A lying witness, an empty witness
The commandment is worded a little differently in Shemot and in Devarim.
Shemot says ed shaker, a lying witness. Devarim says ed shav, an empty one, the same word the third commandment uses for taking Hashem's name "in vain" (Shemot 20:7). The Mechilta (an early midrash on Shemot) asks why this commandment is needed at all, since the Torah already gives the punishment for a false witness:
The Mechilta asks the same question about murder, adultery and kidnapping: a punishment written in one place, and a warning, an azharah, in the Ten Commandments. So what is the punishment for a lying witness?
Two witnesses
One witness cannot convict anyone. And witnesses caught lying receive what they planned.
A few verses later, the Torah describes witnesses whose testimony turns out to be false:
Witnesses caught this way are called eidim zomemim, "scheming witnesses." How are they caught? Not by a second pair of witnesses who simply tell the story differently. The Mishnah's case is a second pair who prove that the first could not have seen it at all:
Rav Adda, in the Gemara, finds this in the words "the witness is a false witness": the testimony must be shown false in its very "body" (Makkot 5a). Rashi explains: in the witnesses themselves. And when are they punished? The Mishnah sets the moment, against the Sadducees (a group in Second Temple times that rejected the Sages' tradition):
In the Sages' reading, "as he schemed to do" means the brother is still alive: the witnesses receive what they tried to do to him. Our own note: one of the stories below shows how seriously the Sages took getting this right.
Keep far from a false word
The Torah does not only say "do not lie." It says to keep your distance.
The Gemara brings a list of cases learned from this verse, and every one of them is about a court case. One is a teacher who asks his student for a favor:
(A maneh was a large sum of money.) The Gemara objects: testifying to something you did not see is plain false witness, forbidden by the Ten Commandments themselves. So the case must be smaller:
Our own observation: even silence, when it is set up to make people believe something false, is too close. The same list says a judge may not let one side come dressed in fine clothes and the other in rags, and may not hear one side before the other arrives (Shevuot 31a).
The seal of the Holy One
A seal is how you know a letter is really from the king.
The Gemara brings Rabbi Chanina's words to explain why Reish Lakish calls the letter tav "the end of the seal of the Holy One": the seal is אֱמֶת, emet, and tav is its last letter. Reish Lakish teaches, in the Yerushalmi (Sanhedrin 1:1) and the Midrash (Bereishit Rabbah 81:2), that emet starts with alef, the first letter of the alef-bet, has mem in the middle, and ends with tav, the last. Our own observation: when a person lies, he signs something with a seal that is not Hashem's.
Truth is also one of the three things the world stands on. Rabban Shimon ben Gamliel puts it right next to peace:
Usually truth and peace go together. What happens when they pull apart?
When the facts may change
The Gemara names cases where changing the facts is allowed, and one teacher calls it a mitzvah.
After Yaakov died, Yosef's brothers were afraid he would take revenge, so they sent him a message in their father's name: forgive your brothers (Bereishit 50:15-17). Rashi says Yaakov never gave that command; they changed the facts for the sake of peace (Rashi on Bereishit 50:16). Rabbi Natan goes further:
Hashem had sent the prophet Shmuel to anoint a new king while Shaul was still on the throne. Shmuel was afraid, and Hashem answered him:
Shmuel did invite the town's elders and Yishai's family to the offering (Shmuel I 16:5). Our own observation: he just did not say everything he had come to do. A third proof, from Sarah, is the first of the stories below. Then there is a list of three everyday cases, from Shmuel the Sage of the Gemara (not the prophet):
Rashi explains each one. Asked whether he knows a tractate well, a scholar may say no: that is humility. Asked about private matters of his married life, "a bed," he may say no: that is modesty. Asked whether a host treated him well, he may say no, so that people who are not fit guests do not crowd in on the host and use up his money.
True, false, or allowed?
Thirteen cases, each with its source. Decide, then see what the sources say.
- True: the halacha asks for the plain truth here, even when it is hard.
- False: the sources say not to do this.
- Allowed: a change in the facts that the Sages permit.
Our own observation: notice the pattern. In court, even a true claim may not be helped along with a false impression. Outside court, the Sages allow changes that protect peace, modesty or another person, and not changes that serve yourself.
Five stories about truth
Sarah's words, a bride, a father and son, a judge's mistake, and two witnesses on the queen's orders. Step through them.
Where it stops
The permission to change the facts is real, and it is narrow.
Outside the allowed cases, you lose your word
Mar Zutra is explaining why the list matters: a Torah scholar may identify a lost object by sight alone, without signs, only if he is known to change his words in these three things and no others. Our own takeaway: bend the truth anywhere else, and people stop believing you.
Not as a habit
Rav quotes the same verse to his son Chiya (Yevamot 63a, in the stories above). Our own observation: a small, convenient untruth is still practice.
