If a person incurs guilt—When one has heard a public imprecation but (although able to testify as having either seen or learned of the matter) has not given information and thus is subject to punishment;
MISHNA: Liability to bring a sliding-scale offering for taking a false oath of testimony, how so? In a case where the plaintiff said to two individuals: Come and testify on my behalf, and they replied: On our oath we do not know any testimony on your behalf, i.e., we do not have any knowledge of the matter you speak of, or in a case where they said to him: We do not know any testimony on your behalf, and he said to them: I administer an oath to you, and they said: Amen; if it was determined that they lied, these two witnesses are liable.
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Professional Secrecy
Judaism places stringent restrictions upon disclosure of confidential information regardless of whether the information is received in the course of a professional relationship, a secret non-professional communication, as the result of an inadvertent or accidental disclosure, or through a third party.
The baraita teaches: And one who knows testimony in support of another but does not testify on his behalf is exempt from liability according to human laws but liable according to the laws of Heaven. With what circumstances are we dealing? If we say that the case involves two people who could testify, and their evidence would render the other party liable to pay, it is obvious that each of them is liable according to the laws of Heaven; he has committed a transgression by Torah law: “If he does not utter it, then he shall bear his iniquity” (Leviticus 5:1). Therefore, it is unnecessary for the baraita to mention this case.
A witness is commanded to testify in court with regard to all pertinent testimony that he knows. This applies both to testimony that will cause his colleague to be held liable or testimony that will vindicate him. With regard to financial cases, this applies only when he is summoned to testify. The source for this commandment is Leviticus 5:1: "And should he witness, see, or know of the matter, if he does not testify, he will bear his sin."
1. Anyone who knows testimony that another has a use for, and is fit to testify, is obligated to testify if he is called to testify in court. This is true whether he is solo or has another witness with him. If he withholds his testimony, he is exempt from judgement by man but is liable by the laws of the heavens. A solo witness should only testify on monetary matters where he may require an oath or for a matter of prohibition where he is causing someone to separate from the prohibition. If the prohibition was already done, however, he should not testify because he is merely gossiping about the individual. A person is prohibited from testifying regarding a matter he does not know, even if it was told to him by a truthful person. Even if one were to tell him to merely stand with another witness, but not actually testify, in order to intimidate the borrower who will think he has two witnesses and get the borrower to confess, the witness may not do so.
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