Holy Witnesses
Witnesses are an important part of every Judicial system. Yet, as is often the case, Judaism presents a deeper dimension and perspective of the function and purpose of witnesses.
The conventional definition of witnesses is "clarifying witnesses”. Witnesses observe an event and later testify to confirm that the event indeed occurred; for example, witnesses can testify that a man borrowed one hundred dollars from his friend. The witnesses, however, are not part of the transaction and have no part in the obligation to repay. The borrower is morally obligated to repay the loan whether or not the witness testifies. The witnesses are necessary in order to prevent the borrower from avoiding his moral obligation to repay by denying that he borrowed the money. The witnesses themselves, however, are merely observers, the moral obligation to pay is created by the act of the loan not by the witnesses.
Jewish law introduces a second category of witnesses: “witnesses who establish”. According to Jewish law there are events that have no legal significance unless there are witnesses present. For example, the witnesses at a wedding ceremony are a critical part of the onset of the marriage. Marriage witnesses serve not only to clarify in the case where there is a question as to whether a wedding took place, but rather they serve as the ones who actually establish the marriage (in Jewish law, a marriage without proper witnesses has no legal significance).
Torah is comprised of body and soul. These two categories of witnesses are relevant to the inner, spiritual dimension of the Torah.
The prophet Isaiah tells us: “‘You are My witnesses,’ says the Lord (Isaiah 43:10)”. We are the witnesses charged with the responsibility to “testify” and reveal the truth of G-d throughout the earth. Our spiritual task as witnesses contains both dimensions of witnesses, the “clarifying witnesses” who do not create but only reveal, the legal reality, and the “witnesses who establish” who actively participate in creating a legal reality.
We serve as “clarifying witnesses” when we recognize the presence of G-d in the magnificent universe he created. We serve as “clarifying witnesses” when we remind ourselves and others of the good inherent in the world and within people.
Yet merely observing, appreciating, and sharing does not capture the full potential and greatness of the Jew, for the Jew is a witness to a marriage, the marriage between creator and creation, between the groom, G-d, and the bride, the Jewish people, between heaven and earth. As previously explained, the witnesses of a marriage are “witnesses who establish”, part of the creation and establishment of the marriage.
To be a witness to the marriage of heaven and earth the Jew must do more than appreciate and focus on the inherent G-dliness found on earth. The Jew must partner with G-d in creation. The Jew actively improves and elevates the world around him. He transforms the mundane by imbuing it with meaning and holiness. The Jew doesn't just tell a story, the Jew seeks to actively create it.
(Adapted from the teachings of the Rebbe, Reshimos booklet 160).