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However, the mishna (Sanhedrin 4:5) understands it in context of one who knows testimony on behalf of his friend but does want to go through the rigors of interrogation before beit din. According to this approach, it is a broadening of the Ten Commandments, where we find "Do not serve as a false witness against your friend." Here, we are commanded not to be a bad witness, even through inaction, by refusing to testify. Whether he refrains to save embarrassment, to avoid a fight, or for any other invalid reason, he will bear the sin. The sin is not limited to two witnesses, who are fully believed by beit din. Even one witness is required to testify, as his testimony can be of help; if he does not, he has a moral obligation to pay for the funds a litigant might have received as a result (Rambam, Edut 17:7).
However, according to this approach, what does the beginning of the pasuk, referring to hearing the voice of a curse, have to do with refusal to testify? Ibn Ezra explains that it refers to an ancient minhag. When authorities were unable to solve a case for lack of evidence, they would put a cherem on whoever knew information and did not testify. Whoever ignored the cherem, says the pasuk, would bear a sin.
As far as halacha is concerned, Chazal interpreted the pasuk differently. The mishna (Shvuot 4:3) says that it is referring to witnesses who denied knowing about the case and had an oath administered to them by the litigant, to which they answered amen falsely. In such a case they were obligated to bring a korban known as an oleh v’yored. This approach connects the beginning of the pasuk to its end and also explains why it is found in relation to korbanot.
This approach also shows a contrast between our legal process and those of other cultures. Many courts around the world make witnesses swear, before testifying, that they will tell the truth. This is unnecessary for us because we all have taken an oath at Sinai not to testify falsely. Oaths in court are used, according to the Torah, only for litigants to confirm their claims and by reluctant witnesses to make sure they agree to testify.
We conclude with a midrash and a pasuk related to our topic: "One who divides up with a thief hates his soul; he hears a curse and will not tell" (Mishlei 29:24). The midrash (Vayikra Rabba 6) says this refers to one who saw a theft and is promised money by the thief if he refrains from reporting him.
Let us pray for the renewal and improvement of a complete Torah judicial system.
Rabbis in Midrash
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Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.
Ein Aya One Humanity, One Creator, One Jerusalem
Rav Kook innovatively and beautifully explains this aggadeta where our sages say that after Jerusalem was destroyed her cinnamon fragrance is only found locked in a particular kingdom's treasury.
Shlach Lecha "Why So Many Don't Make Aliya?" - Parshat Shlach
This short article deals with the weird phenomena that every single time Am Yisrael is meant to enter the Land of Israel, throughout the Tanach, 2nd Temple and until today, they "chicken out" and look for excuses. What's the problem with this mitzvah that proves so challenging. The article, based on sources, suggests that the difficulties of Eretz Yisrael is precisely her secret and beauty!
Kuzari -Rabbi Ari Shvat Kuzari class 4
The class deals with Islam and how the Muslim tries convincing the King of the Khazars, and why he was also rejected.
Beha'alotcha JEWISH STATE= GUIDE TO G-DLINESS & SELFLESSNESS
A Jewish State not only is a good idea, but educates us towards selflessness, altruism and G-dliness in our daily lives.
Ein Aya In Zion Even the Smoke of the Bark is Sweet
Just as Jewish nationalism is different from others, so too our capitol of Jerusalem is totally different than other national capitols. Rav Kook beautifully explains the passage in the Talmud that the trees of Yerushalayim were cinnamon trees.
Kuzari -Rabbi Ari Shvat Kuzari class 3
The second speaker invited to convince the Khazar King is the Christian, who presents their beliefs. Even before the questions of the King, "between the lines", the author R. Yehuda HaLevi already begins disproving them.
Ein Aya "Intimacy: Love, Life & Giving or Egocentric Taking & Expiration"
Today, many confuse between intimacy in marriage, based on love, giving and life which are diametrically opposed to empty "sex", pornography and prostitution which destroyed the Beit HaMikdash. The practical importance of clarifying this topic in today's western society is obvious, especially for young adults.