Number of Witnesses Required in Old Testament Procedure

In Old Testament legal procedure, a matter could not be established by the testimony of a single witness; instead, the testimony of two or three witnesses was required ^{[3, 4, 11]}. This principle applied to various legal contexts, particularly in criminal cases ^[2]. For instance, a person could be put to death only on the testimony of two or three witnesses, never on the testimony of a lone witness ^[4].

This requirement is explicitly stated in Deuteronomy 19:15: "A lone witness is not sufficient to establish any wrongdoing or sin against a man, regardless of what offense he may have committed. A matter must be established by the testimony of two or three witnesses" ^[3]. Similarly, Deuteronomy 17:6 reiterates this for capital offenses: "On the testimony of two or three witnesses a man shall be put to death, but he shall not be executed on the testimony of a lone witness" ^[4]. The purpose of this rule was to ensure justice and prevent false accusations ^[11].

Beyond criminal cases, the principle of multiple witnesses extended to other areas. For example, false witnesses were subject to punishment, and refusing to bear witness was considered an offense ^[2]. The concept of "witness" in the Old Testament could also refer to tangible memorials or significant ceremonies that served as evidence of a transaction or covenant, such as Abraham giving seven ewe-lambs to Abimelech or Jacob raising a heap of stones ^[1]. However, in legal proceedings concerning human testimony, the numerical requirement was strict.

The New Testament also upholds this principle. Paul, in 2 Corinthians 13:1, quotes the Deuteronomic law: "Every matter must be established by the testimony of two or three witnesses" ^[6]. Similarly, in 1 Timothy 5:19, Paul instructs against receiving an accusation against an elder "unless on the testimony of two or three witnesses," directly referencing Deuteronomy 19:15 ^{[5, 7]}. This demonstrates the continuity of this legal standard from the Old Testament into early Christian practice.

Rabbinic tradition, as seen in the Babylonian Talmud, further elaborates on the application of this rule. For instance, in cases concerning a woman suspected of defilement (Sotah), the testimony of two witnesses was required even for initial stages that did not lead to an irrevocable prohibition ^{[8, 9, 10]}. The Talmud also discusses the interpretation of "two or three witnesses" in Deuteronomy 19:15 in the context of documents. Rami bar Yeḥezkel suggests that this verse indicates a requirement for two witnesses for an ordinary document and three witnesses for a tied document, reasoning that a tied document, requiring more effort in its preparation, would also require more witnesses ^{[12, 14, 15, 17]}. This interpretation highlights the meticulous application of the witness requirement in Jewish legal thought. The necessity of two witnesses was understood to prevent parties from retracting agreements ^{[13, 16]}.

The emphasis on multiple witnesses served as a safeguard against perjury and ensured a higher standard of proof in judicial matters, reflecting a concern for fairness and accuracy in legal judgments ^[11].

