Deuteronomy 19:19 - False witness: justice demands reciprocity.

Deuteronomy 19:19 - דברים 19:19

Hebrew Text

וַעֲשִׂיתֶם לוֹ כַּאֲשֶׁר זָמַם לַעֲשׂוֹת לְאָחִיו וּבִעַרְתָּ הָרָע מִקִּרְבֶּךָ׃

English Translation

then shall you do to him, as he had thought to have done to his brother: so shalt thou put the evil away from among you.

Transliteration

Va'asitem lo ka'asher zamam la'asot le'achiv uvi'arta hara mikirbecha

Hebrew Leining Text

וַעֲשִׂ֣יתֶם ל֔וֹ כַּאֲשֶׁ֥ר זָמַ֖ם לַעֲשׂ֣וֹת לְאָחִ֑יו וּבִֽעַרְתָּ֥ הָרָ֖ע מִקִּרְבֶּֽךָ׃

Parasha Commentary

Context and Source

The verse (Devarim 19:19) appears in the context of the laws concerning false witnesses (eidim zomemim). The Torah prescribes that if witnesses conspire to falsely accuse someone, they are to receive the punishment they intended for their victim. This principle is derived from the phrase "וַעֲשִׂיתֶם לוֹ כַּאֲשֶׁר זָמַם לַעֲשׂוֹת לְאָחִיו" ("then shall you do to him, as he had thought to have done to his brother").

Rashi's Explanation

Rashi (Devarim 19:19) emphasizes that the punishment is exacted only if the false witnesses' plot was fully actionable—meaning their testimony was accepted in court and the accused was nearly sentenced. However, if their conspiracy was exposed before the verdict was carried out, they are not punished with the same penalty. This is derived from the word "זָמַם" ("plotted"), indicating a completed scheme.

Rambam's Legal Perspective

Rambam (Hilchos Edus 20:1-2) elaborates on the conditions for applying this law:

  • The false witnesses must have conspired intentionally (b'mezid), not mistakenly.
  • Their testimony must have been formally accepted in court before being disproven.
  • The punishment is only applied if the accused would have been liable for corporal or capital punishment—not monetary penalties.

Talmudic Discussion (Makkos 5b)

The Talmud discusses the principle of "middah k'neged middah" (measure for measure) in this context. The false witnesses receive the punishment they sought to impose because they acted with malicious intent (lev ra). The Gemara also notes that this law serves as a deterrent, reinforcing the severity of bearing false witness.

Midrashic Insight (Sifri Devarim 190)

The Midrash highlights the moral lesson: "וּבִעַרְתָּ הָרָע מִקִּרְבֶּךָ" ("so shalt thou put the evil away from among you")—indicating that justice is not only punitive but also purges corruption from society. The removal of evil influences ensures the integrity of the judicial system and communal morality.

Chizkuni's Additional Commentary

Chizkuni (Devarim 19:19) adds that the phrase "לְאָחִיו" ("to his brother") teaches that even if the accused is not biologically related, the Torah considers all Jews as brothers. Thus, harming another Jew through false testimony is a betrayal of this sacred bond.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Sanhedrin 81b
The verse is discussed in the context of the laws concerning false witnesses and the principle of 'measure for measure' in punishment.
📖 Makkot 5b
The verse is referenced in relation to the procedures for dealing with false witnesses and the application of their intended punishment to themselves.

Frequently Asked Questions

Q: What does Deuteronomy 19:19 mean?
A: Deuteronomy 19:19 teaches the principle of 'measure for measure' in Jewish law. If a false witness testifies against someone with harmful intent, the court must punish the false witness with the same punishment they intended for the innocent person. Rashi explains that this verse ensures justice by removing evil from the community.
Q: Why is the punishment of false witnesses important in Judaism?
A: Punishing false witnesses is crucial in Judaism because it upholds the integrity of the justice system. The Talmud (Makkot 5b) discusses how this law deters people from giving false testimony, ensuring that courts can administer true justice. Rambam (Hilchot Edut 20:1) emphasizes that false testimony undermines society, so it must be severely dealt with.
Q: How does Deuteronomy 19:19 apply today?
A: While Jewish courts today do not administer physical punishments as in ancient times, the principle remains relevant. The Torah teaches that bearing false witness is a serious sin, and Jewish law still condemns lying in legal or ethical matters. The verse reminds us to speak truthfully and avoid harming others through deceit.
Q: What does 'remove the evil from among you' mean in this verse?
A: The phrase 'remove the evil from among you' means that society must eliminate wrongdoing to maintain justice and holiness. Rashi explains that allowing false witnesses to go unpunished would corrupt the community. The Midrash (Sifrei Devarim 190) teaches that justice purifies society and brings divine blessing.
Q: Does this verse apply only to courts, or also to everyday life?
A: While the verse directly addresses the legal system, its lesson extends to daily life. The Talmud (Sanhedrin 8a) teaches that honesty and fairness are fundamental Jewish values. Rambam (Hilchot De'ot 5:13) warns against any form of deception, emphasizing that truthfulness is essential in all aspects of life.

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