신명기 17:6의 Halakhah

Of even more significance insofar as actual execution of capital punishment is concerned are the rules of evidence governing criminal proceedings under Noachide law. Jewish courts require testimony of at least two credible eye-witnesses for imposition of either corporal or capital punishment. The Bible expressly declares, "At the mouth of two witnesses, or three witnesses, shall he who is worthy of death be put to death" (Deut. 17:6). The testimony of a single witness and, a fortiori, circumstantial evidence, is not admissible.⁵The testimony of witnesses who have actually seen the act may be dispensed with only if culpability can be inferred with absolute certainty from the facts to which eyewitness testimony is presented. For example, Shevu‘ot 46b, states that liability for battery may be established even if witnesses have not observed the act itself provided that the evidence incontrovertibly established (a) that the wound could not possibly be accidental or self-inflicted, e.g., a bite on the back or on the elbow joint; and (b) that no other person was present and hence the defendant must have committed the act. Tosafot, Shevu‘ot 34a, asserts that such evidence may be admitted in capital cases as well. Rambam, Sefer ha-Mizvot, mizvot lo ta'aseh, no. 290, basing himself upon Mekhilta 20:211, regards the verse "the guiltless and righteous you shall not kill" (Exodus 23:7) as an admonition addressed to the Bet Din directing its members not to execute judgment when it is at all possible that the accused is innocent, i.e., when the evidence is circumstantial in nature.

11. A testimony sent in writing to the court is not testimony because the Torah states, “al pi shenayim edim”- it must be from their mouths and not from their writing. This is in fact our custom, not like those who allow it for otherwise valid witnesses who are not mutes.

And Rambam, may his memory be blessed, wrote (Mishneh Torah, Laws of Testimony 3:4) that the main testimony of the Torah is from the mouth of witnesses and not from the mouth of their writing, as it is stated (Deuteronomy 17:6), "By the mouth, etc."; except that because of the betterment of the world, such that people would find [those from whom] to borrow, the Sages ordained that we establish law with regard to money according to witnesses in a deed, the same as from their mouth. But Ramban, may his memory be blessed, (in the Sefer HaMitzvot at the end of the second root) challenged him greatly about this in the Sefer HaMitzvot. And if I would come to write the whole matter, it would be lengthy. But the essence of the thing is that Ramban, may his memory be blessed, holds that the testimony of a deed is from Torah writ, as it is written (Jeremiah 32:44), "write in the book, and seal."

That He prohibited the witness from speaking about the case about which he testified. And even if he is a sage and knowledgeable, he may not be a witness, [as well as] a judge and a claimant. Rather he must testify about what he saw and be silent; and the judges will do with his testimony what seems fit to them. And the prohibition comes to not speak anything beyond the testimony - but this is only about capital cases. And that is His, may He be exalted, saying, "but one witness shall not testify against any person to cause him to die" (Numbers 35:30). And the prohibition about this was repeated with His saying, "at the mouth of one witness, he shall not be put to death" (Deuteronomy 17:6) - meaning to say, he shall not be put to death from the claim of the witness. And in Sanhedrin (Sanhedrin 33b), they said, "'But one witness shall not testify against any person' - whether to exonerate or to incriminate." And they explained [that] the reason for this is because it is as if he is predisposed towards his testimony. But it is only in capital cases that it is forbidden [for a witness] to argue - whether for acquittal or for incrimination. (See Parashat Masei; Mishneh Torah, Testimony 5.)

That the witness not issue a ruling in the case that he is testifying about in capital punishments: That the witness not speak about the case that he is testifying about in capital punishments, except for his saying his testimony alone - and even though he is educated and wise; as the witness is not made into a judge in capital punishments, as it is stated (Numbers 35:30), "and a single witness should not respond about a soul for death." And Rambam, may his memory be blessed, wrote (Sefer HaMitzvot LaRambam, Mitzvot Lo Taase 291), "And the negative commandment about this matter is repeated, as it is stated (Deuteronomy 17:6), 'he shall not be killed by the mouth of one witness' - meaning to say, he shall not be killed by the ruling of the witness. And they said in Sanhedrin 33b-34a, '"And a [...] witness should not respond about a soul," whether for innocence or whether for guilt.' And they explained that the reason for this is that it appears as if he is biased in his testimony. And this matter that he cannot respond - whether for innocence or whether for guilt - is only with capital punishments."