Nissan 5783
