Lo ta'aneh Do Not Bear False Witness
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The ninth commandment
לֹא־תַעֲנֶה בְרֵעֲךָ עֵד שָׁקֶר

Do Not Bear False Witness

A court runs on witnesses, so the Torah asks for two, and gives witnesses caught lying the very punishment they planned. Then it reaches past the courtroom: keep far from a false word. And the Sages name the cases where changing the facts is allowed. With every source.

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The Ten Commandments

A lying witness, an empty witness

The commandment is worded a little differently in Shemot and in Devarim.

לֹא־תַעֲנֶה בְרֵעֲךָ עֵד שָׁקֶר
"Do not testify against your neighbor as a false witness."
Shemot 20:13Open the source
וְלֹא־תַעֲנֶה בְרֵעֲךָ עֵד שָׁוְא
"And do not testify against your neighbor as an empty witness."
Devarim 5:17Open the source

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:

״לֹא תַעֲנֶה בְרֵעֲךָ עֵד שָׁקֶר״, לָמָּה נֶאֱמַר? לְפִי שֶׁהוּא אוֹמֵר: ״וַעֲשִׂיתֶם לוֹ כַּאֲשֶׁר זָמַם לַעֲשׂוֹת לְאָחִיו״. עֹנֶשׁ שָׁמַעְנוּ, אַזְהָרָה לֹא שָׁמַעְנוּ! תִּלְמֹד לוֹמַר ״לֹא תַעֲנֶה בְרֵעֲךָ עֵד שָׁקֶר.״
"'Do not testify against your neighbor as a false witness': why is this said? Because it says 'Do to him as he schemed to do to his brother' (Devarim 19:19). We have heard the punishment; we have not heard the warning. So the verse says: 'Do not testify against your neighbor as a false witness.'"
Mechilta, Bachodesh 8Open the source

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?

How a court knows

Two witnesses

One witness cannot convict anyone. And witnesses caught lying receive what they planned.

לֹא־יָקוּם עֵד אֶחָד בְּאִישׁ לְכׇל־עָוֺן וּלְכׇל־חַטָּאת בְּכׇל־חֵטְא אֲשֶׁר יֶחֱטָא עַל־פִּי שְׁנֵי עֵדִים אוֹ עַל־פִּי שְׁלֹשָׁה־עֵדִים יָקוּם דָּבָר
"One witness shall not stand up against a person for any sin or any wrong, in any sin that he may commit. By the word of two witnesses, or by the word of three witnesses, a matter shall stand."
Devarim 19:15Open the source

A few verses later, the Torah describes witnesses whose testimony turns out to be false:

וְדָרְשׁוּ הַשֹּׁפְטִים הֵיטֵב וְהִנֵּה עֵד־שֶׁקֶר הָעֵד שֶׁקֶר עָנָה בְאָחִיו וַעֲשִׂיתֶם לוֹ כַּאֲשֶׁר זָמַם לַעֲשׂוֹת לְאָחִיו וּבִעַרְתָּ הָרָע מִקִּרְבֶּךָ
"The judges shall look into it well, and here, the witness is a false witness; he testified falsely against his brother. Then you shall do to him as he schemed to do to his brother, and you shall remove the evil from among you."
Devarim 19:18-19Open the source

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:

