6 At the mouth of two witnesses, or three witnesses, shall he who is to die be put to death; at the mouth of one witness he shall not be put to death.
*Minor differences ignored. Grouped by changes, with first version listed as example.
As His severity in exacting punishment, where murder has been unquestionably committed, shows how highly God rates the life of men, so the qualification, which we find here, declares, that he takes equal care for the preservation of innocent blood. For, since too great credulity would often impel the judges to condemn the guiltless, He here applies a remedy to this evil, forbidding that the crime should be punished unless proved by sure testimony. Although He has naturally inscribed this law upon every heart, yet he would have it written down, that its observance amongst the Israelites might be more sacred; for nothing is more dangerous than to expose men's lives to the tongue of a single individual; but, where the consent of two or three is carefully weighed, any lurking falsehood is for the most part detected. Lest, therefore, any one should be rashly condemned, and so innocence should be oppressed by any light conjectures, or insufficient accusations, or unjust prejudices, God here interferes, and does not allow any to be harshly dealt with, unless duly convicted.
Two witnesses - One might be deceived, or be prejudiced or malicious; therefore God required two substantial witnesses for the support of the charge.
At the mouth of two witnesses, or three witnesses, shall he that is worthy of death be put to death,.... The idolater found guilty was to be stoned; two witnesses were sufficient to prove a fact, if three the better, but, on the testimony of one, sentence might not be pronounced. Aben Ezra observes, that some say, if two witnesses contradict two other, a third turns the scale and determines the matter; and others say, that two who are wise men will do, and three of others; and because it is said "at the mouth" of these witnesses, it is concluded, that a testimony should be verbal and not written; should not be recorded, neither in pecuniary cases nor in capital ones, but from the mouth of the witnesses, as it is said "at the mouth", &c. at their mouth, and not from their handwriting (e):
but at the mouth of one witness he shall not be put to death; so careful is the Lord of the lives of men, that none should be taken away but upon full and sufficient evidence, even in cases in which his own glory and honour is so much concerned.
(e) Maimon. Hilchot Eduth, c. 3. sect. 4.
Witnesses - Namely, credible and competent witnesses. The Jews rejected the testimonies of children, women, servants, familiar friends or enemies, persons of dissolute lives or evil fame.
*More commentary available at chapter level.