Devarim 17:6

6 At the mouth of shneym edim, or shloshah edim, shall he that is worthy of death be put to death; but at the mouth of ed echad (one witness) he shall not be put to death.

Devarim 17:6 Meaning and Commentary

Deuteronomy 17:6

At the mouth of two witnesses, or three witnesses, shall he
that is worthy of death be put to death
The idolater found guilty was to be stoned; two witnesses were sufficient to prove a fact, if three the better, but, on the testimony of one, sentence might not be pronounced. Aben Ezra observes, that some say, if two witnesses contradict two other, a third turns the scale and determines the matter; and others say, that two who are wise men will do, and three of others; and because it is said "at the mouth" of these witnesses, it is concluded, that a testimony should be verbal and not written; should not be recorded, neither in pecuniary cases nor in capital ones, but from the mouth of the witnesses, as it is said "at the mouth" at their mouth, and not from their handwriting F5:

[but] at the mouth of one witness he shall not be put to death;
so careful is the Lord of the lives of men, that none should be taken away but upon full and sufficient evidence, even in cases in which his own glory and honour is so much concerned.


FOOTNOTES:

F5 Maimon. Hilchot Eduth, c. 3. sect. 4.

Devarim 17:6 In-Context

4 And it be told thee, and thou hast heard of it, and inquired diligently, and, hinei, it be emes, and the thing nakhon (certain, correct), that such to’evah (abomination) is wrought in Yisroel,
5 Then shalt thou bring forth that ish or that isha, which have committed that wicked thing, unto thy she’arim, even that ish or that isha, and shalt stone them with avanim, till they die.
6 At the mouth of shneym edim, or shloshah edim, shall he that is worthy of death be put to death; but at the mouth of ed echad (one witness) he shall not be put to death.
7 The hands of the edim shall be first upon him to put him to death, and afterward the hands of kol haAm. So thou shalt put harah (the evil) away from among you.
8 If there arise a matter too hard for thee in mishpat, between dahm and dahm, between din and din, and between nega and nega, being matters of controversy within thy she’arim, then shalt thou arise, and get thee up into the place which Hashem Eloheicha shall choose;
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