אָמְרוּ ״מְעִידִין אָנוּ בְּאִישׁ פְּלוֹנִי שֶׁהָרַג אֶת הַנֶּפֶשׁ״. אָמְרוּ לָהֶם: ״הֵיאַךְ אַתֶּם מְעִידִין? שֶׁהֲרֵי נֶהֱרָג זֶה אוֹ הַהוֹרֵג זֶה הָיָה עִמָּנוּ אוֹתוֹ הַיּוֹם בְּמָקוֹם פְּלוֹנִי!״ – אֵין אֵלּוּ זוֹמְמִין. אֲבָל אָמְרוּ לָהֶם: ״הֵיאַךְ אַתֶּם מְעִידִין? שֶׁהֲרֵי אַתֶּם הֱיִיתֶם עִמָּנוּ אוֹתוֹ הַיּוֹם בְּמָקוֹם פְּלוֹנִי!״ – הֲרֵי אֵלּוּ זוֹמְמִין, וְנֶהֱרָגִין עַל פִּיהֶם.
"They said: 'We testify that so-and-so killed a person.' The others said to them: 'How can you testify? The one who was killed, or the killer, was with us that day in such-and-such a place!' These are not scheming witnesses. But if they said to them: 'How can you testify? You yourselves were with us that day in such-and-such a place!' these are scheming witnesses, and they are executed on their word."
Mishnah, Makkot 5aOpen the source
Pair A testifies Pair B answers "We saw it happen, there." "You were with us, elsewhere."
Contradicting the story is not enough. To make Pair A scheming witnesses, Pair B testifies about the witnesses themselves: you could not have seen it, because you were with us (Makkot 5a).

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):

אֵין הָעֵדִים זוֹמְמִין נֶהֱרָגִין עַד שֶׁיִּגָּמֵר הַדִּין. שֶׁהֲרֵי הַצַּדּוּקִין אוֹמְרִים: עַד שֶׁיֵּהָרֵג, שֶׁנֶּאֱמַר ״נֶפֶשׁ תַּחַת נָפֶשׁ״. אָמְרוּ לָהֶם חֲכָמִים: וַהֲלֹא כְּבָר נֶאֱמַר ״וַעֲשִׂיתֶם לוֹ כַּאֲשֶׁר זָמַם לַעֲשׂוֹת לְאָחִיו״, וַהֲרֵי אָחִיו קַיָּים!
"Scheming witnesses are executed only once the verdict has been given. For the Sadducees say: only once he has been executed, as it says 'a life for a life.' The Sages said to them: But it already says 'Do to him as he schemed to do to his brother,' and his brother is still alive!"
Mishnah, Makkot 5bOpen the source

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.

Beyond "do not lie"

Keep far from a false word

The Torah does not only say "do not lie." It says to keep your distance.

מִדְּבַר־שֶׁקֶר תִּרְחָק
"Keep far from a false word."
Shemot 23:7Open the source

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:

מִנַּיִן לְתַלְמִיד שֶׁאָמַר לוֹ רַבּוֹ: יוֹדֵעַ אַתָּה בִּי שֶׁאִם נוֹתְנִין לִי מֵאָה מָנֶה אֵינִי מְבַדֶּה; מָנֶה יֵשׁ לִי אֵצֶל פְּלוֹנִי, וְאֵין לִי עָלָיו אֶלָּא עֵד אֶחָד – מִנַּיִן שֶׁלֹּא יִצְטָרֵף עִמּוֹ? תַּלְמוּד לוֹמַר: ״מִדְּבַר שֶׁקֶר תִּרְחָק״.
"From where do we know that if a teacher says to his student, 'You know me: even if they gave me a hundred maneh, I would not make anything up. Someone owes me a maneh, and I have only one witness against him,' the student should not join the witness? The verse says: 'Keep far from a false word.'"
Shevuot 31aOpen the source

(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:

אֶלָּא כְּגוֹן דַּאֲמַר לֵיהּ: וַדַּאי חַד סָהֲדָא אִית לִי, וְתָא אַתָּה קוּם הָתָם וְלָא תֵּימָא וְלָא מִידֵּי, דְּהָא לָא מַפְּקַתְּ מִפּוּמָּךְ שִׁקְרָא – אֲפִילּוּ הָכִי אָסוּר, מִשּׁוּם שֶׁנֶּאֱמַר: ״מִדְּבַר שֶׁקֶר תִּרְחָק״.
"Rather, it is where he said to him: 'I certainly have one witness. Just come and stand there and say nothing, so you will not have said anything false with your mouth.' Even so, it is forbidden, because it says: 'Keep far from a false word.'"
Shevuot 31aOpen the source

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).

