Catholic Commentary on Deuteronomy 19

"One witness is not enough to convict anyone accused of any crime or offence they may have committed. A matter must be established by the testimony of two or three witnesses." (Deuteronomy 19:15)

Cities of Refuge and the Law of Witnesses

When Israel enters the land, three cities of refuge are to be set aside; if the land is enlarged, three more are to be added. Roads must be built to them. The purpose is that someone who kills another person accidentally may flee there and live, not being caught by an avenger of blood when the killing was unintentional. The example given: two men in the forest chopping wood, and the axe head flies off and strikes the other man. He is to flee to the city of refuge. But the malicious neighbour who kills with intent and then flees to the city of refuge is to be handed over to the avenger.

One witness is not enough to convict anyone accused of any crime or offence they may have committed. A matter must be established by the testimony of two or three witnesses. If a malicious witness comes forward, the judges must investigate thoroughly; if they find the witness has lied, do to them what they planned to do to their brother. Show no pity: life for life, eye for eye, tooth for tooth. The Catechism draws from the two-witness requirement the principle of procedural justice: no person may be condemned on the basis of a single unverified accusation, and the false accuser is subject to the very punishment they sought to impose (CCC 2477).

Living the Word

Brothers and sisters, one witness is not enough. The principle protects every person from the malicious accusation that cannot be verified. It applies in courtrooms and in parish meetings and in family conversations. Do not convict a person on one voice alone. Investigate. The standard of two or three witnesses protects the innocent and exposes the malicious.

Prayer

Lord God, you built protections for the accused into your covenant law: cities of refuge for the accidental killer, multiple witnesses for any conviction. Give your Church communities of genuine justice, slow to accuse and thorough in their investigation. Through Christ our Lord. Amen.

19
Cities of Refuge
(Numbers 35:9–34; Deuteronomy 4:41–43; Joshua 20:1–9)
1 When the LORD your God has cut off the nations whose land He is giving you, and when you have driven them out and settled in their cities and houses, 2 then you are to set apart for yourselves three cities within the land that the LORD your God is giving you to possess. 3 You are to build roads for yourselves * 19:3 Or You are to survey the way and divide into three regions the land that the LORD your God is giving you as an inheritance, so that any manslayer can flee to these cities.
 
4 Now this is the situation regarding the manslayer who flees to one of these cities to save his life, having killed his neighbor accidentally, without intending to harm him: 5 If he goes into the forest with his neighbor to cut timber and swings his axe to chop down a tree, but the blade flies off the handle and strikes and kills his neighbor, he may flee to one of these cities to save his life.
 
6 Otherwise, the avenger of blood might pursue the manslayer in a rage, overtake him if the distance is great, and strike him dead though he did not deserve to die, since he did not intend any harm. 7 This is why I am commanding you to set apart for yourselves three cities.
 
8 And if the LORD your God enlarges your territory, as He swore to your fathers, and gives you all the land He promised them, 9 and if you carefully keep all these commandments I am giving you today, loving the LORD your God and walking in His ways at all times, then you are to add three more cities to these three.
 
10 Thus innocent blood will not be shed in the land that the LORD your God is giving you as an inheritance, so that you will not be guilty of bloodshed.
 
11 If, however, a man hates his neighbor and lies in wait, attacks him and kills him, and then flees to one of these cities, 12 the elders of his city must send for him, bring him back, and hand him over to the avenger of blood to die. 13 You must show him no pity. You are to purge from Israel the guilt of shedding innocent blood, that it may go well with you.
 
14 You must not move your neighbor’s boundary marker, which was set up by your ancestors to mark the inheritance you shall receive in the land that the LORD your God is giving you to possess.
The Testimony of Two or Three Witnesses
(Matthew 18:15–20)
 
15 A lone witness is not sufficient to establish any wrongdoing or sin against a man, regardless of what offense he may have committed. A matter must be established by the testimony of two or three witnesses.† 19:15 Cited in Matthew 18:16 and 2 Corinthians 13:1
 
16 If a false witness testifies against someone, accusing him of a crime, 17 both parties to the dispute must stand in the presence of the LORD, before the priests and judges who are in office at that time. 18 The judges shall investigate thoroughly, and if the witness is proven to be a liar who has falsely accused his brother, 19 you must do to him as he intended to do to his brother. So you must purge the evil from among you.‡ 19:19 Cited in 1 Corinthians 5:13 20 Then the rest of the people will hear and be afraid, and they will never again do anything so evil among you. 21 You must show no pity: life for life, eye for eye, tooth for tooth,§ 19:21 Cited in Matthew 5:38 hand for hand, and foot for foot.

*19:3 19:3 Or You are to survey the way

†19:15 19:15 Cited in Matthew 18:16 and 2 Corinthians 13:1

‡19:19 19:19 Cited in 1 Corinthians 5:13

§19:21 19:21 Cited in Matthew 5:38

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