Sources

Smith's Bible Dictionary “Smith's Bible Dictionary: Witness — Among people with whom writing is not common the evidence of a transaction is given by some tangible memorial or significant ceremony: Abraham gave seven ewe-lambs to Abimelech as an evidence of his property in the well of Beersheba. Jacob raised a heap of stones, "the heap of witness." as a boundary-mark between himself and Laban. (Genesis 21:30; 31:47,52) The tribes of Reuben and Gad raised an "altar" as a witness to the covenant between themselves and the rest of the nation. Joshua set up a stone as an evidence of the allegiance promised by Israel to God.”
Easton's Bible Dictionary “Easton's Bible Dictionary: Witness — More than one witness was required in criminal cases (Deut. 17:6; 19:15). They were the first to execute the sentence on the condemned (Deut. 13:9; 17:7; 1 Kings 21:13; Matt. 27:1; Acts 7:57, 58). False witnesses were liable to punishment (Deut. 19:16-21). It was also an offence to refuse to bear witness (Lev. 5:1).”
Deuteronomy “Deuteronomy 19:15 (BSB) — A lone witness is not sufficient to establish any wrongdoing or sin against a man, regardless of what offense he may have committed. A matter must be established by the testimony of two or three witnesses.”
Deuteronomy “Deuteronomy 17:6 (BSB) — On the testimony of two or three witnesses a man shall be put to death, but he shall not be executed on the testimony of a lone witness.”
King James Version “[KJV] 1 Timothy 5:19 — Against an elder receive not an accusation, but before two or three witnesses.”
II Corinthians “II Corinthians 13:1 (BSB) — This is the third time I am coming to you. “Every matter must be established by the testimony of two or three witnesses.””
I Timothy “I Timothy 5:19 (LITV) — Do not receive an accusation against an elder unless on " the testimony of " "two or three witnesses." Deut. 19:15”
Babylonian Talmud (Jewish (Rabbinic)) “Babylonian Talmud, Sotah 3b.16: And just as with regard to the first testimony concerning seclusion, which does not forbid her to her husband with an irrevocable prohibition, as the woman can be found innocent, permitting her again to her husband by drinking the bitter water, it is not established with fewer than two witnesses, as that mishna is written in accordance with the opinion of Rabbi Yehoshua, who stated (2a) that testimony of two witnesses must be provided by two witnesses, then with regard to the final testimony concerning defilement, which forbids her with an irrevocable prohibitio”
Babylonian Talmud (Jewish (Rabbinic)) “Babylonian Talmud, Sotah 99b.6:16: And just as with regard to the first testimony concerning seclusion, which does not forbid her to her husband with an irrevocable prohibition, as the woman can be found innocent, permitting her again to her husband by drinking the bitter water, it is not established with fewer than two witnesses, as that mishna is written in accordance with the opinion of Rabbi Yehoshua, who stated (2a) that testimony of two witnesses must be provided by two witnesses, then with regard to the final testimony concerning defilement, which forbids her with an irrevocable prohibi”
Babylonian Talmud (Jewish (Rabbinic)) “Babylonian Talmud, Sotah 99a.6:16: And just as with regard to the first testimony concerning seclusion, which does not forbid her to her husband with an irrevocable prohibition, as the woman can be found innocent, permitting her again to her husband by drinking the bitter water, it is not established with fewer than two witnesses, as that mishna is written in accordance with the opinion of Rabbi Yehoshua, who stated (2a) that testimony of two witnesses must be provided by two witnesses, then with regard to the final testimony concerning defilement, which forbids her with an irrevocable prohibi”
Deuteronomy (Presbyterian) “Jamieson, Fausset & Brown on Deuteronomy 19:15: TWO WITNESSES REQUIRED. (Deu 19:15) One witness shall not rise up against a man for any iniquity--The following rules to regulate the admission of testimony in public courts are founded on the principles of natural justice. A single witness shall not be admitted to the condemnation of an accused person.”
Babylonian Talmud (Jewish (Rabbinic)) “Babylonian Talmud, Bava Batra 160b.1: this is referring to an ordinary document. When the verse states: “And seal them,” this is referring to a tied document. The next phrase, “and call witnesses [ veha’ed edim ],” which more literally would be translated: And have witnesses bear witness, is interpreted as follows: “And have bear witness [ veha’ed ],” this indicates the need for two witnesses, as the term “witness [ ed ]” in the Torah generally refers to two witnesses. As to the word “witnesses [ edim ],” this additional term indicates the need for three witnesses. How so? How can the verse ca”
Babylonian Talmud (Jewish (Rabbinic)) “Babylonian Talmud, Kiddushin 65b.9: The Gemara relates: Mar Zutra and Rav Adda the Elder, the sons of Rav Mari bar Issur, divided their shared property between them. They came before Rav Ashi and said to him that they had the following dilemma. The Merciful One states: “At the mouths of two witnesses, or at the mouths of three witnesses, shall a matter be established” (Deuteronomy 19:15). Why do we say that two witnesses are required? So that if the parties involved wish to retract from their agreement and say that it never happened, they cannot retract from their agreement. And as we will not”
Babylonian Talmud (Jewish (Rabbinic)) “Babylonian Talmud, Bava Batra 160b.5: The Gemara questions this explanation: But I can just as well reverse it, requiring two witnesses for a tied document and three for an ordinary one. The Gemara answers: Since the tied document requires more to be done with regard to its ties, it stands to reason that it requires more to be done with regard to its witnesses, requiring three rather than two.”
Babylonian Talmud (Jewish (Rabbinic)) “Babylonian Talmud, Bava Batra 160b.2: The Gemara questions this explanation: But I can just as well reverse it, requiring two witnesses for a tied document and three for an ordinary one. The Gemara answers: Since the tied document requires more to be done with regard to its ties, it stands to reason that it requires more to be done with regard to its witnesses, requiring three rather than two.”
Babylonian Talmud (Jewish (Rabbinic)) “Babylonian Talmud, Kiddushin 165a.130:9: The Gemara relates: Mar Zutra and Rav Adda the Elder, the sons of Rav Mari bar Issur, divided their shared property between them. They came before Rav Ashi and said to him that they had the following dilemma. The Merciful One states: “At the mouths of two witnesses, or at the mouths of three witnesses, shall a matter be established” (Deuteronomy 19:15). Why do we say that two witnesses are required? So that if the parties involved wish to retract from their agreement and say that it never happened, they cannot retract from their agreement. And as we wil”
Babylonian Talmud (Jewish (Rabbinic)) “Babylonian Talmud, Bava Batra 160b.6: Rami bar Yeḥezkel said that there is a different source for two sets of halakhot for two types of documents from here: “At the mouth of two witnesses or at the mouth of three witnesses shall a matter be established” (Deuteronomy 19:15). If witnesses’ testimony is established with two witnesses, why did the verse specify for you that it is also established with three, which is self-evident? Rather, this verse serves to tell you that there is a requirement for two witnesses for an ordinary document, and a requirement for three witnesses for a tied document.”

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