Powtórzonego Prawa 17:6 Odniesienia Miszny: Mishnah Makkot & Mishnah Sotah

“A person shall be put to death only on the testimony of two witnesses or three witnesses” (Deuteronomy 17:6).If the testimony is sufficiently established by two witnesses, why does Scripture [further] specify three? This is to compare two to three: just as three are competent to incriminate two as perjurers, so are two competent to incriminate three as perjurers. How do we know [that two or three can even incriminate] a hundred? The Torah states “witnesses”. Rabbi Shimon says: “Just as two witnesses are not put to death until both have been incriminated as perjurers, so three are not put to death until all three have been incriminated as perjurers. How do we know [that two or three can even incriminate] a hundred? The Torah states “witnesses”. Rabbi Akiba says: “The third witness was only mentioned in order to be stringent upon him and make his judgement the same as the other two. And if Scripture thus penalizes one who consorts with those who commit a transgression, as [if he is actually] one of those who commits the transgression, how much more so shall he who consorts with those who perform commandments receive a reward as [if he is actually] one of those who performs the commandments!”

If two persons see him [the transgressor] from one window and two other persons see him from another window and one standing in the middle warns him, then, if some on one side and some on the other side can see one another, they constitute together one body of evidence, but if they cannot [see one another], they are two bodies of evidence. Consequently, if one of these is found to be a perjurer, both [the transgressor] and those two witnesses are put to death, while other group of witnesses is exempt. Rabbi Yose says: “He is never put to death unless two witnesses had warned him, as it says, “by the mouth of two witnesses..” (Deut. 17:6). Another interpretation: “By the mouth of two witnesses”: that the Sanhedrin shall not hear the evidence from the mouth of an interpreter.

For it would have been logical: Now if the first evidence [that the woman had secluded herself with the man], which does not prohibit her [to her husband] for all time, is not established by fewer than two witnesses, is it not logical that the final evidence [that she had been defiled] which does prohibit her to him for all time, should not be established by fewer than two witnesses! Scripture states, “And there is no witness against her” (Numbers 5:13) whatever testimony there may be against her [is believed]. And now with respect to the first evidence [about her seclusion with the man] there is an a fortiori (kal vehomer) argument: Now if the final evidence [regarding her being defiled], which prohibits her to her husband for all time, is established by one witness, is it not logical that the first evidence, which does not prohibit her to him for all time, should be established by one witness! Scripture states, “Because he has found some unseemly matter in her” (Deuteronomy 24:1), and elsewhere [Scripture] states, “By the mouth of two witnesses ... shall the matter be established” (Deuteronomy 19:15); just as the “matter” mentioned in this latter case must be based on the testimony of two witnesses, so also here [in the case of the suspected woman] the “matter” must be based on the testimony of two witnesses.