The word shnayim connotes two. Yet, later in this parsha (19:15), the Torah uses the word shnei (eidim) to specify two witnesses. Why does the text change from one pasuk to the other? Horav David Cohen, Shlita, quotes the Gaon, zl, m’Vilna, who distinguishes between shnayim and shnei (although both words mean “two”). Shnayim refers to two people (or objects) which come together or meld together as one unit, while shnei refers to two individuals, separate and/or disparate, who just happen to be together. In other words, shnayim is a “two” which maintains a stronger sense of unity.
With the Gaon’s chiddush, novel interpretation, in mind, the Rosh Yeshivah cites Rashi (Kesubos 20a, v’nafka minah) who writes that with regard to money matters, when two witnesses testify, each one achieves half of the judgment. This means that if the defendant is found guilty (based upon the testimony of two witnesses) of owing one hundred dollars, each witness is obliged him to pay fifty dollars. Horav Chaim Soloveitchik, zl, contends that this is true only with regard to monetary matters. Concerning matters of life and death (capital punishment), however, both witnesses together act as one unit to bring about a guilty verdict. One without the other is of no value.
We now understand the difference between the two terms used to express different meanings in our parsha. The beginning of the parsha addresses the requirement of the testimony of valid witnesses in a case of capital punishment. The Torah uses the word shnayim, because – with regard to capital punishment – both witnesses are effective only as a unit of two. Each one individually is of no consequence. On the other hand, when the Torah addresses the laws of monetary claims, it uses the word shnei, since each individual witness accomplishes fifty percent of judgment.
