Today we begin the fifth chapter of Tractate Sanhedrin with a mishnah that describes how witnesses in death penalty cases are interrogated by the court. We learn that judges are bound to ask seven key questions to determine the validity of witness testimony. They are:
In which seven-year period (in which cycle of seven years within a jubilee did the event occur); in which year (of the Sabbatical cycle did the event occur); in which month (did the event occur); on which day of the month (did the event occur); on which day (of the week did the event occur); at which hour (did the event occur); and in what place (did the event occur).
Rabbi Yosei says: On which day, at which hour, and in what place.
Rabbi Yosei streamlines the seven questions into three: day, time and place. Why?
In order to answer that question, recall that ancient societies did not have regular calendars or clocks, and the average lifespan for adults was 40 years. Most people would never consider the precise timing of an event according to a sabbatical cycle of seven years, let alone a jubilee cycle of 50, and so Rabbi Yosei determines that those questions aren’t germane.
But what about the month and date? These were also not so easily determined in ancient times. Months were not completely fixed, and in the case of a leap year with an extra month, a witness might need to remember if a holiday was celebrated to anchor it in their memory (and if there was no holiday, they might not remember at all). Confusing matters more, Hebrew months can have 29 or 30 days, and in an era when the new moon was determined by witness testimony followed by transmission of that sighting over great distances, a witness might not know the exact date either.
What kind of discrepancy in these areas would invalidate conflicting testimony? The mishnah clarifies:
If one says the second of the month, and one says the third of the month, their testimony stands, since perhaps this witness knows of the addition (of a day to the previous) month, and that witness does not know (of the addition of a day to the previous) month. But if this witness says on the third and one witness says the fifth, their testimony is void.
One day’s discrepancy is understandable and does not invalidate testimony, but two days’ variation does.
With days of the week, however, it’s reasonable to expect that witnesses would recall what day it was in relation to Shabbat, as well as the time of day and the location in which the incident occurred. In order to convict someone of a capital crime, two witnesses need to corroborate these three elements.
But could we really expect witnesses to know the exact time a crime occurred? People in the rabbinic period didn’t have wristwatches or clocks. The Gemara continues:
(If) one says at two hours, and one says at three hours, their testimony stands. But if one says three hours, and one says five hours, their testimony is void.
Rabbi Yehuda says: (Also in this case their testimony) stands. But if one says at five hours, and one says seven hours, their testimony is void, since at five hours the sun is in the east and at seven the sun is in the west.
Similarly with the time of day, one might forget whether what they saw occurred at 8 or 9 in the morning, or — according to Rabbi Yehuda — between 9 and 11. But no one would confuse 11 am with 1 pm, because the sun is in a significantly different location in the sky.
As we learned in the previous chapter, the Talmud tilts in favor of the accused in capital cases so as not to wrongly execute an innocent person. Therefore, the questions the court asks witnesses in capital cases seek to ensure that their testimony is both accurate and consistent.
Read all of Sanhedrin 40 on Sefaria.
This piece originally appeared in a My Jewish Learning Daf Yomi email newsletter sent on January 26, 2025. If you are interested in receiving the newsletter, sign up here.
Help us keep Jewish knowledge accessible to millions of people around the world.
Your donation to My Jewish Learning fuels endless journeys of Jewish discovery. With your help, My Jewish Learning can continue to provide nonstop opportunities for learning, connection and growth.
