One of the salient differences between Jewish criminal law and contemporary secular law is that in a criminal proceeding that follows the laws of the Torah, two witnesses are required to testify against the accused. Circumstantial evidence, confession or the testimony of one witness will not result in a conviction.
In cases where ruthless criminals would literally “get away with murder,” Jewish law provided for some exceptions to the rigid rule of two witnesses. A court that sees society crumbling due to rampant violence is empowered to rely on other forms of evidence.
Based on the belief that every law, sentence and even word of the Torah conveys an eternal message that is relevant to all of us at all times and places, we ought to reflect on the message that can be derived from the two witness requirement. How does it relate to a non-criminal? And how does it relate to us in our day and age when Jewish criminal courts no longer exist?
The prophet Isaiah refers to each and every one of us as G-d’s witness. This can be understood on at least two levels: personal and historical.
On an individual level, every time we perform a Mitzvah (which means a Divine commandment), we are actually serving in the capacity of a witness. Because every Mitzvah is a form of emulating G-d, every Mitzvah we perform make us G-dly. In the words of the Talmud: “Just as He is kind and compassionate, so too you be kind and compassionate.” All the Mitzvot—i.e., G-dly acts—we do serve as one form of testimony to G-d’s presence in our lives.
However, when a person follows in one direction of goodness, it could only be regarded as one witness. For example, if one were to lead an exemplary life devoted to kindness, that would still constitute only one form of testimony. This benevolent individual is testimony to the G-dly spirit of kindness. But If we apply the analogy of Jewish criminal law’s requirement of two witnesses to our personal role as G-d’s witnesses, how does one provide two distinct forms of “testimony?”
The answer is that one must strive to express their G-dly spirit in, at least, two diverse ways.
To cite a few examples, the kind—people oriented—person should also endeavor to work on self-refinement and/or the maintaining of high moral standards within his or her community. The communal worker should also focus on the individual. One must combine love of G-d with reverence for Him. One ought to combine the more intellectual exercises of studying Torah with the emotional experience of prayer and so on. In short, one must try to be multi-faceted in their approach to Judaism
To be sure, in emergency situations, when there might be a gross deficiency in one area of positive behavior, one must—at least temporarily—focus all of their attention on that one lacuna. However, as a general rule, when one develops a two-pronged approach to being a witness to G-d’s existence, it is far more powerful expression of the Divine. It points to the multi-faceted nature of G-d and the person who is imbued with this G-dly spirit.
Historically, the Jewish people’s very existence is also testimony to G-d’s existence. Without the special relationship that exists between us and G-d, how was it possible for a nation so small and persecuted to have survived and persevered so long?
Many greater nations and civilizations have come and gone, but we, the Jewish people—notwithstanding the unparalleled suffering and opportunities to assimilate—did not. We outlived our enemies and those who tried to lure us away from our Jewish identities.
One can therefore say that our very survival as a people is testimony to G-d’s existence.
But the critic may raise a valid objection. While it is true that the Jewish people have enjoyed immortality as a nation, what about all the pain that we’ve endured for the past 3,000 years? Where was G-d during all of the suffering? How can we fulfill our mission as G-d’s witnesses when, those who mock us—and our G-d—taunt us with the question “Where was your G-d during the Holocaust?”
Alas, our critics have a point. If G-d wants us to serve in our role as witnesses to His existence, He must keep His promise to us, to bring an end to the painful, bitter and long exile.
It is not blasphemous to implore G-d to bring an end to the suffering; on the contrary, it is G-d’s will, as expressed in the Torah, that we implore Him to bring about the final Redemption, Indeed, it is the basis of most of our daily prayers. One who beseeches G-d to change things for the better, exhibits a profound faith in G-d and in His ability to make good on His promises to us.
Only when G-d will send Moshiach and bring about the final redemption, ushering in a world of peace, will we be able to serve in our capacity as witnesses to G-d’s existence and providence. Our survival in exile may constitute one powerful witness, but, only when we will get out of exile, will we be able to be the second witness as well.