Why truth

The seal of the Holy One

A seal is how you know a letter is really from the king.

רַבִּי חֲנִינָא: חוֹתָמוֹ שֶׁל הַקָּדוֹשׁ בָּרוּךְ הוּא ״אֱמֶת״
"Rabbi Chanina: The seal of the Holy One, blessed be He, is truth."
Shabbat 55aOpen the source

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:

רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר, עַל שְׁלשָׁה דְבָרִים הָעוֹלָם עוֹמֵד, עַל הַדִּין וְעַל הָאֱמֶת וְעַל הַשָּׁלוֹם, שֶׁנֶּאֱמַר אֱמֶת וּמִשְׁפַּט שָׁלוֹם שִׁפְטוּ בְּשַׁעֲרֵיכֶם
"Rabban Shimon ben Gamliel says: The world stands on three things: on justice, on truth, and on peace, as it says: 'Truth and a justice of peace, judge in your gates' (Zechariah 8:16)."
Pirkei Avot 1:18Open the source

Usually truth and peace go together. What happens when they pull apart?

Truth and peace

When the facts may change

The Gemara names cases where changing the facts is allowed, and one teacher calls it a mitzvah.

רַבִּי אִילְעָא מִשּׁוּם רַבִּי אֶלְעָזָר בְּרַבִּי שִׁמְעוֹן: מוּתָּר לוֹ לָאָדָם לְשַׁנּוֹת בִּדְבַר הַשָּׁלוֹם, שֶׁנֶּאֱמַר: ״אָבִיךְ צִוָּה וְגוֹ׳ כֹּה תֹאמְרוּ לְיוֹסֵף אָנָּא שָׂא נָא וְגוֹ׳״.
"Rabbi Ila'a in the name of Rabbi Elazar son of Rabbi Shimon: A person may change the facts for the sake of peace, as it says: 'Your father commanded... So shall you say to Yosef: Please, forgive...' (Bereishit 50:16-17)."
Yevamot 65bOpen the source

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:

רַבִּי נָתָן אוֹמֵר: מִצְוָה, שֶׁנֶּאֱמַר: ״וַיֹּאמֶר שְׁמוּאֵל אֵיךְ אֵלֵךְ וְשָׁמַע שָׁאוּל וַהֲרָגָנִי וְגוֹ׳״.
"Rabbi Natan says: It is a mitzvah, as it says: 'Shmuel said: How can I go? If Shaul hears, he will kill me...'"
Yevamot 65bOpen the source

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:

עֶגְלַת בָּקָר תִּקַּח בְּיָדֶךָ וְאָמַרְתָּ לִזְבֹּחַ לַה' בָּאתִי
"Take a young cow with you, and say: I have come to bring an offering to Hashem."
Shmuel I 16:2Open the source

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):

בְּהָנֵי תְּלָת מִילֵּי עֲבִידִי רַבָּנַן דִּמְשַׁנּוּ בְּמִלַּיְיהוּ – בְּמַסֶּכֶת, וּבְפוּרְיָא וּבְאוּשְׁפִּיזָא
"In these three things the Sages do change their words: about a tractate, about a bed, and about a host."
Rav Yehuda in the name of Shmuel, Bava Metzia 23b-24aOpen the source

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.

Try it

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.

Stories

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.

The limits

Where it stops

The permission to change the facts is real, and it is narrow.

1

Outside the allowed cases, you lose your word

אִי יָדְעִינַן בֵּיהּ דְּלָא מְשַׁנֵּי אֶלָּא בְּהָנֵי תְּלָת – מַהְדְּרִינַן לֵיהּ, וְאִי מְשַׁנֵּי בְּמִילֵּי אַחֲרִינֵי – לָא מַהְדְּרִינַן לֵיהּ.
"If we know about him that he changes his words only in these three things, we return it to him; and if he changes them in other things, we do not return it to him."
Mar Zutra, Bava Metzia 24aOpen the source

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.

