A Thousand Years of Jewish History: From the days of Alexander the Great to the Moslem Conquest of SpainHarris, Maurice H. (Maurice Henry)
History
A Thousand Years of Jewish History: From the days of Alexander the Great to the Moslem Conquest of Spain
Harris, Maurice H. (Maurice Henry)
Jews -- History
They (the Judges[1]) examined them (the witnesses) with seven
searching questions: "In what sabbatical year? In what year? In
what month? What date of the month? What day? What hour? What
place?" R. Jose said, "What day. What hour? What place? Did you
know him? Did you warn him?[2] In a case of idolatry, whom did
he serve? And with what did he serve?"
The more searching a judge is in his examinations, the more
praiseworthy he is. It happened that the son of Zaccai
examined (even) concerning the stems of the figs.[3] And what
difference is there between investigations and examinations? In
investigations if one should say, "I don't know," his testimony
is worthless. In examinations, if one should say, "I don't
know," and even two should say, "We don't know," their testimony
stands. Whether in investigations or examinations, when they
contradict each other, their testimony is worthless.
One witness said, "on the second of the month," and another
witness said, "the third of the month," their testimony stands;
because one knows of the intercalary month, and another does not
know of the intercalary month.[4] One said, "on the third," and
another said, "on the fifth," their testimony is worthless. R.
Judah said "it stands." One said, "on the fifth," and another
said, "on the seventh," their testimony is worthless, because at
the fifth (hour) the sun is in the east, and at the seventh the
sun is in the west.
And afterwards they introduce the second (witness[5]) and
examine him. If both their statements agree, they open the case
for the defense. If one witness says, "I possess information to
clear him," or one of the disciples (of the Sanhedrin) says:
"I possess information to condemn," they are ordered to keep
silence. If one of the disciples says, "I possess information to
clear him," they bring him up, and seat him between the judges,
and he does not go down during the whole day.[6] If there be
substantial information, they give him a hearing. And even when
he (the accused) says, "I possess information for clearing
myself," the judges give him a hearing; only there must be
substantial information in his words. If the judges find him not
guilty, they release him, but if not, they defer his verdict to
the next day.[7]
[1] Criminal cases were judged by a regularly constituted court of
three-and-twenty qualified members.
[2] No punishment could be inflicted if the culprit had not been
warned that he was charged with a crime and forewarned as to its
consequences.
[3] The witnesses testified that the crime has been committed under
a fig tree.
Public-domain text, read in full here on John Shaqi.
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