PARASHAT SHOFTIM
The Profound Duty of Witnessing
In this week’s parashah, Shoftim, we encounter a significant exploration of justice, governance, and the critical role of witnesses in a just society. The Torah states in Deuteronomy 19:15:
לֹא-יָקוּם עֵד אֶחָד בְּאִישׁ, לְכָל-עָוֹן וּלְכָל-חַטָּאת, בְּכָל-חֵטְא אֲשֶׁר יֶחֱטָא: עַל-פִּי שְׁנֵי עֵדִים, אוֹ עַל-פִּי שְׁלֹשָׁה עֵדִים–יָקוּם דָּבָר.
“A single witness shall not rise up against a person for any iniquity or sin that he may commit; by the testimony of two witnesses or by the testimony of three witnesses shall a matter be confirmed.”
The Grammar of Testimony
The text employs interesting linguistic constructions that the Rabbis found particularly meaningful. Notice the phrase “לֹא-יָקוּם עֵד אֶחָד” (a single witness shall not rise up) contrasted with “יָקוּם דָּבָר” (a matter shall be confirmed). The same verb form of קום (to rise or establish) is used in both clauses, creating a deliberate parallel construction. The Talmudic Sages understood this repetition to emphasize that while one witness cannot “establish” a case, multiple witnesses can “establish” truth.
Additionally, the phrase “עַל-פִּי” (by the mouth of) appears twice, emphasizing oral testimony rather than written evidence, a principle that would become foundational in Jewish jurisprudence.
Talmudic Elaboration
The Talmud in Makkot elaborates extensively on these verses. In Makkot 5b, we learn:
תנו רבנן: מניין להזמה שהיא בשנים? שנאמר: (דברים יט, טו) לא יקום עד אחד באיש. ממשמע שנאמר לא יקום עד אחד, איני יודע שהוא אחד? מה תלמוד לומר אחד? זה בנה אב: כל מקום שנאמר עד, הרי כאן שנים, עד שיפרוט לך הכתוב אחד.
“The Rabbis taught: From where do we learn that the disqualification of witnesses through hazamah (proving their testimony false through alibi) requires two witnesses? As it says, ‘A single witness shall not rise up against a person.’ From the phrase ‘a single witness shall not rise up,’ don’t I already know it’s one? Why does it specify ‘single’? This builds a principle: wherever the Torah says ‘witness,’ it means two, unless the verse explicitly states ‘one.'”
This exemplifies how the Rabbis derived complex legal principles from seemingly redundant wording. The unnecessary specification of “single” witness teaches us that the default meaning of “witness” in the Torah is actually two witnesses.
Another remarkable principle emerges in Sanhedrin 30a regarding the requirement that groups of witnesses must see an event simultaneously, because each group counts only as one if their testimony is from the same window, or angle:
אמר רבא: שנים שראו מבחלון זה ושנים ראו מחלון זה, ומקצת אלו רואין אלו – הרי אלו עדות אחת לקיימה, ושתי עדיות להזימה.
“Rava said: If two witnesses observed from one window and two others observed from another window, and they can partially see each other, they constitute one testimony for the purpose of establishing a matter, but two separate testimonies for the purpose of hazamah (disqualification).”
The Biblical Heritage in American Jurisprudence
The Biblical concept of witnesses profoundly influenced Western legal systems, including American jurisprudence. The Sixth Amendment to the U.S. Constitution guarantees the accused “to be confronted with the witnesses against him,” echoing the Torah’s requirement for face-to-face testimony. This principle appears in Deuteronomy 19:16-17:
כִּי-יָקוּם עֵד-חָמָס בְּאִישׁ; לַעֲנוֹת בּוֹ סָרָה. וְעָמְדוּ שְׁנֵי-הָאֲנָשִׁים אֲשֶׁר-לָהֶם הָרִיב, לִפְנֵי ה’, לִפְנֵי הַכֹּהֲנִים, וְהַשֹּׁפְטִים, אֲשֶׁר יִהְיוּ, בַּיָּמִים הָהֵם.
“If a false witness rises against any person to testify against him of wrongdoing, then both men in the controversy shall stand before the LORD, before the priests and the judges who serve in those days.”
