statements fully agreeing in the main circumstances, and declaring that
they saw one another, while seeing him engaged in the crime."[139]
_No Oath Required.--An oath, in the modern sense, was never administered
to a Hebrew witness._
Testimony was given under the sanction of the Ninth Commandment: "Thou
shalt not bear false witness against thy neighbor." This solemn
prohibition of bearing false witness was regarded by both Moses and the
Talmudists as a sufficient safeguard against perjury. It was a settled
maxim of Talmudic law that: "Whosoever will not tell the truth without
an oath, would not scruple to assert falsehood with an oath." The
doctrine was carried still further by some of the Jewish philosophers
who declared that swearing was injurious in itself; and that he who
consents to swear should _ipso facto_ be suspected of lacking
credibility.[140]
In the place of an oath, the following solemn warning or adjuration was
administered to each witness in the presence of the entire court:
Forget not, O witness, that it is one thing to give evidence in a
trial as to money and another in a trial for life. In a money suit,
if thy witness-bearing shall do wrong, money may repair that wrong.
But in this trial for life, if thou sinnest, the blood of the
accused and the blood of his seed to the end of time shall be
imputed unto thee.... Therefore was Adam created one man and alone,
to teach thee that if any witness shall destroy one soul out of
Israel, he is held by the Scripture to be as if he had destroyed
the world; and he who saves one such soul to be as if he had saved
the world.... For a man from one signet ring may strike off many
impressions, and all of them shall be exactly alike. But He, the
King of the kings of kings, He the Holy and the Blessed, has struck
off from His type of the first man the forms of all men that shall
live, yet so that no one human being is wholly alike to any other.
Wherefore let us think and believe that the whole world is created
for a man such as he whose life hangs on thy words. But these ideas
must not deter thee from testifying to what thou actually knowest.
Scripture declares: "The witness who hath seen or known, and doth
not tell, shall bear his iniquity." Nor must ye scruple about
becoming the instrument of the alleged criminal's death. Remember
the Scriptural maxim: "In the destruction of the wicked, there is
joy."[141]
It will be observed that the two elements of this preliminary caution
were, first, a solemn warning against injustice to the accused through
false swearing and a reminder of the inevitable retribution of Heaven
upon the perjured swearer and his remote descendants; second, a pointed
admonition against timidity or fear in testifying.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account