EXOD857 Do not decide court cases on the basis of circumstantial evidence. Courts are not allowed to sentence anyone to death unless there are two eyewitnesses, both of whom testify in court that the defendant did as charged. If witnesses say only that it is probable or it seems to them that he did the forbidden act, their words are not considered testimony. Similarly, if two witnesses speak against somebody, one saying that he saw him desecrate Shabbos and the other saying that he saw him worship an idol, their words provide no basis for a trial against this person. It is not considered testimony. It is unthinkable to put someone to death on the basis of circumstantial evidence and opinion, even if the facts seem to leave no doubt as to his guilt. If the Torah allowed courts to administer the death penalty on the basis of strong circumstantial evidence, it would lead to the execution of other defendants on the basis of weaker circumstantial evidence, until God forbid, someone could be put to death for an act that he never did. Therefore, Hashem leaves no room for such a possibility. He forbids courts to judge on the basis of any circumstantial evidence.