You have stated in response to a previous question: “In this verse God gave permission to a Jewish man to divorce his wife if he hath found some uncleanness in her. What does that mean? The word ‘uncleanness’ is rendered ‘indecency’ in many translations, and it refers to ‘sexual indecency.’ Does this mean that his wife was guilty of adultery? If one was guilty of adultery it was punishable by death.” My question to you is this: Is it not correct to say that if the wife had been caught in adultery, and the adultery was witnessed by at least two witnesses, only then would she be put to death?
The question you referred to was from July 10th, 2016 where the inquirer wanted me to explain Deuteronomy 24:1 which reads, “When a man takes a wife and marries her, and it happens that she finds no favor in his eyes because he has found SOME UNCLEANNESS IN HER, and he writes her a certificate of divorce, puts it in her hand, and sends her out of his house.” You quoted part of my answer to him but I then went on to explain that the word “uncleanness” (or “indecency”) is some “improper behavior with another man short of adultery,” such as exposing herself to him. In those cases she would surely “find no favor in her husband’s eyes” and he could “write her a certificate of divorce, put it in her hand, and send her out of his house.”
In your question to me today you focus on “a case of ADULTERY,” but as I just stated Deuteronomy 24:1 is NOT speaking of adultery. In my answer I went on to quote Deuteronomy 22:22 to prove that this could not have been a case of adultery for the punishment for adultery was indeed DEATH. That verse says, “If a man is found lying with a woman married to a husband, then both of them shall die—the man that lay with the woman, and the woman; so you shall put evil from Israel.” It is clear then that adultery was punishable by death, for both the man and the woman. In verse 24 we learn the manner of execution: “Then you shall bring them both out to the gate of that city, and you shall STONE THEM TO DEATH WITH STONES.”
Now let’s try to answer your specific question regarding there having to be “at least two witnesses” in order for the death sentence to be carried out. It is clear from Deuteronomy 22:22 that they were CAUGHT IN THE ACT but the “number of witnesses” is not mentioned. Were there two or more witnesses, or only one? We believe, based on Deuteronomy 17:6 that there were “at least two witnesses,” for it says, “Whoever is deserving of death shall be put to death on the TESTIMONY OF TWO OR THREE WITNESSES; he shall not be put to death on the testimony of one witness.” And this was not only true of sins punishable by death but for any sin, for we read in Deuteronomy 19:15, “One witness shall not rise against a man concerning ANY INIQUITY OR ANY SIN that he commits; BY THE MOUTH OF TWO OR THREE WITNESSES that matter shall be established.” So you are right, there had to have been “at least two witnesses” or they would not have been put to death.
This principle of having at least two or three witnesses was God’s “safeguard against a false witness who might bring an untruthful charge against a fellow Israelite because of a quarrel or out of some other impure motive” (Jack S. Deere…Bible Knowledge Commentary). This same principle holds true in the church today in dealing with sin. In Matthew 18:15-16 we read, “Moreover if your brother sins against you, go and tell him his fault between you and him alone. If he hears you, you have gained your brother. But if he will not hear, take with you ONE OR TWO MORE, that ‘by THE MOUTH OF TWO OR THREE WITNESSES EVERY WORD MAY BE ESTABLISHED.” Again, God demands “two or three witnesses” to avoid a false witness coming forward for ulterior motives. We do well, dear fellow believers, to remember this principle and to obey it. (419.1) (DO)
(To read the original question dealing with Deuteronomy 24:1, please click on this AFTB link:)