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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.
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
Rabbis in Midrash
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(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
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(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
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Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
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Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
