Talmud su Deuteronomio 13:15

HALAKHAH: “Both civil suits,” etc. Rebbi Joḥanan said, to protect Israel’s money they said, “tell why you know that this person owes the other.⁵While the Mishnah requires the same kind of cross-examinations and determinations in civil as in criminal cases, R. Johanan holds that by rabbinic fiat, witnesses in civil cases are not to be subjected to cross-examinations that stray from the main topic. While it is necessary in criminal trials to disqualify any witness whose testimony is not 100% consistent (since God has promised to punish every evildoer who escapes human justice,Ex. 23:7), excessively rigid standards in civil cases would prevent most owners of capital from lending it, therefore leading to the ruin of the poor. It is in the public interest that claims be swiftly and easily adjudicated. The question quoted (Mishnah 3:9) is the paradigm for any questions to be asked.” Rebbi Ḥiyya bar Abba asked before Rebbi Yasa⁶One has to read יסא for יוסי. R. Hiyya bar Abba was R. Yasa’s student and R. Yose’s teacher’s teacher.: What does one do in practice? He answered, following Rebbi Joḥanan, as Rebbi Joḥanan said, to protect Israel’s money they said, “tell why you know that this person owes the other.” Ze‘ir bar Ḥinena in the name of Rebbi Ḥanina and Rav Jehudah, one said: You shall cross-examine, investigate, and inquire well⁷Deut. 13:15, referring to a criminal case.. The other said, equity, equity you shall pursue.⁸Deut. 16:20, referring to all judicial proceedings. How is that? If you see that the verdict will be the truth, investigate it⁹In criminal cases, there is an obligation on the judges to ascertain the truth as well as possible. In the Babli, 32a, the duty to careful investigation is emphasized in all cases where the judges suspect foul play by one of the parties; cf. Note 10.; otherwise, act in equity.¹⁰In civil cases, the judges have to ascertain that the judgment be equitable.

From where the seven investigations? Samuel the Elder stated before Rebbi Aḥa: You shall inquire, investigate, ask in depth, and behold, the matter is well founded¹⁰Deut. 13:15. The judicial inquiry is described by seven words.. He told him, this verse does not work¹¹At least another word has to be added to reach the next dividing accent; stopping at נָכוֹן is unjustified. On the other hand, the two words דָּרַשׁתָּ הֵיטֵב represent a single notion.; but: you shall inquire, investigate, ask in depth; it will be told to you, you shall listen, ask in depth¹²Deut. 17:4.. In depth, in depth for an equal cut, to require in each case listening, asking, inquiry, and investigation¹³Both verses 13:15 and 17:4 mention five notions each of inquiry; eliminating the words appearing twice one is left with seven different words. Babli 40a, Sifry Deut. 93.. Rebbi Isaac asked about this: If they caught an armed robber in Tiberias and said, this is the murderer, this is the murdered; why does this need seven investigations¹⁴Is the situation not obvious?? Issi said, any time that the witnesses could not be proven perjured, the murderer cannot be executed on that testimony¹⁵Since perjured witnesses in a capital case can be executed if it was shown that they could not have seen the act since at the pretended time they were at another place, a criminal trial can proceed only if the witnesses can be made to testify about the exact time and place where the observed criminal act took place..