Talmud Yerushalmi
Yerushalmi Sotah 9:7 ירושלמי סוטה ט׳:ז׳
Part of: Chapter 9
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משנה: עַד אֶחָד אוֹמֵר רָאִיתִי אֶת הַהוֹרֵג וְעַד אֶחָד אוֹמֵר לֹא רָאִיתִי אִשָּׁה אוֹמֶרֶת רָאִיתִי וְאִשָּׁה אוֹמֶרֶת לֹא רָאִיתִי הָיוּ עוֹרְפִין. עַד אֶחָד אוֹמֵר רָאִיתִי וּשְׁנַיִם אוֹמְרִים לֹא רָאִינוּ הָיוּ עוֹרְפִין. שְׁנַיִם אוֹמְרִים רְאִינוּ וְאֶחָד אוֹמֵר לָהֶן לֹא רְאִיתֶם לֹא הָיוּ עוֹרְפִין.
MISHNAH: If one witness says, I saw the murderer157He could identify the murderer if he was caught., and one witness says, I did not see him158He saw the murder being committed but did not see the murderer and could not identify him in court. Then the murderer cannot be prosecuted under biblical law. (This means that when caught he could not be executed. It does not exclude that under the king’s police powers he could be punished.); or a woman159Or any other witness who can testify to facts but not in law. (For example, the testimony of gamblers, criminals, women, or slaves cannot be used to impose the death penalty or to notarize documents.) said, I saw, but another woman said, I did not see, they did break the neck. If one witness said I saw, but two said, we did not see, they did break the neck. I two said, we saw, but one said to them, you did not see160He was with them and testifies that from their position it was impossible to see the murderer. Since he is one against two, his testimony is disregarded., they did not break the neck.
MISHNAH: If one witness says, I saw the murderer157He could identify the murderer if he was caught., and one witness says, I did not see him158He saw the murder being committed but did not see the murderer and could not identify him in court. Then the murderer cannot be prosecuted under biblical law. (This means that when caught he could not be executed. It does not exclude that under the king’s police powers he could be punished.); or a woman159Or any other witness who can testify to facts but not in law. (For example, the testimony of gamblers, criminals, women, or slaves cannot be used to impose the death penalty or to notarize documents.) said, I saw, but another woman said, I did not see, they did break the neck. If one witness said I saw, but two said, we did not see, they did break the neck. I two said, we saw, but one said to them, you did not see160He was with them and testifies that from their position it was impossible to see the murderer. Since he is one against two, his testimony is disregarded., they did not break the neck.
הלכה: גִּידוּל בַּר בִּנְיָמִין בְּשֵׁם רַב. כָּל מָקוֹם שֶׁהִכְשִׁירוּ עֵדוּת הָאִשָּׁה בָאִישׁ. הָאִישׁ מַכְחִישׁ אֶת הָאִשָּׁה וְהָאִשָּׁה מַכְחֶשֶׁת אֶת הָאִישׁ. נִיתְנֵי. עֵד אוֹמֵר. רָאִיתִי אֶת הַהוֹרֵג. אִשָּׁה אָמְרָה. לֹא רְאִיתָהּ. אִשָּׁה אָמְרָה רָאִיתִי. וְעֵד אוֹמֵר. לֹא רְאִיתָהּ. כִּדְתַנֵּי בְשֵׁם רִבִּי נְחֶמְיָה. הוֹלְכִין אַחַר רוֹב הַדֵּיעוֹת. הֵיךְ עֲבִידָא. שְׁתַּיִם נָשִׁים וְאִישׁ אֶחָד עָשׂוּ אוֹתָן כִּשְׁנֵי עֵדִים וְעֵד אֶחָד. הָדָא דְּאַתְּ אָמַר בְאִשָּׁה וְנָשִׁים. אֲבָל אִם הָיוּ מֵאָה נָשִׁים וְעֵד אֶחָד כְּעֵד בְּעֵד אִינּוּן.
HALAKHAH: 162See the parallel texts Yebamot 15, Notes 135–138; Soṭah 6:4; Babli 47b. Gidul bar Benjamin in the name of Rav: Anywhere they accepted the testimony of a woman parallel to that of a man, a man can contradict a woman and a woman can contradict a man. One should state: “A witness says that he saw the murderer, and a woman says that she did not see; a woman said that he saw and a witness said that he did not see,” as it was stated in the name of Rebbi Neḥemiah: One follows the majority of the testimonies. How is that? Two women against one woman they considered as if there were two witnesses against one witness. What you say refers to a woman and women. But if there were a hundred women against one [male] witness, they are like one witness.
HALAKHAH: 162See the parallel texts Yebamot 15, Notes 135–138; Soṭah 6:4; Babli 47b. Gidul bar Benjamin in the name of Rav: Anywhere they accepted the testimony of a woman parallel to that of a man, a man can contradict a woman and a woman can contradict a man. One should state: “A witness says that he saw the murderer, and a woman says that she did not see; a woman said that he saw and a witness said that he did not see,” as it was stated in the name of Rebbi Neḥemiah: One follows the majority of the testimonies. How is that? Two women against one woman they considered as if there were two witnesses against one witness. What you say refers to a woman and women. But if there were a hundred women against one [male] witness, they are like one witness.