Not in court
Our own observation: in court the line is far stricter. A student may not even stand silently beside his teacher's one witness, for a claim the teacher insists is true (Shevuot 31a).
Not to take
Our own observation: every permitted case serves peace, humility, modesty or another person, and none of them gets the speaker anything. A change that gets you money, credit or a favor is a different thing: the Torah says "do not lie to one another" (Vayikra 19:11), and leading someone to believe something false for your benefit is geneivat da'at, deceiving him (Shmuel, Chullin 94a). See Do Not Steal.
Questions for your rav
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Ask a rav
A surprise party
"No, nothing is happening Thursday." Is keeping a happy secret the kind of change the Sages allow?
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Ask a rav
Praising a meal you did not enjoy
Beit Hillel's reason, a bad purchase already made, may apply. Does it cover a host who will cook it again?
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Ask a rav
Covering for a friend
A friend asks you to tell his parents he was with you. Whose peace is being protected, and from what?
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Ask a rav
Hard news for someone who is sick
How much to tell, and when, is a real halachic question. A rav who knows the family can help.
Torah Tech's advice, if someone asks you to lie for them. If anyone pressures you to lie, or to keep a secret that is hurting you or someone else, tell a trusted adult: a teacher, a school counselor, a parent or a rav. Telling is not breaking a trust.
Across from Shabbat
In one view in the Mechilta, the fourth commandment faces the ninth.
In one view in the Mechilta (an early midrash on Shemot), Rabbi Chananya ben Gamliel (in some editions, Chanina) holds that the Ten Commandments were written five on each tablet, and he reads each pair across. The Sages there disagree: וַחֲכָמִים אוֹמְרִים: עֲשָׂרָה עַל לוּחַ זֶה וַעֲשָׂרָה עַל לוּחַ זֶה, "And the Sages say: ten on this tablet, and ten on that one" (Bachodesh 8:22). In his view Shabbat faces false witness:
Our own explanation: Shabbat is a statement. The fourth commandment gives its reason: in six days Hashem made the heavens and the earth, and He rested on the seventh (Shemot 20:11). So every week that a Jew rests, he says it again with his actions, like a witness. Breaking Shabbat, in the Mechilta's words, is as if one testifies that He created the world in six days and did not rest on the seventh: half of what the fourth commandment says, denied. So in Rabbi Chananya's pairing, both are about being a witness, one in a courtroom and one in the whole world.
Common questions
Short answers, with sources.
What does "do not bear false witness" mean?
Do not testify against another person as a false witness (Shemot 20:13). Devarim says "an empty witness" (Devarim 5:17). The Mechilta calls it the warning for the punishment of scheming witnesses in Devarim 19:19 (Mechilta, Bachodesh 8).
Why does a court need two witnesses?
The Torah says one witness cannot establish a sin against anyone; a matter stands by two or three witnesses (Devarim 19:15).
What are eidim zomemim?
"Scheming witnesses": a pair shown to be false because other witnesses testify that they were somewhere else at the time (Mishnah, Makkot 5a). They receive the punishment they planned for the accused, "as he schemed to do to his brother" (Devarim 19:19), once the verdict was given (Mishnah, Makkot 5b).
Is all lying included in the ninth commandment?
The commandment itself is about testimony. The Torah also says "keep far from a false word" (Shemot 23:7) and "do not lie to one another" (Vayikra 19:11), and Beit Shammai even raise "keep far from a false word" about what is sung to a bride, though Beit Hillel answer that the praise is allowed (Ketubot 16b-17a). How these verses divide the work is discussed by the poskim (rabbis who decide Jewish law).
Is it ever permitted to change the facts?
For the sake of peace, yes (Yevamot 65b), and Rabbi Natan calls it a mitzvah. Shmuel lists three things in which Torah scholars change their words: a tractate (humility), a bed (modesty) and a host (to protect him) (Bava Metzia 23b-24a, with Rashi). These are narrow, and a scholar known to change his words in other matters is not trusted to identify a lost object by sight (Bava Metzia 24a).
May I promise a child something I will not give?
Rabbi Zeira says no, because it teaches the child to lie (Sukkah 46b).
What does "the seal of Hashem is truth" mean?
Rabbi Chanina's words in Shabbat 55a. Our own explanation: a seal marks something as really from its sender. Truth is the mark of what comes from Hashem.
Why is false witness paired with Shabbat?
In one view in the Mechilta, Rabbi Chananya ben Gamliel's, the tablets are read across, five and five (the Sages there hold that all ten were on each tablet). Keeping Shabbat testifies that Hashem created the world in six days and rested on the seventh; breaking it is like testifying that He did not rest on the seventh, a false testimony (Mechilta, Bachodesh 8).
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