DEUT953 See [[LEV618]] Leviticus 19:17 sin SEFER 108-110

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DEUT954 A Jewish court can only rule and act upon the valid report of two legitimate witnesses [this verse], a situation that is almost impossible in cases of sexual abuse of children. And the testimony of a child is not admitted at all in a Jewish court. What then it is the right thing to do according to Judaism at the stage of innuendo, suspicion, and/or accusation without actual proof? The Rabbis had enough savvy to understand how and when to act even without adequate witnesses and to differentiate between accusations and substantiations, between circumstantial evidence and proof. The Talmud asks how King David could have acted upon the Lashon Harah (slanderous speech) of Tziba? It answers that he saw other things besides Tziba's words that convinced him of the facts, and he did not act on the words alone (Shabbat 56a). Thus, we see that sometimes, besides actual witnesses, evidence can be intuitive and common sense can be employed to act upon it, thereby ameliorating the need to rely solely upon accusations. Sometimes even an allegation is enough to justify punishment under certain circumstances (i.e., if other circumstantial evidence helps determine the facts in the case). Therefore, in particular circumstances and in the absence of valid witnesses, the Talmud states that it is permitted to give a person the punishment of flogging merely based on a rumor of evildoing (Kiddushin 81a).

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DEUT955 See [[NUM431]] Numbers 35:34 defile OXFORD 476

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DEUT960 It is a negative commandment to establish nothing as certain by the word of one witness for Scripture states, A single witness shall not stand up against a man for any iniquity or for any sin [this verse] -- which means to impose punishment on the word of one witness.

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DEUT957 Do not judge on the basis of testimony from only one witness. Each of us has an element of baseness in him-- the yetzer hara (evil inclination). Sometimes, this baseness stirs up hatred in our heart for a fellow Jew. It can happen even to someone who is known for his righteousness. Suddenly, his whole state of mind changes, and he wants to harm a fellow Jew. For this reason, it is not fitting to accept the testimony if it comes from only one witness. We are forbidden to use such testimony to punish anyone, physically or otherwise, even if the witness is a noted Torah scholar and the accused is a lowlife with a criminal record. Only testimony of two witnesses can be accepted, for it is very unlikely that two Jews would conspire together and lie in court to harm someone.

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DEUT961 See [[GEN296]] Genesis 2:18 alone GATES 422-3

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DEUT956 "One witness shall not rise up against a man for any inquiry or for any sin" If a solitary witness testifies against someone before a Bais Din in a non-financial matter, he violates this prohibition besides being guilty of speaking loshon hora. In financial matters the testimony of a single witness has practical effects. (It can obligate someone to make an oath.) In non-financial matters, however, the Bais Din cannot accept the testimony of only one witness. Therefore his coming to testify merely blackens the reputation of the person he speaks against without any beneficial results.

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DEUT958 If a single individual testifies before a beis din regarding a sin that someone committed, then he violates the prohibition of לֹֽא־יָקוּם֩ עֵ֨ד אֶחָ֜ד בְּאִ֗ישׁ לְכָל־עָוֹן֙, “A single witness shall not testify about a person regarding any sin or wrongdoing" (Devarim 19:15). Since the testimony of this single witness cannot obligate anyone to pay money or take an oath, nor can it negate another person's good standing, he is considered to have disgraced the other person for no reason, and based in his obligated to punish him with lashes (malkos) for what he did.

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DEUT959 If one is the solitary witness to an illicit act of his neighbor, he is forbidden to testify against him, it being written: "One witness shall not rise against a man," so that he would only be giving him an evil reputation [without accomplishing anything in terms of judgment] (Pesachim 113b)

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DEUT962 See [[DEUT848]] Deuteronomy 16:20 justice DORFFDRAG 114-5

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