As we see, the Torah takes very seriously any accusation of man in the prohibition of the law, asking that such accusation be thoroughly founded. There is nothing surprising here: because the principle of the presumption of innocence is known by the Torah as good as the Roman law. That is why any accusation must be substantiated and justified...
As we see, the Torah takes very seriously any accusation of man in the prohibition of the law, asking that such accusation be thoroughly founded. There is nothing surprising here: because the principle of the presumption of innocence is known by the Torah as good as the Roman law. That is why any accusation must be substantiated and justified. It goes without saying that in the time, when appeared to the world the text of the Book of Deuteronomy, the major and at in fact, the only proof was the testimonial statement. In such a situation, we asked naturally for a particularly thorough verification of every witness, and the tool for such verification could be only another witness confirming the already received witness.
But the presumption of innocence reflected in the Torah, has not only a legal dimension expressing itself in the fact that any testimonial statement in the support of the raised accusation must be verified and re-verified. It has another spiritual dimension, which does not catch the eyes immediately, and is not less important than the legal dimension. It is particularly well noticed in particular in the request of at least two, and in the case of a more serious accusation, three witnesses.
Indeed: severe crimes are rarely achieved publicly, more than two witnesses can appear for a serious crime, in fact, only in condition that such crime will be openly committed or if the perpetrator of the crime will be taken red handed in the place of the crime. It would seem, in the conditions, when there was no technical means for the fixation of what takes place, such an approach sharply had to reduce the possibilities of the investigation and lower the chances of detection of the crimes, including the grave. And nevertheless the Torah asks in particular for such an extremely careful approach in the formation of the basis of the proofs of the accusation.
Maybe even at the price of certain number of crimes that remain undisclosed: because in the general sense of the law reflected in the Torah, an unproved accusation is not imputed to the accused, an unproved crime is not considered as such, and any doubt on the authenticity of the proof of the guilty is interpreted on the benefit of the accused (in much the same as the norms of the modern law suggested in most cases). Indeed, it was clear to every normal judge judging by virtue of the Torah, as every believer yahviste or Jewish: the earthly judgment is preliminary; the final decision will be given by God Himself in His judgment.
And if somebody of the criminals remains unpunished on the earth because there was no sufficient number of witnesses, he will receive his in the day of this Judgment, which awaits everyone, and for the judge who did not condemn such a criminal without having the necessary proofs, will not be culprit before God. And here is if the same judge, basing himself on insufficiently serious proofs of guiltiness, condemns an innocent, if he makes a mistake, of which he could have been able to and could avoid, having in more all the possibilities, it will be necessary for him to answer on the Judgment, for each, of whom he condemned thoughtlessly and gullibility.
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19:2 In the midst of the land - Namely, beyond Jordan, as there were three already appointed on this side Jordan: In the midst of the several parts of their land, to which they might speedily flee from all the parts of the land.
19:3 Prepare thee a way - Distinguish it by evident marks, and make it plain and convenient, to prevent mistakes and delays.
19:8 Enlarge thy coast - As far as Euphrates.
19:9 If thou shalt keep all these commandments - But the Jewish writers themselves own, that the condition not being performed, the promise of enlarging their coast was not fulfilled, so that there was no need for three more cities of refuge. Yet the holy, blessed God, say they, did not command it in vain, for in the day's of Messiah the Prince, they shall be added. They expect it in the letter: but we know, it has in Christ its spiritual accomplishment. For the borders of the Gospel - Israel are inlarged according to the promise: and in the Lord our righteousness, refuge is provided for all that by faith fly to him.
19:15 Rise - Or be established, accepted, owned as sufficient: it is the same word which in the end of the verse is rendered, be established.
19:16 A safe witness - A single witness, though he speak truth, is not to be accepted for the condemnation of another man, but if he be convicted of false witness, this is sufficient for his own condemnation.
19:21 Eye for eye - What punishment the law allotted to the accused, if he had been convicted, the same shall the false accuser bear.