Positive Commandment 179 (Digest)
Examining the Witnesses
"You shall inquire, search, and ask diligently"—Deuteronomy 13:15.
Judges are commanded to deliberately, thoroughly and painstakingly cross-examine witnesses, and only then to issue a verdict and punish.
Unabridged English Text of this Mitzvah »
« Close
> The 179th mitzvah is that we are commanded to investigate and examine the witnesses' testimony before inflicting punishment and issuing a legal decision. We must be as exact as possible in order to avoid making innocent people guilty by reaching a decision based on first impressions and in haste.
>
>
> The source of this commandment is G‑d's statement;) (exalted be He), "You must investigate and examine, making careful inquiry. And if it is established to be true..." [then you must carry out the punishment].
>
>
> The details of this mitzvah and its various categories — including how to investigate,;) how to examine,;) how precise we must be, and when the testimony is accepted or rejected based on the investigation — are explained in tractate Sanhedrin.;)
>
>
>
> Footnotes
>
>
>
> 1.
>
> Deut. 13:15.
>
>
>
> 2.
>
> The questions referred to as d'rishos address the main subject of the testimony, such as which idol was worshiped, what was the murder weapon, etc. See Hilchos Eidus, Ch. 1, Halachah 4; S'ma, Choshen Mishpat 30:5.
>
>
>
> 3.
>
> The questions referred to as chakiros include the time (i.e. the year, the year of the shemitah cycle, the month, the date, the day of the week, the hour) and the location where the act took place. There are a total of seven chakiros. See Hilchos Eidus, ibid.
>
>
>
> 4.
>
> 40a ff.