Are Women Really 'Disqualified' from Testifying in Torah Law?

The following query highlights a common misconception:

Question: Why aren't women qualified to testify as witnesses? Perhaps in the past they were less involved in public life and more naive about how the world works. But today they operate in a man's world, and plenty of women are more reliable and even sharper than men. Why doesn't the Torah accept their testimony?

Answer: The idea that women don't testify as witnesses because they are less informed or naive is completely mistaken. Such considerations do not apply in the laws of giving testimony. Is a man who is naive or out of touch disqualified from testifying? No. This has nothing to do with innate abilities. In fact, sometimes the testimony of a simple person is more candid and trustworthy. The more honest and reliable a person is, the more qualified they are to give testimony, and it's for the judges to assess their account of events and decide whether to accept it.

It's clear that the Sages (throughout the ages) viewed women as reliable and trustworthy, and it never occurred to them to "disqualify" them from testifying. What the Sages stated is that testimony is not "practiced by women," and this is the language of the Mishnah. The Gemara adds (Shevuot 30a) that it is not the way of women to give testimony. This has nothing to do with being considered untrustworthy.

When we talk about "testimony," many people imagine a witness stand in a courtroom, but this isn't what the Sages of the Talmud had in mind. What they were referring to are the witnesses that a person "appoints" when selling land, conducting business, or betrothing or divorcing a woman. In such situations, one needs to designate two witnesses to authenticate the procedure. If any uncertainty arises at a later stage, these witnesses will be summoned to testify about what happened and provide details of the transaction, and so forth.

Regarding such testimony, the Sages ruled that women should not be appointed as witnesses, because it is not their way. Women are not suited to this process of measuring and supervising, recording and then going to the court or city council where they will be challenged on what they observed and will have to engage in discussion and debate.

While conditions in the modern world have changed such that many women are more involved in business and so forth, the question of how to respond to contemporary reality is a separate issue. Torah authorities do not require women to sit at home all day; women are permitted to seek employment in all kinds of positions, as long as the fundamental principles of modesty can be upheld.

In cases where the court requires witnesses who were not specifically appointed but happened to be present, women are qualified to testify. Regarding events that occur in a place where no men were present, women provide testimony. A midwife, for example, testifies regarding a child's parentage which will determine whether he is a Cohen, Levite, or Israelite, or even a non-Jew. Regarding disputes that occur "in a women's bathhouse," the Shulchan Aruch rules that a woman is qualified to testify, as there were no men present.

In conclusion, women are not "disqualified" from testifying. Giving legal testimony on procedural matters is, however, not suited to a woman's nature. This is certainly not related to any perceived deficiency – in fact, the Sages note that women actually have a better grasp of details in certain areas. Women are as reliable and trustworthy as men and the fact that they are not suited to all aspects of providing testimony in no way diminishes their status.