The Torah’s insistence on multiple witnesses to establish criminal guilt finds parallel in American legal standards of proof “beyond reasonable doubt” and protections against self-incrimination. Even the concept of cross-examination has roots in the Biblical requirement from Deuteronomy 19:18:
וְדָרְשׁוּ הַשֹּׁפְטִים, הֵיטֵב
“And the judges shall inquire diligently…”
Additionally, the severe penalties for false testimony outlined in Deuteronomy 19:19 underscore the sacred nature of truth in testimony that remains foundational to modern perjury laws:
וַעֲשִׂיתֶם לוֹ, כַּאֲשֶׁר זָמַם לַעֲשׂוֹת לְאָחִיו; וּבִעַרְתָּ הָרָע, מִקִּרְבֶּךָ.
“Then you shall do to him as he thought to have done to his brother; so you shall put away the evil from among you.”
Beyond the Courtroom
Our parashah’s teachings extend far beyond legal proceedings. In a broader sense, we are all witnesses to reality, charged with the sacred task of perceiving and reporting truth. The Hebrew word for witness, “עֵד” (eid), shares its root with the word “עֵדוּת” (eidut), meaning testimony or evidence, and “עדָה” (edah), meaning community. This linguistic connection suggests that bearing witness is not merely an individual act but a communal responsibility.
As we navigate our world, we must strive to be honest reporters of what we see and experience. The Talmud teaches in Shevuot 30b:
מניין לדיין שיודע בדין שהוא מרומה שלא יאמר הואיל והעדים מעידין אחתכנו ויהא קולר תלוי בצוארי עדים? תלמוד לומר: “מדבר שקר תרחק”
“How do we know that a judge who recognizes that a case before him is fraudulent should not say: ‘Since the witnesses testify, I will decide the case and the responsibility will rest on the witnesses’? Because the Torah states: ‘Distance yourself from falsehood.'”
This teaching reminds us that witnessing truth carries moral weight beyond mere factual reporting. We must not only see reality but engage with it ethically.
And, why do we not share more testimony with one another about the wonders of creation? When we witness the beauty of nature – a sunset casting golden light across mountain peaks, or the intricate design of a flower – we bear witness to divine creation. As the Psalmist declares in Psalm 19:2:
הַשָּׁמַיִם מְסַפְּרִים כְּבוֹד-אֵל; וּמַעֲשֵׂה יָדָיו מַגִּיד הָרָקִיעַ.
“The heavens declare the glory of God; and the firmament shows His handiwork.”
When we truly witness the world around us, we participate in a form of testimony that approaches reverence. The act of seeing truth is edging toward beauty; bearing witness to wonder is acknowledging the divine artistry woven into creation.
Emily Dickinson captured this sacred dimension of witnessing in her poem “I’ll tell you how the Sun rose”:
“I’ll tell you how the Sun rose –
A Ribbon at a time –
The Steeples swam in Amethyst –
The news, like Squirrels, ran –”
Dickinson here becomes a witness to dawn, faithfully recording its unfolding beauty. Her careful observation transforms into testimony of the miraculous in the ordinary. Just as legal witnesses in Parshat Shoftim bear responsibility for truth, Dickinson assumes the mantle of faithful witness to nature’s glory.
William Blake similarly understood the profound meaning of witnessing when he wrote in “Auguries of Innocence”:
“To see a World in a Grain of Sand
And a Heaven in a Wild Flower
Hold Infinity in the palm of your hand
And Eternity in an hour.”
Blake reminds us that witnessing requires not just seeing, but seeing deeply. When we truly witness creation, we glimpse eternity and godliness.
Bearing Witness in Community
Our tradition teaches us that bearing witness is not simply an individual act but something we do in community. Just as the Torah requires multiple witnesses to establish truth, we strengthen our collective witnessing through shared experience and memory. A minyan gathered on a Shabbat morning reads the Torah but also witnesses the Sinai experience generation after generation.
This Shabbat, I invite you all to come bear witness to our tradition by participating in services as our family commemorates the first yahrzeit of Anita Halper, Amy’s mother, who died a year ago. In doing so, we fulfill one of the most sacred forms of witnessing – remembering those who came before us and honoring their legacy.
By bearing witness together, we transform individual memory into communal testimony. We affirm that a life lived continues to matter and that the values, love and professional expertise Anita embodied remain present among us. In our remembrance, we become witnesses to the enduring power of connection across generations.
The act of witnessing – whether in a courtroom, in nature, or in community – calls us to the highest standard of truth and presence. May we all rise to this sacred responsibility, bearing faithful witness to justice, beauty, and the preciousness of each human life.
Shabbat Shalom,
Rabbi Bolton