2

Not as a habit

לָא לֵימָא אִינִישׁ לְיָנוֹקָא ״דְּיָהֵיבְנָא לָךְ מִידֵּי״ וְלָא יָהֵיב לֵיהּ, מִשּׁוּם דְּאָתֵי לְאַגְמוֹרֵיהּ שִׁיקְרָא, שֶׁנֶּאֱמַר: ״לִמְּדוּ לְשׁוֹנָם דַּבֶּר שֶׁקֶר״.
"A person should not say to a child 'I will give you something' and then not give it to him, because he teaches him to lie, as it says: 'They have taught their tongue to speak falsehood.'"
Rabbi Zeira, Sukkah 46bOpen the source

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.

3

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).

4

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

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.

Its partner on the other tablet

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:

א · אָנֹכִי ב · לֹא יִהְיֶה ג · לֹא תִשָּׂא ד · זָכוֹר ה · כַּבֵּד ו · לֹא תִרְצָח ז · לֹא תִנְאָף ח · לֹא תִגְנֹב ט · לֹא תַעֲנֶה י · לֹא תַחְמֹד First tablet: 1 to 5 Second tablet: 6 to 10
In Rabbi Chananya ben Gamliel's view: five on each tablet, read across. The fourth commandment, "Remember the day of Shabbat," faces the ninth, "Do not testify as a false witness."
כָּתוּב ״זָכוֹר אֶת יוֹם הַשַּׁבָּת לְקַדְּשׁוֹ״, וּכְנֶגְדּוֹ כָתוּב ״לֹא תַעֲנֶה בְרֵעֲךָ עֵד שָׁקֶר.״ מַגִּיד הַכָּתוּב, שֶׁכָּל מִי שֶׁמְּחַלֵּל אֶת הַשַּׁבָּת, כְּאִלּוּ מֵעִיד לִפְנֵי מִי שֶׁאָמַר וְהָיָה הָעוֹלָם, שֶׁבָּרָא עוֹלָמוֹ לְשִׁשָּׁה, וְלֹא נָח בַּשְּׁבִיעִי. וְכָל מִי שֶׁהוּא מְשַׁמֵּר אֶת הַשַּׁבָּת, מֵעִיד לִפְנֵי מִי שֶׁאָמַר וְהָיָה הָעוֹלָם, שֶׁבָּרָא עוֹלָמוֹ לְשִׁשָּׁה וְנָח בַּשְּׁבִיעִי, שֶׁנֶּאֱמַר: ״וְאַתֶּם עֵדַי, נְאֻם ה', וַאֲנִי אֵל.״
"It is written 'Remember the day of Shabbat to make it holy,' and across from it is written 'Do not testify against your neighbor as a false witness.' The verse tells us that whoever desecrates Shabbat is as if he testifies before the One who spoke and the world came to be, that He created His world in six days and did not rest on the seventh. And whoever keeps Shabbat testifies before the One who spoke and the world came to be, that He created His world in six days and rested on the seventh, as it says: 'You are My witnesses, says Hashem, and I am God' (Yeshayahu 43:12)."
Rabbi Chananya ben Gamliel, Mechilta, Bachodesh 8:20 (his name is at 8:21)Open the source

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.

FAQ

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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Hebrew texts are from Sefaria: Tanach from Miqra al pi ha-Masorah (CC-BY-SA), the Mishnah from the Torat Emet edition, the Talmud's Hebrew and Aramaic from the William Davidson edition (CC-BY-NC), and the Mechilta from the Beeri edition (Koren, 2019). English renderings and explanations are Torah Tech originals, and any mistakes are ours. The everyday cases on this page are ours, not the sources'.

This page is for learning. It is not a halachic ruling. For how these laws apply to you, ask your rav.

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