Withholding Testimony

There is a type of קרבן חטאת, known as עולה ויורד. This means that this particular sin offering goes up and goes down according to the one offering it. He is only obligated to offer what he can afford. It goes up if he is wealthy, and goes down if he is poor.

One of the sins that warrants such a sacrifice, has to do with making an oath that he cannot give testimony, when he actually can. This leads to the laws related to one’s obligation of giving testimony, in general.

The Torah is clear when it says, ואם לא יגיד ונשא עונו, that if one will not tell, that is, give testimony, he will carry his sin. There is a clear obligation to give testimony when one witnesses a transgression.

There is a difference between דיני ממונות, money matters, and דיני נפשות, laws involving a death penalty. In money matters, the obligation to testify begins when one is asked to give testimony. In cases of capital punishment, or even when one witnesses a Jew beating another Jew, he must take the initiative of going to court and giving testimony.

This falls under the category of ובערת הרע מקרבך, that we must burn out the evil in our midst. This is necessary for society to function at the highest level. There must be consequences for those who disrespect the law. Therefore, giving testimony is crucial so that laws can be enforced. The laws related to giving testimony are very detailed, but it is important to know that we are not allowed to be apathetic, but we must do our part in ensuring the smooth running of society.