We are learning the fifth Mishnah in the fourth chapter of Tractate Sanhedrin. This is a long Mishnah, and without exaggeration, one of the most fascinating and important Mishnayos in all of Shas. The abundance of topics within it requires us to select the main points. The Mishnah opens: "Keitzad me'aymin es ha'edim al edei nefashos" - How do we illustrate to the witnesses coming to testify in capital cases the severity and gravity of the situation? "Me'aymin" means instilling fear in their hearts, because the matter is incredibly serious: the beis din will rely on their testimony, and ultimately even execute a person. There is nothing weightier than this, and therefore it must be ensured that the witnesses do their job properly.
"Hayu machnisin osan ume'aymin aleihen":
They bring the witnesses before the beis din and impress upon them the severity of the matter. In the first part, the Mishnah lists four types of invalid testimony:
"Shema tomru me'omed" - perhaps you will testify based on an estimation and assessment, meaning based on circumstantial evidence. You saw Reuven chasing Shimon with a sword in his hand, and he turned the corner; you chased after them, you also turned, and you found Shimon lying dead and Reuven's sword dripping blood. Your immediate conclusion is that Reuven killed Shimon - but in fact, you did not see the killing itself, but rather guessed it from the circumstances. The matter seems like an obvious fact, but it is not. Direct eyewitness testimony on the act itself is required, and one may not testify about what was not actually seen.
"Umi'shemuah" - one may not testify based on rumors circulating among people. Everyone is talking about it, you heard the matter, and you do not even know who said it first and where it came from. This is not testimony.
"Ed mipi ed" - this is the third type according to the Tiferes Yisrael: even if you heard a witness testifying officially before another beis din that he saw the act, and you deliver his testimony as if you knew it as fact - this is also forbidden.
"Umipi adam ne'eman shamanu" - and similarly if you heard the matter from a person you know clearly would not lie to you. You did not see the murder, but you ran into a person who just saw it and he is telling you exactly what happened; or your rabbi or father relayed this to you, and you know that it is the truth. Nevertheless, you cannot testify about it, because it is forbidden to deliver testimony on what you did not see with your own eyes.
The last two cases - "ed mipi ed" and "mipi adam ne'eman shamanu" - fall into the category of hearsay, which the witness received from someone else and not from his direct observation. In all four of these cases, it is possible that the witness's intention is desirable: he wants to do what is right, and blurs in his mind the fact that he did not see the moment of the incident itself, out of a desire to rid the world of wickedness.
However, the opposite is also possible, that the witness's intention is malicious, and therefore the Mishnah continues: "O shema i atem yodim shesofenu libdok eschem b'derishah ubachakirah". The judges tell the witnesses: perhaps you do not understand that we will investigate thoroughly and ask you many questions, in order to clarify if you were indeed there and what exactly you saw. If you lie or make things up from your own heart - the matter will be discovered, and you will leave embarrassed and humiliated, and it will become known to everyone that you are liars. No one will ever believe you again or rely on you. Consider yourselves warned.
The difference between monetary cases and capital cases:
The Mishnah continues: "Hevu yodin shelo kedinei mamonos dinei nefashos" - the consequences of false testimony in a regular monetary matter, where a person owes his friend money, a loan, a broken window, or even a broken nose, cannot be compared to capital cases where a person is on trial for murder. Because in monetary cases - "adam nosein mamon umiskaper lo": if a person perverted justice in a monetary matter, it is easy to fix it. He asks for forgiveness, returns the stolen item, writes a check, and compensates the victim for his loss, and thereby everything is restored to its place. But when a person is killed, he cannot be brought back to life, and all the money in the world is not enough to fix it.
As the language of the Mishnah says: "Damo vedam zariyosav teluyin bo ad sof ha'olam" - the blood of the condemned and also the blood of all his descendants from now until eternity, all of them are lost because of testimony that caused an unlawful execution. And a proof for this: "Sheken matzinu beKayin sheharag es achiv, shene'emar: demei achicha tzo'akim". The verse says, "The voice of your brother's blood cries out to Me," and the Mishnah deduces: "Eino omer dam achicha ela demei achicha" - not in the singular but in the plural, "shedamo vedam zariyosav": it is not only his blood that was lost in the murder, but the blood of all the generations that were destined to emerge from him, and they are all crying out to Hashem, so to speak. Thus, the killer severs an infinite chain, and there is no room to take the matter lightly, Heaven forbid.
Until here, the Mishnah has given us a sort of set text of the judges' words to the witnesses. Now, incidentally to the verse "your brother's blood," the Mishnah deviates for a moment from the text and brings an additional teaching that is not said to the witnesses at all: "Davar acher: demei achicha shehayah damo mushlach al ha'etzim ve'al ha'avanim" - that the blood was splattered in every direction, on the trees and on the stones. As the Gemara explains, these were the first people in the world, and Kayin did not know how to kill Hevel. In his anger, he took the object that came to hand and struck him in every way he could: on his arm, his leg, his thigh, and his shoulder, until he thrust a sharp object into his neck and killed him. Hence the blood was scattered everywhere. This has no bearing on the matter of instilling fear in the witnesses, and here the parenthetical statement closes.
Why man was created single:
The Mishnah returns to the beginning of creation, and at the basis of its words lies a question that many wonder about: at the creation of the world, all animals were created in pairs, male and female, while Adam HaRishon was created single. Although it says "male and female He created," and it is possible that he possessed both male and female components, nevertheless, one creature was created and not two. Why did the Holy One, blessed be He, act this way? Rather, this comes to teach us a fundamental principle: "Lefichach nivra adam yechidi, lelamedcha shekol hame'abed nefesh achas miYisrael ma'aleh alav hakatuv ke'ilu ibed olam malei". From this single man, a full world of human beings emerged, similar to "your brother's blood" - descendants forever. The entire blood of all humanity was destined to come from him. Therefore, one who causes the death of a person is as if he destroyed a full world: within that person's mind, a whole world is taking place, with his loves, fears, and aspirations, just like everything happening in your own world.
