The Torah in Parashat Re’eh (Debarim 13:15) introduces the command that Bet Din must thoroughly interrogate witnesses who have come to testify about somebody in court: “Ve’drashta Ve’hakarta Ve’sha’alta Heteb” – “You shall inquire, investigate and thoroughly ask.”
The Gemara in Masechet Sanhedrin explains that the court must ask the witnesses two sets of questions, called “Hakirot” and “Bedikot.” The seven Hakirot are:
1) During which seven-year Shemita cycle did the event take place?
2) During which year of that cycle did the event take place?
3) During which month of that year did the event take place?
4) On what day of that month did the event take place?
5) On which day of the week did the event take place? (Curiously, the Sefer Ha’hinuch formulates this question as, “On which of the six days of the week did the event take place?” – implying that the witnesses would not testify about an event that they witnessed on Shabbat. Clearly, however, this is not correct, as witnesses would certainly testify about events witnessed on Shabbat. Apparently, this is a copyist’s error, and the text should read “seven days.”)
6) On which hour of that day did the event take place?
7) Where did the event take place?
The judges also pose more detailed questions about the alleged incident. If, for example, the witnesses testify about an act of Shabbat desecration, they are asked to identify the specific Melacha (category of forbidden activity) that they saw. If they testify about somebody who ate on Yom Kippur, they are asked to identify the type of food that was eaten and the quantity.
The “Bedikot” consist of secondary questions, such as about the clothing worn by the defendant and the victim, if the witnesses testify about a murder. They are also asked about the color of the ground upon which the murder allegedly took place.
If either of the witnesses is unable to answer any of the seven “Hakirot,” then the testimony is voided. When it comes to the “Bedikot,” however, a witness’ inability to answer a question does not invalidate the testimony, but if the responses of the two witnesses contradict each other, then the testimony is dismissed.
The Rabbis enacted that when it comes to Dineh Mamonot – civil cases, involving monetary disputes – the witnesses are not questioned this thoroughly. The reason is that if people know that they would be rigorously interrogated when testifying about a civil case, they would be reluctant to serve as witnesses to loans. Prospective lenders will then refuse to lend money to those in need of loans, as they would be unable to procure witnesses to ensure that they are repaid. Therefore, the Sages relaxed the standards of interrogation for Dineh Mamonot.
This Misva applies even nowadays, when courts preside over monetary cases. Of course, capital cases are no longer tried. This command applies only to men, as only men serve as judges on a Bet Din. A court that failed to properly interrogate witnesses as required has violated this affirmative command, and the Sefer Ha’hinuch warns that the judges are deserving of harsh punishment, because this leads to a perversion of justice. The Mishna in Pirkeh Abot (1:18) teaches that the world is sustained by three things, one of which is “Din” – an effective justice system. If a court fails to follow the procedures required to ensure a fair trial, then they compromise one of three “pillars” of the world, and are thus deserving of severe punishment.