Deuteronomy 19:18
And the judges shall make diligent inquisition: and, behold, if the witness be a false witness, and hath testified falsely against his brother;
Original Language Analysis
Cross References
Historical Context
Thorough judicial investigation was revolutionary in the ancient Near East, where social status often determined legal outcomes. This law required evidence-based verdicts regardless of the parties' positions. The command to investigate diligently protected both the accused from false conviction and the legal system's integrity from corruption. Later Jewish tradition developed extensive cross-examination procedures (Mishnah Sanhedrin 5:2) based on this command. The requirement that judges actively seek truth rather than passively hear testimony established an adversarial judicial process where evidence was tested and witnesses scrutinized.
Questions for Reflection
- How does the requirement for "diligent inquisition" challenge superficial judgment based on first impressions?
- What responsibility do Christians bear to investigate truth carefully before forming judgments about others (cf. Matthew 7:1-5)?
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Analysis & Commentary
And the judges shall make diligent inquisition (וְדָרְשׁוּ הַשֹּׁפְטִים הֵיטֵב, ve-darshu ha-shoftim heitev)—the verb darash (דָּרַשׁ) means to seek, investigate thoroughly, even to interrogate. The adverb heitev (הֵיטֵב, "well, diligently") intensifies the requirement: judges must not accept testimony at face value but actively investigate. This anticipates modern cross-examination and evidence gathering.
And, behold, if the witness be a false witness (וְהִנֵּה עֵד־שֶׁקֶר הָעֵד, ve-hinne ed-sheqer ha-ed)—the word sheqer (שֶׁקֶר) denotes not mere error but deliberate deception, fraud, lying. The phrase hath testified falsely against his brother (shaqer anah be'achiv) uses covenant language: ach (brother) emphasizes that perjury tears the community fabric, betraying kinship bonds. Leviticus 19:16 similarly warns against going about as a talebearer among your people.