It is worth noting that in the text "a single soul from Israel," there are versions that do not contain the word "Israel," but rather just "a soul" - anyone who causes the death of a person destroys an entire world. More importantly, the Rambam does not mention Israel but uses the phrase "kills a soul," whether Jewish or non-Jewish. The Mishnah continues: "Vechol hamekayem nefesh achas miYisrael ma'aleh alav hakatuv ke'ilu kiyam olam malei" - and anyone who sustains a single soul from Israel, Scripture considers it as if he sustained an entire world. These words are indeed said to the witnesses.
From this point on, the Mishnah deviates from the topic again, and brings additional teachings derived from the fact that man was created single and not as a pair. These too are not said to the witnesses, but they are important lessons:
"Mipnei hashalom" - for the sake of peace: Man was created single so that there would be peace among people, so that no person could say to his fellow, "My ancestor is greater than your ancestor," since it is obvious that they both come from the same ancestor and the same root.
"Shelo lomar harbeh reshuyos" - so that they not say there are multiple powers: So that it should not enter one's mind that there are many powers and several gods in heaven, and each one created a different type of person in his image. One cannot say that the good god created the good people and the bad god created the bad people, sons of light and sons of darkness. There was originally one creation, and from this we see that there is one Creator, and there is none besides Him.
"Lehagid gedulaso shel Hakadosh Baruch Hu" - to declare the greatness of the Holy One, blessed be He: A person who mints coins uses one stamp, and all the coins come out exactly identical. But the King of kings of kings stamped all human beings with the seal of Adam - we all have two legs, two eyes, and two hands, and one can distinguish between a human and a chimpanzee in the blink of an eye. And even though we were all created in the same mold and the same form, and even though billions of human beings have been created, no two of them are exactly alike. Each and every one is unique and special in what happens to them and in what makes them who they are. This is extraordinary testimony to the greatness, might, and creative power of the Holy One, blessed be He: All are stamped with the same seal, and no two people in the world are identical. Identical twins are a separate genetic matter, but generally speaking, there is no one walking around in France who looks exactly like you.
Here the digression ends, and the Mishnah returns to clarify to the witnesses the severity of their actions. Because Adam was created single, individual, and unique, "Lefichach chayav kol adam lomar: bishvili nivra ha'olam" - therefore every person is obligated to say: "The world was created for me." This is a cornerstone of Jewish perspective: every person on earth is obligated to tell himself that the world was created for him, meaning that he bears the responsibility for it. If he commits a sin, he will thereby tip the scale of the entire universe and throw it off balance, Heaven forbid. A person must view himself as someone for whom the entire world was created, and everything depends on his success or failure in his mission to do what is right and rectify the world. Because of this, it is better for him not to mislead the beis din, since he is liable to bring destruction upon the entire world.
Up to this point is the text of the admonition that clarifies to the witnesses why they must be extremely fearful and careful in their testimony. But once these words have been said, a person might say to himself: Who needs this? We are playing with fire and might cause a person's death - it is better that we remove ourselves from the matter, and then we will have nothing to worry about. Regarding this, the Mishnah says: "Veshema tomru... vehalo kevar ne'emar: 'Vehu ed o ra'ah o yada im lo yagid venasa avono'" - and perhaps you will say... but has it not already been stated: "And if he is a witness, whether he has seen or known, if he does not tell it, he shall bear his iniquity." You are forbidden even to entertain such a thought, as an explicit verse in the Torah establishes: A person who was a witness to an act, whether he saw or knew, and the beis din needs his testimony to clarify the matter, and he says, "I am not getting involved" - he bears responsibility, sins, and bears his iniquity. Information must not be hidden from the beis din, and we must know the truth.
The Mishnah continues: "Veshema tomru: Mah lanu velachov bedamo shel zeh" - and perhaps you will say: What do we have to do with incurring guilt for the blood of this person? This is an argument with a liberal tone: Who are we to cause the death of this person? True, he committed an evil act, and Hashem can punish him, but why should we be His messengers for that? Better that we keep our hands clean and let Hashem handle the matter. To this, the Mishnah answers: "Vehalo kevar ne'emar: 'Uva'avod reshaim rinah'" - but has it not already been stated: "And when the wicked perish, there is song." This is not a verse in the Chumash but in Mishlei, and it comes to teach a correct Jewish perspective: In the destruction of the wicked, there is joy, song, and gladness.
Tremendous tension is evident here. On one hand, someone who committed a sin for which one is liable to death, and all the conditions of witnesses and warning were fulfilled - we execute him and rejoice over it, since there is in this a revelation of justice and of taking responsibility for actions. If the witnesses warned him and he replied, "I do not care, I will do it anyway," and he committed a terrible act - indeed we will remove him from the world and rejoice in it. On the other hand, the judges bear a responsibility to do everything in their power to find a way not to execute. As if Hashem is telling us: Execute if you must, but if you do not have to, find a way to exempt him. We do not want to put people to death needlessly, and even if it means an acquittal on a technicality, we will welcome it and search for that reason. Because of this, witnesses are required to testify exactly about what they saw, according to the rules of halachah, and not about what they did not see.
In the next chapter, with Hashem's help, we will expand further on this matter.