Keep Far From Falsehood and Do Not Slay the Innocent

Mekhilta DeRabbi Shimon Ben Yochai 23:7

"Keep far from a false matter" (Exodus 23:7). How do we know that a judge may not hear the words of one litigant before his fellow arrives? Scripture teaches, "Keep far from a false matter." How do we know that a litigant may not make his words pleasing to the judge before the other litigant arrives? Scripture teaches, "Keep far from a false matter." "And do not slay the innocent and righteous." If not, what had entered My mind, to slay innocent and needy souls? Rather, this is one who has grounds for acquittal. From here we learn that we do not punish on the basis of inference. How do you say: if there are witnesses against him but no warning was given, or warning was given but no witnesses, he is exempt? If two testify that he profaned the Sabbath — one testifies that he gathered figs and one that he gathered grapes; one testifies he gathered black ones and one that he gathered white ones — could it be that since he profaned the Sabbath in any case, let him come and be executed? Scripture teaches, "do not slay the innocent and righteous." "Do not slay the innocent and righteous" — this teaches that we reopen the case to acquit him. Could it be that we reopen it to convict him? Scripture teaches, "do not slay the innocent and righteous." I know only of execution; how do I know of exile? It says "a matter" here and it says "a matter" elsewhere [a verbal analogy]: just as the "matter" stated elsewhere is exile, so the "matter" stated here is exile. I know only of exile; how do I know of flogging? It says "wicked" here and it says "wicked" elsewhere (Deuteronomy 25:2): just as the "wicked" stated elsewhere is flogging, so the "wicked" stated here is flogging. Could it be that even in monetary cases we do not reopen to convict? Scripture teaches, "the innocent and righteous do not slay" — in a capital case you do not reopen against him, but in a monetary matter you may reopen. Could it be that just as your hand is clear, so is My hand clear? Scripture teaches, "for I will not acquit the wicked." "For I will not acquit the wicked" — yet I do acquit him through repentance.

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